Thread by @barandbench

Bench led by Chief Justice Dipankar Datta from #BombayHighCourt to hear the plea filed by former #MumbaiPolice commissioner #ParamBirSingh seeking CBI probe into the allegations made by him against the State Home Minister #AnilDeshmukh today.

Read the details of the plea here: barandbench.com/news/litigatio…

Bench assembles, hearing to begin shortly.

#ParamBirSingh #AnilDeshmukh #NIA #BombayHighCourt

Hearing begins.

Advocate General Ashutosh Kumbhakoni appearing for the State.

Senior Advocate Vikram Nankani appearing for Singh.

ASG Anil Singh appearing for CBI.

#ParamBirSingh #AnilDeshmukh #NIA #BombayHighCourt

AG: Preliminary submission is State is eager and anxious to clear the cloud of suspicion. The allegations made in media, we are eager to clear that.

#ParamBirSingh #AnilDeshmukh #NIA #BombayHighCourt

AG: The PIL which is filed by Singh is certainly not maintainable. I will show judgments. We will deal with the law.

#ParamBirSingh #AnilDeshmukh #NIA #BombayHighCourt

AG: SC says that such petitions cannot be considered by the Court.

CJ: Let them state what are the facts first...

#ParamBirSingh #AnilDeshmukh #NIA #BombayHighCourt

Nankani states that one of the trigger points is the point of transfers of officers. There is a complaint sent to the CM and then there is the fact that seniors are privy to a lot of this.

#ParamBirSingh #AnilDeshmukh #NIA #BombayHighCourt

Nankani: It has been 11 days since the complaint.
This really brings out the problems of the police forces who perform dual functions.

#ParamBirSingh #AnilDeshmukh #NIA #BombayHighCourt

CJ: Why are there so many lawyers in the court? There are concerns raised by the associations. Do you have no concern for your families or fellow lawyers?

#ParamBirSingh #AnilDeshmukh #NIA #BombayHighCourt

Nankani reads out the letter written to the CM.

Contents here: barandbench.com/news/param-bir…

Nankani points out that in this order of the day the police has to work under political masters.

#bombayhighcourt #parambirsingh #AnilDeshmukh #CBI

Nankani: the first episode tells us about the pressure under which police officers work. It shows the entire police force is demoralised.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani: the interference of the politicians in police force.. this is corroborated by the messages.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani continues to read about the incident of MP Mohan Delkar of Dadra Nagar Haveli.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani: in our submission I do not want to say that this is a case of whistleblower. These are hard facts that coming from a person who occupied the highest position in the city that this is something that should be looked into then this canbe looked into under article 226.

Nankani: and then an independent agency can be appointed. And this complaint need to be looked into as it involves high personalities and comes from a senior IPS officer.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ: come to prayer clause (a), where is your FIR? How can there be an investigation without an FIR?

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ: We are just expressing our mind, our prima facie observation is without an FIR, no investigation can be conducted. And can such a prayer be maintainable in PIL.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani points out the Rashmi Shukla report.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ: Our first question is can a PIL be maintainable against a service matter?

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ: This plea mostly pertains to his transfer. If you file a writ we can consider that. But this PIL cannot be maintainable on that aspect. We can dismiss on that ground only.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani: I assure you this PIL has got nothing to do with the transfer order.

Nankani proceeds to read portions of the plea which pertain to the report by police officer Rashmi Shukla.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani reads a letter of Commissioner of State Intelligence to the DGP Maharashtra.

Nankani: this is where law step in. When political functionaries and department of state is involved then the investigation has to go beyond the State and the State has withdrawn its consent.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani: The courts have said we are not helpless. We have Art 32 and Art 226. If you investigate your own case then there is soft peddling in your investigation.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani: Courts have come to the conclusion that investigation has to be handed over to an independent agency like CBI.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani: interestingly the Home Minister himself invited the investigation. And how it will construed by the State government the AG will address. However it falls short of the legal requirement.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani reads out a judgment. After reading the judgment.

