Thread by @barandbench

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

Hearing before Bench of Justices SJ Kathawalla and SP Tavade.

@CMOMaharashtra
@AnilDeshmukhNCP

Sr Adv Rafiq Dada with Chief Public Prosecutor Deepak Thakare appears for the #MaharashtraGovernment. ASG SV Raju with ASG Anil Singh appears for #CBI

#BombayHighCourt

Hearing begins.

#BombayHighCourt #MaharashtraGovernment #CBI

Court asks CBI why did they delay in sending the submission.

CBI informs that they had filed hard copy in the morning.

#BombayHighCourt #MaharashtraGovernment #CBI

Hearing will continue later. Court is taking up other matters on board.

#BombayHighCourt #MaharashtraGovernment #CBI

Hearing resumes.

#BombayHighCourt #MaharashtraGovernment #CBI

Court asks Dada to begin his submissions.

Dada: We have in this matter challenged two paragraphs of an FIR.

Court: Proceed on the basis that I am not familiar with anything.

Dada: CBI can investigate only with the consent of the State.

#BombayHighCourt

Court: As far as this case is concerned only Mayawati’s case is relevant.
First of all there is no pagination.

Look at clause (g).

#BombayHighCourt #MaharashtraGovernment #CBI

Court: How is it relevant.

Dada: It mentions that there is federalism.

Court: But the Court has now given permission.

Dada: The FIR was set aside by the SC, and they had gone beyond the order.

#BombayHighCourt #MaharashtraGovernment #CBI

Dada: There was discussion on the assets. They proceeded to investigate and the Supreme Court said they cannot go beyond the order.

#BombayHighCourt #MaharashtraGovernment #CBI

Dada was referring to this judgment: indiankanoon.org/doc/112244139/

Dada: We have mentioned that there are four petitions filed. And the Court passed the direction in the plea filed by Dr Jaishri Patil, more specifically in her complaint in which letter by Param Bir Singh (former CP Mumbai Police) was annexed.

#ParamBirSingh #BombayHighCourt

Dada reads out from the Chief Justice Dipankar Datta’s judgment.

#ParamBirSingh #BombayHighCourt

He reads further

#ParamBirSingh #BombayHighCourt

Dada further reads

#ParamBirSingh #BombayHighCourt

Dada points out that Chief’s order clarified that the “decision has been necessitated because of the nature of relief claimed in the CrWP by Dr. Patil.”

#BombayHighCourt #ParamBirSingh #CBI

Dada: Param Bir Singh’s case was in a PIL and his case went far beyond the letter.

#BombayHighCourt #ParamBirSingh #CBI

Dada: Counsel on behalf of Param Bir Singh stated that given the exceptional substances was on these grounds:

Investigation by investigative agency in the letter
To read the Malay in transfer and posting at the behest of political masters. (He did not transfer his own transfer)

Dada: So the Court specifically said that transfers and posting have to be challenged before the appropriate forum and this is precisely what we are saying here.
They are opening investigation in that.

#BombayHighCourt #ParamBirSingh #CBI

Dada: Now this is the question of (IPS Officer) Rashmi Shukla. Nankani submitted affidavit of Param Bir Singh which spoke about Shukla’s documents which spoke about transfer.
The affidavit contained document signed by former Home Minister Anil Deshmukh.

#BombayHighCourt

Dada: Rashmi Shukla’s issue also pertains to transfer issue and the court has clarified that there issue have to be raised somewhere else. These paras which we have challenged is precisely what is not directed by the court.

#BombayHighCourt #ParamBirSingh #CBI

Dada: It is pertinent to note that HC gave 15 days of time. First they wanted Shukla’s letter, then correspondence o the Home Secretary and then minutes of meeting of police’s board.

#BombayHighCourt #ParamBirSingh #CBI

Dada: What they are seeking is confidential documents which effects lives of many officers This is contrary to what was directed by the Court.
The Court directed the CBI to initiate preliminary enquiry into the allegations of Dr Jaishri Patil.

#BombayHighCourt #ParamBirSingh

Dada: The correspondence sought by the CBI was not part of the complaint nor Singh’s letter.

#BombayHighCourt #ParamBirSingh #CBI

Dada: We had written to them clarifying that we are not intervening in the investigation against Deshmukh. But what is the point of asking for documents pertaining to transfers. We have not received any response.

#BombayHighCourt #ParamBirSingh #CBI

Dada: We got the copy of the FIR from the net.
The FIR is at 142. It is like going into a mountain and finding a rat.

He begins to read, but there is internet connection issue.

#BombayHighCourt #ParamBirSingh #CBI

Connection is back.

Dada: The correlation between 142 and 145.
In the second last para - the petition finds that the minister finds undue influence in transfer.

Court: so you are saying this is contrary to Court’s order.

#BombayHighCourt #ParamBirSingh #CBI

Court: After you finish this.. first complete this.

Dada gives details about the letter written by Param Bir Singh.

#BombayHighCourt #ParamBirSingh #CBI

Dada: The petition did not mention anything about the undue influence of officials in the postings.

On Waze, it is alleged that the minister knew about Waze’s reinstatement and the high profile matters.

#BombayHighCourt #ParamBirSingh #CBI

Dada: But Waze was reinstated by Singh.

