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 SS Shinde and NR Borkar.

@MumbaiPolice

The vacation court on Friday protected Singh from arrest minutes before its authority as vacation bench came to an end on Friday midnight.

#BombayHighCourt #ParamBirSingh #MumbaiPolice

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

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Bench assembles. Hearing begins.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Jethmalani: This matter was argued at length on Friday, but it may have to be re-argued.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Court: The problem pre-vacation continues even now. Your voice is not audible.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Jethmalani: I am in Alibaug and the cyclone #Tauktae has had some effect on the internet.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Jethmalani: A stay has been granted now in this matter.
My request is plea by Rashmi Shukla, two pleas by Singh and the State’s plea may be kept together before the same bench.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Khambata: I beg to disagree. The stay was granted on Friday only because I was not willing to make a statement.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Court asks Adv Satish Talekar who appears for the complainant.

Court: Now we are sitting in this combination for this week. We are sitting in this combination for this week, next week I will be sitting with another judge.
We want to finally hear the matter and decide.

Court: I want all of you to rethink. IF you want to be properly heard.
Jethmalani, Khambata, ASG Singh is also there, you are also there.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Court: We received these papers in the morning at 9.30.
Is there an interim granted before the previous bench?

Khambata: The matter was taken up for hearing on 10.30 pm, and thereafter the bench’s roster was coming to an end.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Khambata: Hence this the interim relief was granted because the matter was part heard. There was no observation on the merits not even prima facie.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Khambata: My argument after Jethmalani finishes is going to be that this petition is an abuse of process of law.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Khambata: The grounds are similar, they suppressed before the Supreme Court that the matter was heard and I had made a statement to not arrest.
That disclosure was not made, if that is not abuse of process, then I do not what is.

#BombayHighCourt #ParamBirSingh #MumbaiPolice

Court: We will first have to see the order of the Supreme Court and then the petition of that Court.

Jethmalani: I will produce all those records.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Talekar: If there is a similar petition and if it is with similar reliefs, then this petition has to be withdrawn.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Court: If the Supreme Court is going to hear this plea, then we will have to hold our hands.

Jethmalani: That petition is about continuous harassment. It is by a series of FIRs filed by the State. It is a continuous case of vendetta against this gentleman.

#BombayHighCourt

Jethmalani: Hence we filed a omnibus petition under Art 32 against all the FIRs.
When this matter was heard before the Bench of Justice Kathawalla, a day before the hearing, the complainant served on us an affidavit of over 400 pages.

#BombayHighCourt #ParamBirSingh

Khambata: This is fast and loose with the procedure. And I will make good my point.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Court points out that they are still not able to hear Jethmalani, there is some technical issue.

Sr Adv Puneet Bali who appeared for Singh in Supreme court requests for an audience.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Bali: I will explain what the case is in Supreme Court.
I have informed that the Supreme Court that they started dept enquiries against me, the current CP recused himself from the enquiry and any other complaint which the state has against me, should be transferred to #CBI

Bali: I stand before you with full responsibility.
The order passed in our favour was shown to the Supreme Court, it was sent via email. Why would we not want to disclose an order in our favour?

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Court: Mr Bali, now whether there is any date given?

Bali: Unfortunately, Mr Gavai was sitting till Friday. Now there will be change in the bench, the notification may have come out today morning. So I am told it will be listed today.

#BombayHighCourt #ParamBirSingh

Court: If you are going to argue and finish then we will hear you. But this Bench will be sitting only for this week.
So you will decide.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Bali: I am surprised this is being argued.

Khambata: Please see their petition filed in the Supreme Court. It is written in black and white.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Khambata reads from the petition that their petition states that on oath, they told the Supreme Court that the Bombay High Court did not hear or refused to grant a date.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Khambata: This was filed on May 16, and the statement was made on May 13.
The prayers are also similar if not identical.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Khambata: The plea in Supreme Court also seeks a stay on the FIR part of this very petition.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Court: Jethmalani we will be hearing you today. And as for these statements in the Supreme Court petition, please take steps to withdraw this statement.
My brother judge was on that bench that day.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Court: We will hear you, we hear all counsels to their satisfaction.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Court: We will record his statement that he will withdraw this statement.