CJ: the very crux of the matter is there was an FIR which was being investigated by the State government. And then it was transferred to an independent agency.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ: are you saying that we can direct investigation when there is no consent by the state under Art 226? And the judgement you showed had an FIR. Where is the FIR here?

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ: Show us a judgement where there is no FIR and the investigation was transferred to CBI.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ: the first step in the wheel of justice is investigation. If there is no FIR there is no investigation.

Nankani: I am not going to pitch it so high that this plea be converted into an FIR.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani shows a judgment Vishwanath Chaturvedi v. union of India.

Read here: indiankanoon.org/doc/366255/

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ: Where is the ratio of this judgement.. this is a petition under Art 32..

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ: show us from the petition that the home minister said this in your presence. Is there an affidavit by them? Anyone can say I have heard this..

Nankani: These are officers who report to me, these are not some passerby...

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ: Have they filed an affidavit stating that I was the officer and this happened.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani points out to the contents of the letter and how the allegations were pointed out to the different ministers.

Nankani: It takes a lot of courage to put it into a letter. If the perpetrators of the crime are not punished then I have no where to go.

#ParamBirSingh

CJ: We have judgments of Bhajan Lal and Lalit kumari. Show us judgments which say that the judgments of Bhajan Lal are wrong law.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani: If there is a complaint which is a genuine complaint, then the court can hand it over to the investigation agency. Like in the case of Vishwanath, a representation was made to Governor.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ: If you say Vishwanath is the final law, then we will hold our reasons stating why that is not applicable.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani: Milords may keep it tomorrow or 2.30 I will get more case laws.

CJ: No, we have granted such early circulation.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

AG intervenes and states he has a direct judgment to the contrary and hearing need not be adjourned.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

AG first reads out from the petition.

AG: he is vitally personally interested in both the prayers... He had filed a civil personal petition in SC. While here he has filed a criminal PIL... In the body of the petition he has placed personal grievances and is playing victim card.

AG: before SC it was his personal prayers. And when the SC asked him to approach the HC, he withdrew that petition but did not file it.

#BombayHighCourt #CBI #AnilDeshmukh #ParamBirSingh

AG: and then he filed it after 3 days here and then circulated for the very next day.

#BombayHighCourt #CBI #AnilDeshmukh #ParamBirSingh

AG: this plea was filed pursuant to liberty granted by the SC.

#BombayHighCourt #CBI #AnilDeshmukh #ParamBirSingh

CJ: but if we are not satisfied that is not a PIL then he can approach the Court under a writ.. but let us go to the fundamental issue..

#BombayHighCourt #CBI #AnilDeshmukh #ParamBirSingh

AG: just want to point out one thing. He says he has no personal interest, this is blatantly false!

#BombayHighCourt #CBI #AnilDeshmukh #ParamBirSingh

CJ: Ok now address us on the law.

AG: Ok I will show the direct judgment.

#BombayHighCourt #CBI #AnilDeshmukh #ParamBirSingh

AG shows a Supreme Court judgment.

#BombayHighCourt #CBI #AnilDeshmukh #ParamBirSingh

AG: There is another judgement which says that in service matters you cannot file PIL. Based on media and news reports.. he said to him, he said to someone...

#BombayHighCourt #CBI #AnilDeshmukh #ParamBirSingh

AG: this case is a textbook case where public interest is camouflaged in personal grievances.

#BombayHighCourt #CBI #AnilDeshmukh #ParamBirSingh

AG reads out requirements while filing a PIL.

AG: nothing is there in this plea, hands are dirty, mind is dirty.

#BombayHighCourt #CBI #AnilDeshmukh #ParamBirSingh

AG: How did the petitioner get the CID report in press conference (of Rashmi Shukla)? A top secret?

CJ: no that was disclosed in a press conference. You should know that.

#BombayHighCourt #CBI #AnilDeshmukh #ParamBirSingh

AG: he reproduced extracts.