#BombayHighCourt #ParamBirSingh #CBI

Court asks Dada to read para 82 from the order:

#BombayHighCourt #ParamBirSingh #CBI

Dada: Judge has also said this..

#BombayHighCourt #ParamBirSingh #CBI

Dada: We are not challenging the powers and jurisdiction to conduct investigation authorised by the Court.

We are not stopping them from following the Court’s order.

Them dealing with administration of State and issues pertaining to Rashmi Shukla is pending before the State.

Dada: I am not addressing on length that nothing has been mentioned on Param Bir Singh, Waze, and something is mentioned against the Minister and this is being used a probe into administration by the State.

#BombayHighCourt #ParamBirSingh #CBI

Dada: The Chief Secretary was asked to give evidence. He said he could not come due to pandemic but he gave a statement through VC.

#BombayHighCourt #ParamBirSingh #CBI

Dada: how can an experienced agency like CBI interfere in the pending investigation?

Court: IS there is any judgment which follows or distinguishes or over rules Mayawati judgment?

Dada: there was an issue of review, which I will circulate.

#BombayHighCourt #ParamBirSingh

Dada: The Court refused to hear the review and dismissed.
We will also give the West Bengal case.

Court: How is that useful?

Dada: That judgment was relied on in Mayawati’s case, and it was rejected by the Court.

#BombayHighCourt #ParamBirSingh #CBI

Court: so this petition is on the scope more or less.

Dada: Yes.

#BombayHighCourt #ParamBirSingh #CBI

Court: Where do we get the complaint of Dr Patil and Singh’s letter.

#BombayHighCourt #ParamBirSingh #CBI

Dada shows the letter and the complaint annexed to the petition.

#BombayHighCourt #ParamBirSingh #CBI

Dada reads Patil’s complaint.

#BombayHighCourt #ParamBirSingh #CBI

Dada: the letter sought for protection of evidence against allegations made in the letter.

Court: What about allegation against Waze?

Dada: The allegation is that Waze was asked to extort money. His reinstatement is really insignificant.

#BombayHighCourt #ParamBirSingh #CBI

Dada: There is nothing against his investigation in high profile cases. There may be many such cases, we do not want to reopen that, that may have ended also.

#BombayHighCourt #ParamBirSingh #CBI

Dada: There is no allegation against his reinstatement and entrustment of important cases and both to the knowledge of the minister.
Reopening his cases is not the decision of the court. There may be many accused in his cases, and that will have escalating effect.

#CBI

Dada: The extortion matter will be considered and we do not want to interfere in it.

#BombayHighCourt #ParamBirSingh #CBI

Dada: Para 4 your lordships may have a view, but para 5 absolutely goes into the root of the matter.

Court: Let us check para 4.

Dada: Para 5 I emphasize but para 4 also let me point out.

#BombayHighCourt #ParamBirSingh #CBI

Dada: If Waze is considered some cases, if he was in charge, they may have been completed, why reopen.

Court: If she is alleging Sharad Pawar and others why not Waze.

Dada: He is not even an accused.

#BombayHighCourt #ParamBirSingh #CBI

Dada: the letter says he was told by Waze.

Court: but they may have done this to nail Anil Deshmukh, nothing against Waze...

Dada: That I do not want to go into that.

#BombayHighCourt #ParamBirSingh #CBI

Dada: there is nothing asked, but they have put in the FIR.

Court: So they have put in the FIR..

Dada: But please see the second part.

Court: At least on this part we are with you on this para.

#BombayHighCourt #ParamBirSingh #CBI

Court: But then we were not given the submissions on time, so we could not read and be prepared.
State at least sent it on time, we have read it. We read your submissions till 2 am.

#BombayHighCourt #ParamBirSingh #CBI

Dada: We were in stress so there may be some mistakes.

Court: What about our stress.

Lawyers point out that there is sheer stress on the bench and they have been noting this for the last two days.

#BombayHighCourt #ParamBirSingh #CBI

Court: How can I keep the hearing tomorrow.
You are on VC.

#BombayHighCourt #ParamBirSingh #CBI

ASG Raju requests for matter to be kept on Monday.

Court: We will need CJ’s permission.

Dada: We will get permission then, we will seek permission.

ASG Raju: Then may I request Wendesday.

Court: I am here everyday. Anyway will do.

#BombayHighCourt #ParamBirSingh #CBI

Court: I will record in the order that we have substantially heard the matter.

Order:

We have heard submissions from the ASG Raju on Wednesday. We have received submissions from State and we have heard from Dada who has almost concluded his submissions.

#BombayHighCourt

Order:

The ASG is to make his submissions. He has requested for Wednesday. He has stated that nothing will happen till Wednesday. We have no objection to hear the matter since the matter is part-heard. However the Advocates will need permission from the CJ in this regard.

Order:

SO to Wednesday at 11 am.

#BombayHighCourt #ParamBirSingh #CBI

Order:

Leave is granted to petitioners to carry out necessary amendments for the paragraphs 4 and 5.

ASG Raju: My statement may not be recorded. I am giving my word.

Court: Ok we are not recording.

#BombayHighCourt #ParamBirSingh #CBI

Hearing ends.

Matter kept on May 26, 2021.

#BombayHighCourt #ParamBirSingh #CBI