Thread by @barandbench

#BombayHighCourt to hear the plea of #maharashtragovernment to quash portions of #CBI FIR against ex-Home Minister #AnilDeshmukh.

Hearing before Bench of Justices SJ Kathawalla and SP Tavade.

@CMOMaharashtra
@AnilDeshmukhNCP

Plea alleges that portions of the First Information Report (FIR) is to initiate an inquiry intended to destabilise the Shiv Sena-Congress-NCP government in the State.

barandbench.com/news/litigatio…

Hearing begins.

Sr Adv Rafiq Dada appears for the State. ASG SV Raju appears for #CBI .

Raju: My concern is they are seeking interpretation of an order which is passed by another DB of this court.

Court: What is the grievance? They are asking production of documents?

Dada submits that CBI has been going beyond the orders of this court for investigation against #AnilDeshmukh
They sought copy of the letter written by IPS officer Rashmi Shukla and other documents.

#BombayHighCourt

Dada: They even issued notice to the Chief Secretary asking him to come and record his statement. He said he cannot come because of the pandemic, but he still went this Saturday.

#BombayHighCourt

Dada: CBI is trying to pounce on a piece of paper which is being investigated by #MaharashtraGovernment against Rashmi Shukla.

#BombayHighCourt

Dada: The order by the Chief Justice Dipankar Datta directed enquiry against a complaint of Dr. Jaishri Patil. Only that.

#BombayHighCourt

Dada: They are asking us to produce the documents even before the FIR was registered.

#BombayHighCourt

ASG Raju submits that the Section 6 issue of the Special Delhi Police Act was settled by the Supreme Court.

Raju: The CJ passed a particular order, and if the entire order is read, then there is no restriction on investigation which State is now claiming they cannot investigate

Raju: Court initiated an inquiry. This issue was live before the Court. The Court did not reject any of the issues.

#BombayHighCourt

Dada: The relief we are seeking is that the two paragraphs in their FIR mentioned in our prayers is beyond the jurisdiction of the DB order. Hence we are troubling the court.

Court: We are not troubled. This is our job.

#BombayHighCourt

Raju continues.

Raju: Ordinarily CBI cannot investigate in the state without consent of the state. But an exception has been carved out by the Supreme Court and high Courts with their powers under Article 32 and 226.

The court directed an enquiry u/a 226.

#BombayHighCourt

Raju shows the directions passed by the Court.

Raju reads the order.

Raju reads further.

Raju: The preliminary enquiry of this court is as per Lalita Kumari’s case and the CBI manual. If a cognizable offence is disclosed then police has to register an FIR.
There is no restriction on the preliminary enquiry and its type and the FIR to be registered.

#BombayHighCourt

Court: Ok you continue but tomorrow or day after..

#BombayHighCourt

Court: Friday 3 pm we will hear.

Dada: I have not completed, so kindly grant me 45 minutes or so..

Court: No you have to go slow and make us understand.

#BombayHighCourt

Hearing ends.

Matter to be taken up on May 21 at 3 pm.

#BombayHighCourt