Thread by @barandbench

#BombayHighCourt to hear plea by #ParamBirSingh, former #MumbaiPolice Commissioner seeking transfer of investigation of cases registered against him from Thane police to #CBI.

Hearing before Justices SJ Kathawalla and SP Tavade.

@MumbaiPolice

The State had in the previous hearing made a statement that Singh will not be arrested till May 20, 2021.

#BombayHighCourt #ParamBirSingh #MumbaiPolice

https://twitter.com/barandbench/status/1392738974402105344?s=20

Sr Adv Mahesh Jethmalani appears for Singh. Sr Adv Darius Khambata appears for #MaharashtraGovernment. ASG Anil Singh appears for #CBI.

#BombayHighCourt #ParamBirSingh #MumbaiPolice

Hearing begins.

Respondents state they have filed their affidavits.

#BombayHighCourt #ParamBirSingh #MumbaiPolice

Court asks Khambata if he is going to arrest him.

Khambata: I cannot extend my statement because the FIR points out one after the other statement. I do not want fetters in the investigation. I am not saying we are arresting overnight.

#BombayHighCourt #ParamBirSingh

Court: Justice Shinde is sitting next week. He is sitting next week.

Jethmalani’s voice is not audible.

#BombayHighCourt #ParamBirSingh #MumbaiPolice

Court: We will extend the order.

Khambata: There was no order. It was a statement I made.

#BombayHighCourt #ParamBirSingh #MumbaiPolice

Jethmalani logs out and logs in.

Adv Gunjan Mangla holding for Jethmalani submits that the matter can be kept in next week, but then the statement be continued.

Khambata: Milords may keep it in the next week. I have instructions to not make a statement.

#BombayHighCourt

Court: Do we have your word?

Khambata: Yes, this statement may not be recorded. That is all.

Court: We will pass an order then that you do not arrest him.

Khambata: NO milords then I may be heard for 5 minutes.

Court: then wait the whole night. We have other matters

Hearing to continue after some time.

#BombayHighCourt #ParamBirSingh #MumbaiPolice

Khambata: This is an important matter. I had made a statement in the last week, but then that statement was misused. A petition with the similar prayer was filed before the Supreme Court.
The disclosure about that was not made before this court.

#BombayHighCourt

Jethmalani: The statement was graciously made, which he is not wiling to extend. The FIR filed against my client is patently malafide.

#BombayHighCourt #ParamBirSingh

Jethmalani: The FIR pertains to four or five FIRs against my client lodged by by Mr. Ghadge. 5 FIRs were lodged against me, 4 of them in 2015 and one in 2016.
In 2021, he says that the four and one later were filed at the instance of Singh

#BombayHighCourt

Jethmalani: And the four FIRs against Ghadge have culminated in chargesheets, charges have been framed against Ghadge.
They are using defence of Ghadge for filing of the FIR against Singh.

#BombayHighCourt #ParamBirSingh

Court: What are your prayers first?

Jethmalani: Quashing, and interim stay on the investigation and no coercive action.

#BombayHighCourt #ParamBirSingh

Court: No it starts at 37, CBI probe..

#BombayHighCourt #ParamBirSingh

Jethmalani: Series of cases have been filed against him to make him withdraw the letter written to CM.
Three more cases have been filed in SC.
SLP seeks quashing and stay in all the matters as well.

#BombayHighCourt #ParamBirSingh

Jethmalani: Coming back to the scope of this petition is the FIR registered on April 4, 2021.

#BombayHighCourt #ParamBirSingh

Jethmalani: The FIR is lengthy and confusing.
In 2015 4 FIRs were filed against him, by Singh in collusion with others.
In 2016 an attempt to murder was filed, that was also at the instance of Singh.

#BombayHighCourt #ParamBirSingh

Jethmalani: All these 5 cases have been chargesheeted. The court is seized of the matter and they have framed charges.

