Thread by @barandbench

#BombayHighCourt will continue hearing the bail application filed former BARC CEO Partho Dasgupta presently in judicial custody in the #TRPSCAM case of @MumbaiPolice.

@parthodasgupta

Sr Adv Abad Ponda had concluded his arguments in the hearing before Justice PD Naik yesterday.

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Special Public Prosecutor Shishir Hiray for the State had commenced his arguments yesterday and will continue with his submissions today.

Hearing begins.

Hiray begins his arguments.

Hiray refers to the statement of Sr Adv Kapil Sibal which was made before the Bench presided over by Justices SS Shinde was made despite there being no intention or need to protect someone.

Hiray: we followed what fell from the court. And there was medical emergency.

Hiray: We have also received the permission from the Court to investigate him while he is judicial custody.

We have taken all measures to investigate the case even when he was in judicial custody.

Hiray: We have also given him questionnaire but he (Dasgupta) is not answering even the simplest of the questions.

Hiray: There are voluminous chats which have to be investigated.

And the network channel head and Dasgupta were such thick friends. At one point Goswami even said that Dasgupta was his alterego.

Hiray (reading the recovery panchnama): We cannot exclude the details in the panchnama and how it lead to this dragon.

Sr Adv Ponda opposes: History cannot be looked into here. It is inadmissible.

Hiray (referring to another panchnama of december 2020): there is mention of lots of money in the panchnama which need not have been transferred by Goswami unless there was some form of gratification.

Hiray (referring to chats submits): Shows the kind of relation between these two. I may not be able to utter the words before the Court but that is their relation.

These are communications and images from Partho’s phone.

Hiray: When there are ‘n’ number of chats between these two members. They have also discussed issues about national security. That is only being pointed out to show the thick relations between the two.

Hiray: These are influential people, they can tamper with evidence and that need not be mentioned here but I am pointing out he is one who is the kingpin and the one who holds considerable power. It is visible from their chats.

Hiray: I am submitting that the order of the lower court need not be changed.

Hiray: I am relying upon the judgment of this court in Rana Kapoor matter.

Hiray concludes his submissions by reiterating that the bail application ought to be opposed.

He submits a status report in sealed cover which was submitted before the Division Bench of this Court.

Ponda opposes submitting documents in sealed cover citing a Supreme Court judgment in Chidambaram case.

Justice Naik: Judges can read from those documents but cannot express their views on it.

Ponda: Milords I will reserve all my submissions for after 4.30 pm today.

Court will continue hearing the application at 4.30 pm today.

Court begins hearing the bail plea.

Sr Adv Abad Ponda begins rejoinder to Hiray’s submissions.

Ponda: In company law, the MD and the CEO are completely different. It was an incorrect concept of my learned friend.

Ponda submits a judgment.

Ponda: It is completely different to say that MD, CEO and CFO are the same. It is an incorrect proposition when you want to impose liability.

Ponda: My learned friend said that Dasgupta was liable this and that and hence I have brought this judgement.

Ponda: Vicarious liability of director arises when the statute states so.

Ponda: Firstly I am not the MD and then to make me liable for the managing. Nobody talks of Hansa.

The people were paid rs.200 and not crores as he claims.

Ponda: Not a single advertiser of the 32 crores he has claimed has come and said that they have over paid the channels.

Ponda: The Rana Kapoor judgment dealt with public money of a bank admittedly but this is the advertisers here.

Ponda: The statements before the Division Bench was extended by Mr Sibal.

Ponda: As far as 25 January you (state) have stated in your affidavit that Goswami with whom I am allegedly chatting is not even an accused in the FIR as per your affidavit.

Ponda: The Mumbai Police is making this a scam of 32000 crores by comparing it to Rana Kapoor which is actually a bank scam.

Ponda: Additionally you are investigating only about 6% of the entire scam because you are making a statement in your affidavit that only 6% of entire barometers are installed in Mumbai which they are investigating.

Ponda: There is a charge of cheating and none of whom have been cheated have come forward.

Ponda: They have made this out to be a huge sensational scam. And they have made huge crores of rupees.

Ponda: They have taken photos of my wife during wedding, and then the jewellery and they are claiming Arnab has given us money and I do not even want to say what not

Ponda: Arnab was not even conceived in my mind when I was married!

Ponda: My learned friend made Your Lordships read then guidelines and the conduct and how it is all important and the Ministry. This is the only department which has guidelines but what happens when there is a breach in guidelines?

Ponda: The consequence for breaching are forfeiture of bank guarantees and cancellation. And then there is fine of 25 to 75 lakhs.

Ponda: I have an answer to all your questions, but I do not want to burden Your Lordships with these details at this stage. This is a bail hearing and I just want to rely on basics.

Ponda: Please see the Acquisitory Report of BARC.

Partho being the CEO could have been aware of the report.

Ponda: Please also see Pekham Basu’s statement, market analyser in BARC.

Everything in that statement is against Romil Ramgarhia except one statement.

Ponda (reads another report on oversight committee): four tiems the data of Aadhar is stored with BARC. But all of this is not important now.

Ponda: The tampering of witnesses arguments needs to be tested.

Ponda refers to a judgment in Sakharam case of Bombay High Court by Justice Khanwilkar.

He cites another judgment of Division Bench of this Court.

Ponda: Yesterday and today an attempt was made to show that they had made attempts to meet him but we met him in the break with permission.

Ponda: why did you file the report when the investigation was not complete?

Look at the kind of questioning.

After filing of chargesheet he was asked if he was medically fine for 5 mins.

Ponda: Then after 11 February, he was interrogated for 10 mins after he was shown the WhatsApp chats and asked these were the chats?

Ponda: There are tonnes and tonnes of chats and I don’t want to show chats in piece meals. So Milords may see the chargesheet.

Ponda: This is not the hearing for deciding his innocence in any case.

Ponda concludes his submissions.

Hiray submits that the Dasgupta was shown as the Managing Director.

Hiray: I am not asking the court to decide the vicarious liability point here. You cannot say that because he is not the MD he is exempted.

Justice Naik asks how many witnesses are there in the case.

Hiray submits there are more than 90 witnesses.

Ponda submits that there are more than that.

After hearing all submissions, the Court has reserved the matter for orders.

[TRP Scam] "He is not answering even the simplest of questions", State opposes Partho Dasgupta's bail plea in Bombay High Court: Read more a LIVE account of the hearing today

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[TRP Scam] Arnab Goswami and Partho Dasgupta were thick friends: Maharashtra government to Bombay High Court;

Verdict reserved.

FULL REPORT by @Neha_Jozie

#TRPSCAM #ArnabGoswami

@republic

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