Bombay High Court is hearing plea filed by Sameet Thakkar for quashing FIRs filed against him for alleged objectionable tweets against Uddhav Thackeray (CM of Maharashtra) and Aditya Thackeray.
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@OfficeofUT @AUThackeray
@thakkar_sameet
@OfficeofUT @AUThackeray
Bench of SS Shinde and MS Karnik is hearing the plea where Advocate Dr. Abhinav Chanrachud appears for Thakkar and APP Yagnik appears for the State.
Chandrachud has pointed out that the Nagpur bench of the Court has granted interim protection in another plea for quashing FIR.
Chandrachud has pointed out that the Nagpur bench of the Court has granted interim protection in another plea for quashing FIR.
Chandrachud adds that Thakkar has been directed to mark his presence in the Nagpur police station (where another FIR is filed) by the Nagpur Bench.
Chandrachud: However he will appear before the Mumbai police whenever the Court directs.
Chandrachud: However he will appear before the Mumbai police whenever the Court directs.
Court: Take instructions on submitting of Thakkar's mobile phone.
Chandrachud: We will follow any directions given by the Court. However, I request that one lawyer may remain present with him. The lawyer will not be able to hear, but will be in sight.
Chandrachud: We will follow any directions given by the Court. However, I request that one lawyer may remain present with him. The lawyer will not be able to hear, but will be in sight.
Court: This request can come from Thakkar to the investigating officer.
Chandrachud: Should Thakkar proceed for the statement recording then? We will also make the necessary applications.
Court asks Chief PP if his officer can record Thakkar's statement on Friday.
Chandrachud: Should Thakkar proceed for the statement recording then? We will also make the necessary applications.
Court asks Chief PP if his officer can record Thakkar's statement on Friday.
After the Chief PP replies that it is possible, the court directs Thakkar to remain present before the Investigating officer on Friday, October 16 between 11am to 1pm.
Court adjourns the matter to October 23.
Court adjourns the matter to October 23.
Chandrachud requests the Court to consider that since the notice is under Sec. 41A, there won't be any arrest.
Chief PP argues that the evidence on record shows that Thakkar is not entitled to protection.
Chandrachud then submits that he may be allowed to argue the interim.
Chief PP argues that the evidence on record shows that Thakkar is not entitled to protection.
Chandrachud then submits that he may be allowed to argue the interim.
Chief PP argues that the notice is clear, but Thakkar cannot come to court for quashing FIR and get interim protection from arrest.
Chief PP: He cannot make a statement for the investigating officer, the Nagpur police had to issue several notices before he appeared.
Chief PP: He cannot make a statement for the investigating officer, the Nagpur police had to issue several notices before he appeared.
Chandrachud: Ld. friend is not making a statement like Mr. Yagnik made. Let me argue for seeking interim protection then.
Court: We want to hear the issue at length. We are not expressing any opinion before that.
Court records that the police has issued a notice under s.41A.
Court: We want to hear the issue at length. We are not expressing any opinion before that.
Court records that the police has issued a notice under s.41A.
Court gives leave to Thakkar to move the court in the event of extreme urgency.
Court directs Chief PP to speak to the officer to expedite the application to allow an advocate for visible distance but not audible distance.
Court directs Chief PP to speak to the officer to expedite the application to allow an advocate for visible distance but not audible distance.
Chief PP says that he will inform the officer to allow that application immediately.
Chief PP begins to argue to reject the interim protection. Points out how his lawyers ask him not to co-operate.
Court clarifies that all arguments on merits will be heard only on next date of hearing.
Court clarifies that all arguments on merits will be heard only on next date of hearing.
Chandrachud points out that there is something objectionable in the Arnesh Kumar judgment which the Court ought to consider.
Read judgment here: indiankanoon.org/doc/2982624/
Read judgment here: indiankanoon.org/doc/2982624/
Chief PP says Thakkar recorded statement but then he did not sign. He has not deposited his mobile even after directions.
Court: No we did not direct, we asked Chandrachud to take instructions.
Chief PP asks the Court to direct him to submit the phone.
Court: No we did not direct, we asked Chandrachud to take instructions.
Chief PP asks the Court to direct him to submit the phone.
Chandrachud asks for the court to pass directions, which Thakkar will follow.
He however requested that the handset not be kept for an inordinately long time as this is not some financial investigation, these are only messages.
He however requested that the handset not be kept for an inordinately long time as this is not some financial investigation, these are only messages.
Court asked if the Chief PP wants the sim-card as well, Chief PP declines.
Chief PP points out that the earlier order which required Thakkar to appear before a different police station is incomplete.
The court directs Thakkar to appear in that police station on Friday, 3-5 pm.
Chief PP points out that the earlier order which required Thakkar to appear before a different police station is incomplete.
The court directs Thakkar to appear in that police station on Friday, 3-5 pm.
Chandrachud asks the Chief PP to give a list of FIRs against Thakkar so that he can take appropriate steps against those FIRs.
Chief PP: If he continues committing crimes, then FIRs are bound to happen.
Chandrachud: Not from today, I meant, until today if there is anything.
Chief PP: If he continues committing crimes, then FIRs are bound to happen.
Chandrachud: Not from today, I meant, until today if there is anything.
Chief PP informs that a notice will be intimated 24 hours before.
Court records all statements, adjourns the matter to October 23 for hearing on merits.
Court records all statements, adjourns the matter to October 23 for hearing on merits.
Hearing concluded.
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