Thread by @barandbench

A Delhi Court will today hear businessman Navneet Kalra's anticipatory bail plea in connection with the seizure of oxygen concentrators from Kalra's restaurants, including "Khan Chacha."

#NavneetKalra #COVID19
#OxygenConcentrator

@DelhiPolice

Hearing begins.

Matter has been transferred to crime branch, Judge Sumit Dass told.

#NavneetKalra #COVID19
#OxygenConcentrator

There is no doubt that FIR was registered in Lodhi colony. Milord may note that this application for bail was filed on May 7, 2021. On May 7, the investigation, police station was Lodhi colony. May get this from their own remand report: Adv Vineeth Malhotra

#NavneetKalra

Court asks what is the status of the transfer petition.

#NavneetKalra

Have you go reply of the IO?: Court

Have got, it is as evasive as the FIR: Adv Malhotra

#NavneetKalra
#OxygenConcentrators

Court says that matter can be kept at 12.30 for IO to join. Says issue of jurisdiction first has to be cleared.

Malhotra says that the concerned person is joining shortly.

#NavneetKalra
#OxygenConcentrators

PP Atul Shrivastava asked about the transfer petition, he answers that during earlier hearing, it was opined that matter should go to another court.

For me every court is a court, wherever it will go, will argue: PP

#NavneetKalra
#OxygenConcentrators

You should be very clear on the issue. If you have filed a transfer application...: Court

We had not asked. It was you had kept for this, you can decide: PP

#NavneetKalra
#OxygenConcentrators

Accused persons have already withdrawn bail application pending before learned.. magistrate... : PP

... Mr Shrivastav?: Court

I am hearing, am I audible to you sir? : PP

#NavneetKalra
#OxygenConcentrators

Reader: Please wait for 5 minutes, there is some connection problem

PP: Please request and post this matter around 2:00.

Reader: Please wait, he (Judge) will be joining.

#NavneetKalra
#OxygenConcentrators

I'll take the matter at 2 pm sharp: Court

#NavneetKalra

Hearing resumes.

All things are clear now. CMM has heard the case: PP Atul Srivastava

#NavneetKalra

This bail should go to Mr Sandeep Garg : Srivastava

#NavreetKalra

Malhotra refers to the roster and says the jurisdiction is still of Lodhi colony.

What happened before DJ? : Court

He said you are the appropriate person to decide on issue of jurisdiction also : Malhotra

Okay, argue on merit then : Court

#NavneetKalra

Srivastava reiterates that it has to go to court hearing crime branch matters.

Parties continue to argue on where the bail plea should go.

DJ has kept the matter... whether it would be heard by Patiala House or Mr Sandeep Garg: PP Srivastava

Any answer on transfer application? : Court

PP Srivastava explains how jurisdiction is decided.

I fail to understand.. : Court

She said let Mr Sumit Dass decide and then I will decide: PP Srivastava

Okay, I'll hear : Court

Srivastava says first the issue jurisdiction has to be decided by the court.

You argue on merit jurisdiction both : Court

DJ has kept it for jurisdiction only.. it has to be decided first : Srivastava

You argue : Court

Malhotra begins his submissions.

Merit or jurisdiction? : Srivastava

Both, sir : Malhotra

If jurisdiction is decided otherwise... : Srivastava

This bail was filed on 7th. When it was filed there was no transfer of case. FIR was at Lodhi colony.. : Malhotra

#NavneetKalra

They can't try and say now you go to this court that court .. : Malhotra

#NavneetKalra

Yesterday bail was heard, notice was issued for today.. I myself said I was not pressing for relief. What was the hurry to issue a lookout notice and frame it all around the city as if he's an absconder: Malhotra.

#NavneetKalra

Malhotra says Navneet Kalra himself made a complaint to the police, eight days before, on black marketing.

I'll selling through legal channel.. : Malhotra

Malhotra shares the roster of the judges.

Malhotra says when he filed the anticipatory bail, the roster was of this court.

This case is not being investigated by Crime Branch SED (for it to go before Sandeep Garg) : Malhotra

..they are acting malafidely.. to delay the process so that my bail application is kept hanging. The facts of the case are more shocking: Malhotra

#NavneetKalra

Matrix is legally importing and selling on a portal : Malhotra

#NavneetKalra

The CMM has kept the matter (bail plea of others at 2:30): Srivastava

I have to argue there : Srivastava

You can go, I will continue: Court

3:30 you can come: Court

Hearing to resume at 3:30 pm.

Hearing resumes.

#NavneetKalra

PP Srivastava yet to join.

Is someone from Police there? DCP crime branch? : Court

Call Mr Srivastava to conclude.. this is a small point : Court tells DCP crime branch

My first submission was that FIR was registered at Lodhi colony PS on May 5. Recoveries were under the same jurisdiction. All accused continue to be produced at Lodhi colony till May 7. Investigation was also by Lodhi colony PS till May 7: Malhotra

Roster clarifies that .. both courts have jurisdiction. It can go to crime branch or Lodhi colony : Malhotra

Yesterday they sought time to file reply and disputed the jurisdiction.. after hearing they go to sessions judge and disclose all these facts. The conduct is contentious: Malhotra

This is never heard of. We should argue, court will decide on accordance with law...: Malhotra

Malhotra takes the court through the roster again.

They are the Investigating agency. They should know : Malhotra

Ingredients of the sections are not made out : Malhotra

#NavneetKalra

Malhotra says that even in the reply filed by police, the police station is Lodhi colony.

#NavneetKalra

He further points out that the signatory is ISC/Crime Branch.

The transfer Petition is a fraud on the court : Malhotra

#NavneetKalra

Since morning they are playing hide and seek with the court.. nobody is here : Malhotra

#NavneetKalra

The allegation is that.. we have to keep illegality and immorality seperate. There is no order unde sec 3 of Essential commodities act: Malhotra

Court says it would decide the jurisdiction first.

#NavneetKalra

If it is going to be heard tomorrow.. I may be protected in the interim period : Malhotra

#NavneetKalra

I should not be sent to jail. What is their conduct. The court may protect me for 2 days. Heavens will not fall : Malhotra

#NavneetKalra

I'll fully exhausted. Since 10 :30 I'm in front of courts. Ld DJ has directed that go before court and thereafter I will take a call.. : PP Srivastava

This court has not jurisdiction: PP Srivastava

#NavneetKalra

After transfer of investigation, it should go to Sandeep Garg. I've not argued on merit. No interim protection should be given : PP Srivastava

#NavneetKalra

Malhotra refers to Surpreme Court judgement to support his plea seeking Interim bail.

What harm will be caused.. If court doesn't grant me bail, I will be inside. They only want to hound me : Malhotra

#NavneetKalra

I will pass order on jurisdiction in 15-20 mins : Court

#NavneetKalra

Matter sent to DJ for further direction (on jurisdiction). There is no interim protection: Court

#NavneetKalra

#Breaking: Delhi Court refuses to grant interim protection to Navneet Kalra.

Delhi Court sends his anticipatory bail plea to the District & Sessions court for placing it before the court concerned.

#NavneetKalra

[BREAKING] Delhi Court refuses interim protection to Navneet Kalra in oxygen concentrator black marketing case

report by @aditi2118

#NavneetKalra #OxygenShortage
#COVID19India

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