CJ: He was officer for entire Bombay, it is not unnatural for him to have a copy...

#BombayHighCourt #CBI #AnilDeshmukh #ParamBirSingh

Referring to the letter, AG: He says in the letter that the statements of the Home Minister are false.

Reads from the letter.

#BombayHighCourt #CBI #AnilDeshmukh #ParamBirSingh

AG: He says his relation with the Home Minister was strained and the Minister was unhappy with me.
This shows the animosity between the two.

#BombayHighCourt #CBI #AnilDeshmukh #ParamBirSingh

AG: this recovery racket or whatever they call it is all hearsay. He says someone said to him, etc. He does not say I am saying this and if what I saying is false the hang me!

#BombayHighCourt #CBI #AnilDeshmukh #ParamBirSingh

AG: there should be exemplary costs for wasting 2 hours of judicial time.

#BombayHighCourt #CBI #AnilDeshmukh #ParamBirSingh

CJ: Mr Nankani, the petitioner is no lay person, he is a senior police officer. If he has no faith in the police.. he knows the registration of complaint is not just recording of facts by the police..

#BombayHighCourt #CBI #AnilDeshmukh #ParamBirSingh

CJ: He has to atleast show that there is an FIR filed and probe needs to be carried out.

#BombayHighCourt #CBI #AnilDeshmukh #ParamBirSingh

CJ: What is troubling us without an FIR how can you ask for our intervention? Without an FIR seeking this prayer seems to be harsh.

#BombayHighCourt #CBI #AnilDeshmukh #ParamBirSingh

Nankani: there are times when the courts receive a letter and then that letter is taken up as a petition and courts have ordered probes...

#ParamBirSingh #AnilDeshmukh #CBI

CJ: then you should have also sent a letter to the court

Nankani: the court's intervention is required depends on the person against whom an investigation is being sought after...

#ParamBirSingh #AnilDeshmukh #CBI

CJ: You remained silent when you found out that your boss was indulging in a crime. You failed your duty as a police officer if you did not register FIR.

#ParamBirSingh #AnilDeshmukh #CBI

Nankani: Did not fail in my both my doors were shut. On the one hand there were allegations against the Home Minister and on the other hand the consent for Special Police Force was withdrawn.

#ParamBirSingh #AnilDeshmukh #CBI

Nankani: there were two things that could have been done. One to go to CBI, but consent withdrawn.

There is a case of Sanjeev kumar where CBI inquiry was initiated without an FIR.

#ParamBirSingh #AnilDeshmukh #CBI

Read judgment here: google.co.in/amp/s/www.case…

Nankani: They have yesterday ordered a one judge commission... So they themselves think that there is a need for an enquiry... And all I saying is that it is not adequate...

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ points out a paragraph which states that there were FIRs and Inquiries pending in the case already.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani: There is no judgment or authority which even the otherside has not shown where it is said that absolutely that a petition cannot be filed seeking investigation without FIR.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ: The appropriate course of action should have been to file a complaint and then if there is no action then you approach the Court.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani states that his letter to the CM can be considered as complaint by the CBI.

CJ: but why should we direct that?

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ: if you cannot lodge an FIR, then approach the magistrate under Sec 156 of the CrPC. Then FIR can be filed.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani: But that will lead to lodging of FIR with police not the CBI. I want to avoid the chakravyuh.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ: You being a senior officer cannot escape the chakravyuh. Are you saying that you are above the law and the law is only applicable to the lay citizens?

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani reads out a judgment in the case State of Punjab v. CBI.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ: we are not saying for a moment that the investigation should be with state police.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

The bench breaks for lunch. Hearing to resume post lunch at 2.30 pm.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Hearing begins.

Nankani: Once milords appreciate that under the facts of the case, the courts can order inquiry . This is the only door open to me.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani: The government has taken action against the complaint so the seriousness of the offence must be there.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ: so what is this committee formed? Is it under the commission of inquiry?