#BombayHighCourt #ParamBirSingh

Jethmalani: The FIR says that arrest Param Bir Singh and others for filing these FIRs which the court after coming to a conclusion of a prima facie has framed charges,

#BombayHighCourt #ParamBirSingh

Jethmalani: Now the legal proposition is that the state has no power to reinvestigate a case, a case of reinvestigation does not lie when trial has commenced.

#BombayHighCourt #ParamBirSingh

Jethmalani points out judgment in the case of Vinay Tyagi case.

#BombayHighCourt #ParamBirSingh

Jethmalani is referring to this case: indiankanoon.org/doc/84627277/

#BombayHighCourt #ParamBirSingh

Jethmalani: Not only are the FIR matters investigated, they are in the stage of trial.
That is what is happened.

#BombayHighCourt #ParamBirSingh

Jethmalani: Reinvestigation can only be fdone by a constitutional court and not a magistrate court.

#BombayHighCourt #ParamBirSingh

Jethmalani: It is nothing but exercise in vendetta.

#BombayHighCourt #ParamBirSingh

Jethmalani continues reading from Tyagi’s judgment.

#BombayHighCourt #ParamBirSingh

Jethmalani: This investigation is ex facie illegal. It is not just coercive action. That was asked for because some documents were given at the last minute.
But the FIR has to be quashed because only constitutional court can order reinvestigation.

#BombayHighCourt

Jethmalani: This FIR has a history of its own. This was lodged in Akola. The police refused to register the case because there was already a matter pending. Then he goes to Thane.

#BombayHighCourt #ParamBirSingh

Jethmalani: There are jurisdictional issues but there are far more pressing issues here.

#BombayHighCourt #ParamBirSingh

Jethmalani: There is an additional affidavit filed in this case. In the reply, the State filed an affidavit seeking permission to file another affidavit.
Ghadge has filed a 500 page affidavit with details from the 5 FIRs.

#BombayHighCourt #ParamBirSingh

Jethmalani: When a disgruntled accused is picked up, words are put in his mouth, he may say whatever.

#BombayHighCourt #ParamBirSingh

Jethmalani: But for the state to interfere when the matter is pending before the judiciary is the grossest form of contempt.

#BombayHighCourt #ParamBirSingh

Jethmalani reads from the Additional affidavit filed by Singh.
He informs the court about the high court proceedings filed by Ghadge in 2020 to scuttle Singh’s chance to be commissioner.
The petition was abandoned.

#BombayHighCourt #ParamBirSingh

Jethmalani: I say that Ghadge has further suppresed that he filed had filed petitions to quash FIR and those petitions were dismissed as withdrawn.

#BombayHighCourt #ParamBirSingh

Jethmalani refers to exhibits from the additional affidavit which is the order in the petition filed by Ghadge.

#BombayHighCourt #ParamBirSingh

Jethmalani: What is happening in Maharashtra has reached new depths. They have filed a case against Rashmi Shukla, IPS officers, for wiretapping on the issue of transfers. Deshmukh’s son is one of the people brokering the police transfers.

#BombayHighCourt #ParamBirSingh

Jethmalani: In the aforesaid preliminary enquiry (CBI probe), Singh’s statement was recorded by CBI, he is a witness in that case. He has deposed under 161. This is inquiry after a court’s order.

#BombayHighCourt #ParamBirSingh

Jethmalani refers to conversation of Singh with the present DGP Sanjay Pandey.

#BombayHighCourt #ParamBirSingh

Jethmalani: The vendetta went full steam after Singhs’ letter. And all of this to hide a crime.

#BombayHighCourt #ParamBirSingh

Jethmalani: Who is honest and dishonest in this? A government that suppresses crime!?

#BombayHighCourt #ParamBirSingh

Jethmalani states that there is nothing in the FIR to substantiate the charges under the SC/ST act.

#BombayHighCourt #ParamBirSingh

Jethmalani points out at the allegation in the FIR. At no place is there a whisper about any act against the Mahar community by him.

#BombayHighCourt #ParamBirSingh

Jethmalani: The other conspirators are also all from Scheduled Case and Scheduled Tribes.

