Justice Sanjay Kishan Kaul led bench of the #SupremeCourt to hear appeals by Maharashtra govt and former Home Minister Anil Deshmukh against the Bombay HC order allowing CBI probe into allegations made by Param Bir Singh against @AnilDeshmukhNCP
Senior Adv Dr Abhishek Manu Singhvi: I appear for Maharastra. Note three striking things. On March 21 one Jayshree Patil complains within 48 hrs she files a writ on March 23 is not on board. No listing. Param Birs writ was listed on March 23

Singhvi: On Marcv 31, matter was heard only on maintainability. The AG of Maharashtra argues on the same and division bench records that hearing was on maintainability, admission and interim order.
Singhvi: Without giving any chance to the state to present their side, we atleast deserve to put across our points on merits. From 18 to 25 all are maintainability arguments by AG. Then the order says parties were heard in support of their prayers for admission of writ
Singhvi: as well as for interim relief and maintainability of writ by AG.
Singhvi: 4th writ which is not on record by Jayshri Patil was heard and an order is passed.

Singhvi: Issue of maintainability is not decided. Lordships should have atleast allowed us to file a counter as the state had much to say. There is a 156(3) procedure where it has been held by this court that if one has a grievance they have to go under this section.
Singhvi: Everytime one has to go to this section one has to go through CBI prayer
Justice Kaul: all these problems are arising because of the fall out that has happened. Allegations are extremely serious and it becomes curious and curious. In this scenario is it not a CBI probe case??
Justice Kaul: The two persons involved in this case were working together unless they fell apart. Now an independent investigating agency needs to probe it. Is he not a home Minister?

Singhvi: he resigned immediately
Justice Kaul: Then does that make the order improper. Sometimes it's too elaborate an order on what's what's be done.
Singhvi: State has withdrawn general consent long ago. As far as CBI is concerned Section 6 DSPE says CBI cannot go into one state without their consent. Only exception is when HC or SC orders.
Singhvi: But here it's only says preliminary enquiry. Here you order preliminary enquiry and not investigation.
Singhvi: CBI reference becomes a ground to circumvent Section 156 also.

Singhvi: was I hear on why CBI should not enter the case?

Justice Kaul: Mr Singhvi I have noted a counter affidavit should have been called for. But you were there very much in the hearing
Justice Kaul: episode is occurred when he was the home Minister and one was the police Commissioner. Your energy did not make these allegations. One can say He (param bir singh) who was your right hand made these allegations ?
Justice Gupta: He did not resign when Commission of enquiry was ordered. He ordered after the HC order. He was clinging to his office.
Justice Gupta: FIR is to be lodged as soon as you recieve the information. You did not. You sat over it. You have to atleast conduct preliminary enquiry...

Singhvi: This is a larger issue.
Justice Kaul: Looking at the personas involved and the seriousness of allegations, an independent enquiry is called for. You can't say it affects the federal structure. This does not happen everyday. Both have been heads of institution where something has gone wrong.
Senior Adv Kapil Sibal for @AnilDeshmukhNCP : I was the home Minister and targeted
Should I be heard before an order is passed

Justice Hemant Gupta: should a suspect be heard before preliminary enquiry

Sibal: this is not a res Integra anymore
Senior Adv Sibal: it's a complete mockery of justice. Diary entries were seized which named certain people in common cause case. Pursuant to that plea was filed for probe and this Court had dismissed the same.

Senior Adv Kapil Sibal: if I make an allegation against a minister not supported by evidence can a CBI probe be ordered. There is no value in law.

Justice Kaul: He wrote a letter..

@KapilSibal : That has no evidentiary value. It's like giving a press conference
Sibal: CBI enquiry ordered without hearing me.

Justice Kaul: you must have trusted each other. One is a home Minister and one is a police Commissioner. We have held different caps so I don't have to tell you..

Sibal: I don't know when trust came and trust went
Sibal: After certain explosives was found near an industrialists house, he was shifted from his position on March 17

Justice Kaul: is it for preliminary enquiry?

Sibal: Yes

Justice Kaul: how can enquiry be held without hearing me.
Sibal: will it be safe to even start an investigation?

Justice Kaul: Its not a case of political of business rivalry. This is the case of a senior most minister and senior most police officer. If it was a diary entry then okay but it's heard from others.
Sibal: let probe be from hc or Supreme Court

Justice Kaul: You cannot pick and choose the investigating agency

Sibal: it was a hearsay and not even a direct evidence.

Senior Adv Sibal: Is this statement Param Bir based in hearsay and heard from three people. Have you asked for my explanation. I was not even put to notice. Why should I give version to a prosecuting agency.

Senior Adv Sibal reads the Lalita Kumari judgment.

Justice Kaul: where is Mr Sibal?

System stops

Senior Adv Harish Salve: Even the system crashed hearing these arguments

Senior Adv Harish Salve: just to save time. There is a direct judgment that accused has no right to be heard.

Senior Adv Kapil Sibal resumes: Today morning another statement had been made that another minister has taken 50 crores. But all these have no evidentiary value or supporting documents. All of this is hearsay and is made a base of CBI probe.
Sibal: he should be made a party so that he was heard. You had ruled earlier that since a party was not made a part of the proceedings and thus the order was set aside.
Sibal: what is the status of such an order ? I was made a party for what purpose? To take my version on record?

Justice Kaul: it is only a matter of Investigation

Sibal: It's only such a case when there is some prosecutable evidence. That is what this court has held..
Sibal: Problem with outside agency is that I should not be vilified unheard. Had my version come on record this situation would not have arisen.

Justice Gupta: My query was can a suspect be heard

Sibal: Its a preliminary enquiry. I am not an accused or suspect.

Sibal: there are no material or facts. These are hearsay statement..Sachin Waze tells another person and then that person tells Bhujbal and Bhujbal tells the police Commissioner and then police Commissioner makes this statement
Justice Hemant Gupta: Read the para 22 of the judgment you are referring to. That's what.. high officials of state is involved and thus enquiry was ordered.

Sibal: will you law down a law that if high officials are involved then CBI enquiry can be ordered.I don't think you will
Sibal: Setting criminal law in motion is fraught with serious consequences. Accused gets a right of hearing after chargesheet is filed. No judicial order can ever be passed without hearing the person involved.
Sibal: Please see the allegations levelled by Jayshree Patil.
Sibal: Jayshree Patil has pasted entire statement by Param Bir and has filed a writ. Is this the manner on whose basis CBI enquiry can be ordered
Sibal: It will be a sad day in this country if you uphold an order like this. Such an order cannot be passed behind my back
BREAKING: Justice Kaul dictates order: nature of allegations and personas involved needs an enquiry by independent agency. It is a matter of public confidence. We are not inclined to entertain this. Dismissed.

[BREAKING] Nature of allegations needs inquiry by independent agency, Supreme Court dismisses Anil Deshmukh, Maharashtra challenge to CBI probe

#AnilDesmukh #ParamBirSingh #MaharashtraGovernment #CBI #SupremeCourt

Report by @DebayonRoy bit.ly/3sZBNwc

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