AG: it is not under commission of inquiry, not under statutory provision

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani: this just proves that there are attempts made to sweep things under the carpet.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ asks Nankani to substantiate his arguments from the judgment of State of West Bengal.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ asks Nankani to show more judgments.

Adv Subhash Jha appearing for Ghanshyam Upadhyay offers to submit those case laws.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Jha: Can the constable register the FIR against the commissioner or home minister?
The constitutional courts deal with questions day in and day out, and we might not have direct judgments.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Jha: We are faced with an unprecedented situation where you cannot just believe that only the Home Minister is involved. I am sure there are others involved.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Jha: The court should have taken suo motu cognizance in this case. The magnitude in the case. This is loot and dacoity.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Jha: We have said that there has to be an entire overhaul of the force. This is not new, this has come to light because of this Commissioner.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Court asks for submission on the Laita Kumari judgment.

Nankani: I am not seeking direct conversion of my letter into a complaint for CBI. I am seeking an inquiry not an investigation.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ: Are you saying that you don’t trust the state police? The go before the magistrate..

Nankani: that will not ensure a CBI investigation.

CJ: why should he? Magistrate
can investigate himself.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ: there are two things. Investigation by a an executive action.
Inquiry by the court.
But there has to be a complaint.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani reads from the Lalit Kumari judgment.

CJ: so this shows that even if the Home Minister is involved or chief Minister is involved that does not mean you throw the provisions under the bus.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ: You say that the Home Minister is involved, but God forbids if the Prime Minister is involved, then who will investigate? Some superpower will come from outside? Who is CBI under?

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani: Then the Court can monitor the investigation supervise.

CJ: The investigation has to be done by the agency..

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

CJ: Why is it that no FIR has been lodged? No citizen in entire city has come forward with a complaint.

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

Nankani: There is apprehension to get justice. It is a long way to get justice, there is FIR, there is chargesheet..

#ParamBirSingh #AnilDeshmukh #CBI #BombayHighCourt

AG points out that there is indeed a complaint filed. And the complainant has also approached the Court through writ petition. He refers to Dr Jaishri Patil’s plea.

barandbench.com/news/litigatio…

CJ (to Patil): So you filed a complaint and then was it registered?

Patil says no. Court asks why.

#BombayHighCourt #ParamBirSingh #AnilDeshmukh #CBI

AG: There is the modified Lalita Kumari judgment where the time period of 15 days is expanded to 6 weeks.

#BombayHighCourt #ParamBirSingh #AnilDeshmukh #CBI

CJ: so what is the preliminary enquiry conducted so far?

AG: I have no instructions on that..

#BombayHighCourt #ParamBirSingh #AnilDeshmukh #CBI

CJ: While we continue hearing we request you to call for the station diary here from the police station where the complaint is registered.

#BombayHighCourt #ParamBirSingh #AnilDeshmukh #CBI

CJ: What is wrong if FIR is filed? When a particular person goes to the police station did you visualise in the last century how many such cases came to HC? It is because of this police inaction that such cases come to court. You should be ashamed of yourself.

#BombayHighCourt

CJ: atleast one citizen has guts to file FIR. No one else had.

#BombayHighCourt #ParamBirSingh #AnilDeshmukh #CBI

CJ asks Patil what the prayer in her petition is?

Patil reads her prayers.

#BombayHighCourt #ParamBirSingh #AnilDeshmukh #CBI

Justice Kulkarni asks Jha about sanction.

There can be cases where there is no time to register an FIR then the court in such case would take cognizance.

#ParamBirSingh #AnilDeshmukh
#CBI #BombayHighCourt

Nankani: I am sandwiched between two learned friends. i am only trying to point out from the judgment of Lalita Kumari.

#ParamBirSingh #anildesmukh #CBI #BombayHighCourt

Court asks Patil to make submissions on her petition.

Patil reads the complaint filed.
Court asks if any follow up was taken.