Jethmalani: all the three matters are interconnected. They should be heard together.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Court: Those petitions should be heard together is your submission. But one of the petitioner is State. So you cannot decide for that.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Court: We respect your statement that you will advise the petitioner to withdraw this statement.
(To Talekar) Your FIR was registered in 2021. Your grievance is of 2015-16.
Subject to what Mr. Khambata says, we propose to fix the matter after 2 weeks after re-opening.

Talekar: The interim may not continue.

Court: Mr. Khambata made a statement earlier.

Khambata: The petition was filed on April 30, 2021. Thereafter it came up for hearing on May 13. The documents came to me in the morning, I wanted to put a counter, hence I sought time.

Court: What we propose to do is we will keep it for hearing on April 9, we will hear finally subject to whatever you have to say, so that there is a regular bench to hear it.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Court (To Talekar): You waited from 2015 till now, then wait two more weeks.
(To Khambata): What are your instructions?

Khambata: NO action was taken but that is because of the petitioner.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Court: Can you make a statement for two weeks and then you make good on June 9.

Khambata: I make a statement here, they run to Supreme Court for the same reliefs. They have to make good their stand. They cannot have both ways.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Court: You are made party in that petition?

Talekar: This is forum shopping.

Khambata: We were not even served.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Court: Can you wait for two weeks?
He was not arrested for the last 5 years, what is going to happen in 2 weeks?

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Court: At least 1% you should accept. We are recording his statement that he is withdrawing this statement in the Supreme Court petition.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Khambata: I have sought instructions. If I make such a statement that matter can be heard on June 9? He cannot have two bites of the cherry.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Jethmalani: Can I make a statement that they will have not hear the petition in Supreme Court till June 9? Will that help?

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Bali submits that what is sought from the Supreme Court is against the witch hunt against him.

Even if Mr. Khambata orally informs us that there will not be any action against me, I will be satisfied.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Khambata: I have instructions, that they will not proceed before the Supreme Court up until the hearing happens on June 9, then I will not take coercive action against them till June 9.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Bali: So then there will not be any action against me...

Khambata: No that is what I said, I only said in this FIR.

Bali submits that there have been actions being initiated against me by various builders, etc against whom I have taken action.

#BombayHighCourt #ParamBirSingh

Court: Mr. Khambata has instructions to make a statement on this present FIR.

Bali: Can I then say that we will not make any submissions for stay of this FIR?

Jethmalani: I would suggest you delete everything pertaining to this FIR from the Supreme Court.

#BombayHighCourt

Khambata makes a statement that the State will not take any action in this particular FIR, subject to his co-operation in the investigation and not moving the Supreme Court for this FIR.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Jethmalani objects and says that Singh may be arrested in other FIRs.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Court: Khambata has instructions only for this FIR.

Jethmalani: In fact I would tell Mr Bali that you please delete any reference to this FIR from the petition. They are right, you cannot ride two horses!

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Court dictates order:

Jethmalani on instructions makes a statement that in light of the protection granted to the petitioner in this FIR, he will not be pressing the petition in the Supreme Court.
Khambata’s statement of subjective no-coercive action is already recorded.

Order:

There is a consensus amongst counsel appearing for the party, and preferably on June 9, 2021.
In view of the consensus arisen, list on June 9, 2021 for final disposal before the regular bench.

Khambata: If the regular bench cannot hear the matter for any reason, Mr. Jethmalani can always move the application for interim order.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Court: Our expectation is that precise written notes be given so that will be of great assistance to us. We are happy at the end consensus is arrived at.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Jethmalani: Only because of your lordships.

Hearing ends.

Matter to be heard on June 9, 2021.

#BombayHighCourt #ParamBirSingh #MumbaiPolice #CBI

Param Bir Singh tells Bombay High Court will not "ride on two horses"; agrees not to press for reliefs before Supreme Court in Thane FIR

report by @Neha_Jozie

#BombayHC #parambirsingh

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