#BombayHighCourt #ParamBirSingh

Jethmalani: If the others who have colluded with him, are all scheduled caste and scheduled tribe members then there is no crime under the SC ST Act because it is by SC ST members only.

#BombayHighCourt #ParamBirSingh

Jethmalani: The whole investigation needs to be stayed. This entire FIR is patently malafide.
I could have argued this on Monday, but the State wants its pound of flesh.

#BombayHighCourt #ParamBirSingh

Court: What is the status on stay of investigation?

Jethmalani: There has to be some reason for no coercive action. If the petition is being admitted then stay can be granted. If it is being dismissed then stay cannot be granted.

#BombayHighCourt #ParamBirSingh

Court asks Adv Talekar who is appearing for the complainant to make his submission.

Khambata requests for an audience first.

#BombayHighCourt #ParamBirSingh

Khambata: The charge if malafides is made in various directions.

Court: He is trying to say that you are hand in glove with..

Khambata: He has to say to substantiate his claim.

#BombayHighCourt #ParamBirSingh

Court: First you address on the reinvestigation when the FIR is on the stage of trial.

Khambata: I want to start with the 5th FIR first and then move to the 4 FIRs.
The charge in this complainant, I want to get rid of the incorrect statement made.

#BombayHighCourt

Khambata: I will show from the FIR because that is the heart of this case.

The statement that I am of Mahar caste is his complaint that is not what the state imputed on him.

#BombayHighCourt #ParamBirSingh

Khambata: He found 22 people who had corruption charges in the KDMC region.

Khambata reads out from the FIR filed.

#BombayHighCourt #ParamBirSingh

Khambata: These are allegations on 2015-16 which has got nothing to do for what is happening today.

Court: Where are these letters of 2015-16?

Khambata: this is not disputed.

Court: Why is this after a fall out with the Government?

#BombayHighCourt #ParamBirSingh

Khambata: If he gets relief on malafide he has to show that before. But till the cognizable offence is made out, the investigation must proceed.

Court: We are on malafides.

#BombayHighCourt #ParamBirSingh

Khambata reads further from the 5th FIR where Ghadge was acquitted.

#BombayHighCourt #ParamBirSingh

Khambata: He was acquitted in a very serious offence, this may be noted, in a case against attempt to murder.

He spent 14 months in the jail for a case where he was ultimately acquitted.

#BombayHighCourt #ParamBirSingh

Khambata: The accusations were against officers of SC ST and non SC ST officers. Hence the crime comes under this purview.

#BombayHighCourt #ParamBirSingh

Khambata: The ground that Jethmalani has argued about reinvestigation is not even mentioned in the petition.

Court asks him to stop.

Order: The above writ petition is filed for the following reliefs. The matter appeared before Justice Shinde.

#BombayHighCourt #ParamBirSingh

Order: Justice Shinde granted liberty to move the vacation court. The vacation court was moved on May 13.

We had 60 matters on our board, including the petition filed by State of Maharastra which is part heard.

#BombayHighCourt #ParamBirSingh

Order: The matter was called out in the evening, when we requested the State to continue the statement which expires today upto Monday so that the learned judges hearing criminal matters on Monday could take up the matter.

#BombayHighCourt #ParamBirSingh

Order: But State of Maharashtra refused to extend the statement. We had to commence hearing the matter at 10.30 pm. We had heard Jethmalani and Khambata. And since we cease to be vacation judges at the stroke of midnight, we are adjourning the matter to Monday.

#BombayHighCourt

Order: However with permission from Chief Justice in this regard, the registry to place the matter on Monday. The State of Maharastra in the meantime cannot arrest Param Bir Singh. SO to Monday subject to necessary permissions from the Chief.

#BombayHighCourt #ParamBirSingh

Khambata: We are thankful for a patient hearing despite the burden of the board.

Court: This is only because the State was inconsiderate to our request.

#BombayHighCourt #ParamBirSingh

Before the clock struck 12: Bombay High Court vacation Bench protects ex-Mumbai Police Commissioner Param Bir Singh from arrest

@Neha_Jozie reports

#BombayHighCourt #ParamBirSingh

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