Patil: I tried to tell them to record my statement after 4-5 days. But they refused, there is total inaction.

#ParamBirSingh #AnilDeshmukh #CBI

Court: what is you submission now?

Patil points out from the petition.

#ParamBirSingh #AnilDeshmukh #CBI

Justice Kulkarni: Yes we have read the petition, you wait for the response (case diary)

#ParamBirSingh #AnilDeshmukh #CBI

Patil: I am relying upon in Sarandha, Lallan Thakur and Pv Narsinha Rao judgement.

#ParamBirSingh #AnilDeshmukh #CBI

CJ: The judgment of PV Narsimha Rao para 66 is of your use Mr Nankani.

Nankani: this going round and round for getting sanction from the same people against whom I am complaining.

#ParamBirSingh #AnilDeshmukh #CBI

CJ: if an officer of the rank of commissioner is saying this, then what should an ordinary citizen do?

#ParamBirSingh #AnilDeshmukh #CBI

Nankani reads out from Shukla’s report.

CJ intervenes: How is the PIL maintainable though? You have an axe grind with the minutes. It is not a clear case that you have no ties with the minister..

#ParamBirSingh #AnilDeshmukh #CBI

Nankani: All the allegations that I have made in the letter are all prior to the transfer and not before that. There is no axe to grind.

#ParamBirSingh #AnilDeshmukh #CBI

Nankani: In Rashmi Shukla I have shown that there is reference to Home Minister. That is why I said the immediate trigger point is the complaint.

#ParamBirSingh #AnilDeshmukh #CBI

CJ: Yes we will read it, but where is the station diary? It doesn’t take more than 20 mins from Malabar hill to here...

#ParamBirSingh #AnilDeshmukh #CBI

CJ: we will not rise till the diary reaches here.

#ParamBirSingh #AnilDeshmukh #CBI

Jha in the meantime points out some portions of the Lalita Kumari case.

Nankani reads out from the reply of Anil Deshmukh and which seeks for an enquiry.

#ParamBirSingh #AnilDeshmukh #CBI

Nankani is reading the judgment in the Sharda Scam judgment.

#ParamBirSingh #AnilDeshmukh #CBI

Nankani: Just as in civil cases, justice should be done. If not the entire relief then either part of the relief can moulded and atleast preliminary inquiry can be conducted.

#ParamBirSingh #AnilDeshmukh #CBI

AG: the station police officer had come here. But he did not get the station diary as there is an entry in the inward register but there is no entry in the station diary.

CJ: why not?

#ParamBirSingh #AnilDeshmukh #CBI

AG: I don’t know I haven’t seen the diary.

Nankani: This answers our apprehension.

Jha: before we close for the day, I would request for 5-7 minutes of time to cite judgments.

#ParamBirSingh #AnilDeshmukh #CBI

The bench takes a break for 10 mins. Will resume with the hearing after that.

Hearing resumes.
Jha continues with his submission.

#ParamBirSingh #AnilDeshmukh #CBI

Jha submits the Supreme Court judgment in the case of Noida Enterpreneurs of 2011.

#ParamBirSingh #AnilDeshmukh #CBI

Jha: As far as who should register the offence, there is a landmark decision of the Supreme Court in the case of Zaheera Sheikh of 2006.

#ParamBirSingh #AnilDeshmukh #CBI

Jha: This is all illegal money and these are expensive cars been driven by police officers. People in the police are used to extort or plunder the citizens of Mumbai.

#ParamBirSingh #AnilDeshmukh #CBI

Jha: If the richest man in the country and one of the richest in the world is not safe then what about the common man..

#ParamBirSingh #AnilDeshmukh #CBI

Jha: These senior officers and persons in the powerful positions, they need to be treated at par with common citizens.

#ParamBirSingh #AnilDeshmukh #CBI

Jha: I am seeking for establishing a committee which will have one person from each investigating agency...

#ParamBirSingh #AnilDeshmukh #CBI

Jha concludes his submissions.

