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Bar & Bench

24 Mar, 15 tweets, 3 min read

@AnilDeshmukhNCP

#SupremeCourt bench of Justices Sanjay Kishan Kaul and R. Subhash Reddy to shortly hear plea by Former Mumbai Police Commissioner Para. Bir Singh seeking CBI probe against "corrupt malpractices" by state Home Minister Anil Deshmukh
@AnilDeshmukhNCP
@CPMumbaiPolice

Plea by Singh also challenges the order passed by the State on March 17 transferring Singh from the post of Commissioner, Mumbai Police as being violative of Article 14 and 21 of the Constitution

barandbench.com/amp/story/news…

Hearing begins.

Senior counsel Mukul Rohatgi appears on behalf of Singh.

Two preliminary questions: Why Article 32 petition, why not 226?

Two, the person against the petition is filed is not even impleaded as party: Justice Sanjay Kishan Kaul.

The plea to add him as party has been filed. Let me answer question on Art 32: Rohatgi

The entire State is rocked. Police reforms have not taken place: Rohatgi.

That is the case with all States- UP, WB, MP. Not just this State: Justice Kaul.

The parties to this case were hunky dory for a long time. Now they have fallen apart and this has come up. I agree it is serious but High Court can deal with it: Justice Kaul

This is a matter of serious public interest for whole nation. A police officer is transferred citing administrative grounds but Home minister himself said on TV that it is not an administrative transfer: Rohatgi

On much lesser issues, this Court has entertained Art 32 petitions: Rohatgi

#ParambirSinghLetter #AnilDeshmukh

The point is simple. He is making some allegations and Minister is also making some allegations. I don't see a point why you should not move HC. If you give list of cases entertained under 32, I can also give cases we have relegated to HC: Justice Kaul

We do acknowledge matter is serious. But Power of Art 226 is wide: Kaul J.

Rohatgi request that a direction be issued to High Court to take up matter tmrw since there are CCTbV evidence etc involved: Rohatgi

We have no doubt matter is quite serious affecting administration at large. In view of it, liberty to approach High Court granted: Court order

The petitioner says they will file petition in High Court today and would like the matter to be heard tomorrow. That request is to be made before High Court: Supreme Court

Matter over

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