Bombay High Court is hearing the bail applications of the DHFL promoters, Kapil Wadhawan and his brother Dheeraj, accused in the Yes Bank laundering case.

(Kapil Wadhawan v. Central Bureau of Investigation & Ors., Dheeraj Wadhawan v. Central Bureau of Investigation & Ors.)
Matter is being heard by Justice SV Kotwal.

Senior Advocates Amit Desai and Abhishek Man Singhvi appear for the Wadhawan brothers.

ASG Anil Singh appears for the CBI.
Desai has commenced arguments. He is taking the court through the basic facts in the matters.
Referring to pleadings submitted.

Desai: The averments in the complaint must make out an offence. Ultimately the court will apply its mind. This is under Section 167(2) of CrPC.
Desai: Section 190 stage is where you apply mind for cognizance. Stage of Section 167 where you take cognizance for investigation.

Desai: Not a single averment on introspect or dominion.
Desai shows the orders of the special magistrate court.
Desai points out that completion of investigation is the only requirement for Section 167(2) for releasing an accused.

Court seeks more clarification on this point because it is a substantial right wherever it is possible.
The Court asks Desai to read Section 167 and Section 173 to assist the court in interpretation.
Desai: When we deal with the question of legisative history, in order to deny the accused of statutory bail, all kinds of subterfuges are used. Hence the magistrate court who has power to look into the evidence and investigation, should be given the complete investigation.
Deai: If the investigation is incomplete, the accused may be convicted, but the accused cannot be denied of his right to bail because of that reason.

Desai: The judge has to make a note that the investigation is complete.

Desai: Then there is cognizance.
Desai: Begins with the judgement of Narendra Ameen. of Supreme Court.

Asks the Court to note the dates in the judgement.

Read judgment here:
Desai: Filing of report under Section 173 meant filing of report not completion of investigation.

Desai: This judgment has no relevance, I am merely distinguishing.

Desai says that this judgment relied by CBI had no application in the present case.
Desai: Section 167 cannot rely upon just the opinion of the investigating officer, the Court has to look into the evidence and apply its mind.

The magistrate is not a post office, it needs to have all material, hence the material matters.
Desai: The Report under 173(2) is complete only when it is in line with Section 173(5)

Desai relies on Veeraswamy judgemnt (Read here: only for paragrapgh 76.

Desai proceeds to Musadi judgment (Read here:
Desai: My submissions are 167 requires submission of all material after a complete investigatin.

Desai: That it must be noted by the judge, that everythign under Section 173 (2) and 173 (5) has to be noted by the judge.
Desai: in the present case the report was not tendered. There is no order sheet of 25 June.
Court will resume hearing at 3 pm.
Hearing resumes.

Desai had submitted that the chargesheet to be submitted under the Section 167(2), the Magistrate has to take cognizance of that .

Court asked CBI to clarify on that point.
Desai reads out several judgments of the Supreme Court and Bombay HC to substantiate his arguments pertaining to Section 167(2).

Court asks Desai to limit the judgments to one or two for each point of law.
Desai: Becuase there was no 409, they came to court on the 60th day just to refuse my right to bail with an incomplete chargesheet.
Advocate Venegaokar appearing for CBI points out that the report of what transpired on 25th June 2020 will have to be produced before Kotwal, if Desai wants to dispute what happened that day.

Court grants leave to CBI to file an affdavit to put on record.
Desai submits another judgment..

Court: if not for me, atleast for Mr. Singhvi who is patiently sitting since morning finish your arguments sooner Mr. Desai.

Singhvi: Milords, the advantage of virtual is, while being visible to the court, we can be gainfully employed.
Singhvi: I would prefer arguing freshly from Thursday.

Court: The advantage for starting today is Mr. Desai will stop.

All laugh.
Desai begins to submire more judgments, the Courts points out that there are more than 16 judgments now.
Desai concludes his arguments by stating that the grounds for invoking default bail are made out in the matter, and hence default bail ought to be granted.
Court asks Singhvi to continue, however Singhvi points out that he is to appear in another matter before the Delhi High Court which is reaching for hearing.

Court adjourns matter to Thursday.

• • •

Missing some Tweet in this thread? You can try to force a refresh

Keep Current with Bar & Bench

Bar & Bench Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!


Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @barandbench

22 Oct
Delhi High Court will shortly begin hearing plea by Mohit Saraf, Senior Partner, L&L Partners against the firm's Founder Partner, Rajiv Luthra.

Matter is before Justice V Kameswar Rao.

#MohitSaraf #RajivLuthra Image
Saraf's primary grievance is that he could not be summarily thrown out of L&L Partners using strong-arm tactics.

#MohitSaraf #RajivLuthra

Read more:…
Last week, the High Court had sent the two senior-most partners to mediation before Senior Advocate Sriram Panchu.

Read more:…
Read 13 tweets
22 Oct
Bombay High Court to continue hearing the bail applications of the DHFL promoters, Kapil Wadhawan and his brother Dheeraj, accused in the Yes Bank laundering case.

Justice SV Kotwal will begin hearing the applications shortly. Image
Sr. Adv. Amit Desai began his submissionson behalf of Kapil Wadhawan in the previous hearing.

Read here:
Hearing resumes.

Court: I was privy to your conversation before I joined in. I am glad there was no discussion on the 'judge'

Desai: We were not aware milord.

Sr. Adv. Dr. Abhishek Manu Singhvi: We did not know the judge is allowed to eavesdrop from the lobby like that
Read 41 tweets
22 Oct
[TRP SCAM] Bombay HC bench of Justices Nitin Jamdar and Milind Jadhav to hear a plea by TV Today Network against BARC challenging their decision to terminate TRP rating of the TV Today group.

@aajtak @IndiaToday #BombayHighCourt @BARCIndia
TV Today group had received an order that since there was a surge in TRP suddenly, ratings for their channel will be terminated

Hearing begins

Adv Ashish S Kamat for BARC: The order is of July 31 and served in August. Issues of maintainability arise. There are similar pleas that have been slotted for Nov 6. We need some more time

Dr Veerendra Tulzapurkar: they should not take any coercive action
Read 6 tweets
22 Oct
Karnataka HC begins hearing a plea moved by PG Doctors against judgment upholding one year urban service rule.

Justices BV Nagarathna and Sanjay Gowda is hearing the plea.

Advocate Akkamahadevi Hiremath is appearing for the Petitioners in the appeal plea.

Hiremath contends that the Government has issued a notification which was made one year urban service rule compulsory for all students including Management as well as NRI students, who have studied in Private colleges. They have not availed any benefit from Govt, Hiremath.
Read 25 tweets
21 Oct
Delhi High Court to shortly begin hearing appeals preferred by CBI and Enforcement Directorate against the acquittal of all accused in 2G Spectrum case.

The appeals are at the stage of leave to appeal.

#ARaja #2G #2GAppeal

@dir_ed Image
Appeals are before Justice Brijesh Sethi.

#2GAppeal #2G
Hearing begins.
Read 19 tweets
21 Oct
The Kerala High Court will be hearing a petition filed by students of the National University of Advanced Legal Studies, Kochi (NUALS, Kochi) against the collection of fees for services not being availed by them during the pandemic. Image
During the last hearing, the students' counsel Advocate Santhosh Mathew clarified that the students were willing to pay for tuition and were seeking a fee waiver for facilities are not being availed by the students, such as the library, electricity, gym, moot court etc.
The Court directed the University to decide the students' request as expeditiously as possible, and not take any coercive action against students in the meantime.…
Read 42 tweets

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!