Adv Alankar Kirpekar argues for the petitioner Mohan Bhide.

Read petition details in brief here: barandbench.com/news/litigatio…

Kirpekar reads out the Govt. Resolution appointing Retd Justice KU Chandiwal for inquiry into allegations against Deshmukh.

Read details of the GR: barandbench.com/news/law-polic…

Kirpekar: I pray to the Hon’ble Court that this inquiry will take away the doubts in the minds of the citizens in Mumbai.
If the committee finds something against the Home Minister then this Court can intervene.

#BombayHighCourt #parambirsingh

Kirpekar: I am not saying no one is guilty. One of them, Deshmukh or Singh has to be guilty.

#BombayHighCourt #parambirsingh #anildesmukh

ASG: it is ultimately for the court to decide whether to investigate or not. As an agency if we are directed, we will investigate. I am here because I am made a party.

#BombayHighCourt #parambirsingh #anildesmukh

AG: This started after the transfer on March 19, 2021.
Never even an eye brow raised by Singh till he saw transfer order against him.

#BombayHighCourt #parambirsingh #anildesmukh

AG: his letter is full of vagueness, as vague as possible.

#BombayHighCourt #parambirsingh #anildesmukh

AG: The report of Shukla has been enquired into, the file has been closed. It got all the seriousness it deserved. And the new report after fresh inquiry has also been taken. And the new report reiterates the earlier report.

#BombayHighCourt #parambirsingh #anildesmukh

AG: The petition of Upadhyay, is all from media reports. Classic case of Hearsay! We are thankful to Jha for his legal submissions. The SC itself in a reported judgment against the Upadhyay that such petitions based on media reports would not be maintainable.

#ParamBirSingh

CJ: It is not just media reports otherwise how would the judicial committee have been appointed?

#ParamBirSingh #AnilDesmukh #CBI

Adv Nilesh Ojha appearing for Upadhyay objects stating that the statement is misleading.

#ParamBirSingh #AnilDesmukh #CBI

AG: In Upadhyay’s petition why is Home Minister made a party when there is no FIR filed.

Ojha responds that there is a supreme court which says accused need not be made party.

#ParamBirSingh #AnilDesmukh #CBI

AG also points out that his name should be deleted from Patil’s petition as well.

#ParamBirSingh #AnilDesmukh #CBI

AG points out from a judgment what happens when the FIR is not registered as per Lalita Kumari judgment.

#ParamBirSingh #AnilDesmukh #CBI

AG refers to some judgement of the Kerala Law Times.

CJ: why aren’t you placing before us the original judgment from the reporter?

#ParamBirSingh #AnilDesmukh #CBI

AG: I will place..

CJ: When? We are going to reserve the order today on the preliminary objection raised by you.

#ParamBirSingh #AnilDesmukh #CBI

AG concludes his submissions.

Ghanshyam Upadhyay proceeds to submit the SC Judgment on making party to the petition.

CJ: Are you party in person? Why are you wearing robe and band? And why is your counsel not addressing us?

Upadhyay: I am an advocate but I was asked to wear a band and gown in CJI’s court.

CJ: This is my court. You follow the rules set by the justice in that court.

Upadhyay: I am aware milords..

CJ: Do you want us to hear your petition or argue on this aspect?

Upadhyay goes out and removes the band and robe.

Jha continues submissions on his behalf.

Jha concludes his submission.

Nankani rebuts the submissions made by the AG.

#ParamBirSingh #AnilDeshmukh #CBI

Nankani states that as can be seen from my letter Singh spoke to the ministers in mid March. Also the WhatsApp messages were before transfer and after his transfer as well.

#ParamBirSingh #AnilDeshmukh

Nankani: Under the conduct of business rules the sanction issue will go back to the Home Minister.
If the senior IPS is saying that this is a serious offence and an inquiry is required then that should be considered without going into technicalities.

Court reserves order in the plea on maintainability.

#ParamBirSingh #AnilDeshmukh