#BombayHighCourt is hearing plea filed by IPS officer Rashmi Shukla seeking to quash the FIR registered by the #MumbaiPolice against unknown persons for leaking information pertaining to police postings.
Sr Adv Mahesh Jethmalani appears for Shukla. Sr Adv Darius Khambata appears for State. ASG Anil Singh appears for CBI.
Bench of Justices SS Shinde and Manish Pitale hearing the plea asks for the offences charged against her.
Khambata: These offences are all punishable with upto 3 yrs imprisonment.
Court: So the procedure is to summon her under Section 41A. She is posted to Hyderabad. She may not be able to come here due to the pandemic and all.
Court: Let this be after vacation...
Khambata: I have a suggestion, we can send a team to her residence in Hyderabad, video record the interrogation..
She may co-operate for giving her statement.
Jethmalani: I am ready to co-operate. But let them make a statement of no arrest
Khambata: If I cannot arrest in law, I cannot arrest. There is no question of me making a statement.
I will take instructions.
Khambata (after instructions): They will not arrest her till the next date provided she co-operates with the interrogation.
Court records his statement.
Khambata: We will record the interrogation, there should be no objection to that.
Jethmalani: None whatsoever.. I welcome that..
ASG: CBI has proceeded with investigation in this case too.
This order should not be an impediment to their investigation.
Court records that this order will be confined to this present petition only and nothing else.
Sr Adv Amit Desai appearing for former Home Minister Anil Deshmukh submits that this will be an impediment in his case.
Sr Adv Rafiq Dada appearing for Maharashtra government also raises objection.
Khambata: why is the CBI so interested in this case?
Court asks what is CBI’s role in this?
ASG: I am investigating the corruption matter raised in former Commissioner Param Bir Singh’s plea.
Court: We have clarified this is limited to the present case only.
Court records the order. Hearing ends.
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