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

Bench has assembled.

#BombayHighCourt #CBI #ParamBirSingh

Adv Subhash Jha on behalf of Ghanshyam Upadhyay objects to the hearing of the petition.

1. I have not impleaded as respondent.

Court: Just wait for a minute please..

#BombayHighCourt #CBI #ParamBirSingh

Hearing begins.

ASG Raju begins his submissions.

Court: We find that one submission is that this hearing should be before the CJ’s bench. Are you pressing for this submission?

ASG: Yes that was my first submission on the first day.

#BombayHighCourt #CBI #ParamBirSingh

Court: That was a discussion on the first day. Then you did not mention this in your first submission filed. Now this is there.
So will you press for this?

ASG: No milords this is not like a grievance raised against the bench.

#BombayHighCourt #CBI #ParamBirSingh

Court: No one can raise grievance against this bench.

You are saying since this involves an interpretation of an order of the Chief’s bench, you want him to hear.

#BombayHighCourt #CBI #ParamBirSingh

Court: We do not have a problem if you want the Chief’s bench to hear. But then you will have to wait till June 7.. and apply to the Chief’s bench..

#BombayHighCourt #CBI #ParamBirSingh

Dada apprises the Court that the previous submission of CBI had this mentioned.

#BombayHighCourt #CBI #ParamBirSingh

Dada: Their previous submission at para 38 had made this submission that they want the same division bench to hear this petition which had passed the CBI probe order.

#BombayHighCourt #CBI #ParamBirSingh

Court: We have no objection to placing this before the Chief Justice!

#BombayHighCourt #CBI #ParamBirSingh

ASG Raju: We have no problem if this matter proceeds.

Court: You are right to an extent. It will be simpler there.
The allegation is that it is going beyond the scope of that order.
It is simpler, rather we will say it is advisable.

#BombayHighCourt #CBI #ParamBirSingh

Court: But then you will have to agree that till that time, till the matter is placed before the Chief’s bench, you have to hold your hands on the letters you are asking from them. We are willing to place the matter on June 7.

#BombayHighCourt #CBI #ParamBirSingh

ASG seeks a minute to take instructions.

#BombayHighCourt #CBI #ParamBirSingh

ASG: I do not foresee a problem with the documents. But to make a statement let me seek instructions.

#BombayHighCourt #CBI #ParamBirSingh

ASG: I am wiling to make a statement that till June 7 or till the Division Bench is constituted.

Court: The same bench is continuing hence we are saying.

ASG: But only on the documents and nothing else.

#BombayHighCourt #CBI #ParamBirSingh

Court dictates order:

Pursuant to the order of this court, the CBI has concluded its probe and filed an FIR April 21, 2021. Para 4 and 5 of the FIR is objected to.

#BombayHighCourt #CBI #ParamBirSingh

Order:

The State has moved this court with a grievance that the contents of the said paragraphs goes to show that CBI has acted beyond the scope of the order dated April 5 of this court which is impermissible in law.

#BombayHighCourt #CBI #ParamBirSingh

Order:

And therefore the action of CBI to that extent is illegal.

#BombayHighCourt #CBI #ParamBirSingh

Order:

Though CBI had earlier mentioned before us that the matter should be heard by the same bench which has passed the April 5 order, in the written submission that we received yesterday at 6 pm filed by CBI, CBI has categorically submitted the same.

#BombayHighCourt #CBI

Order:

We have therefore inquired from ASG Raju whether CBI has agreed to not act on the letters addressed by it to the State government requiring them to give certain documents that is letters, etc.

#BombayHighCourt #CBI #ParamBirSingh

Order:

To which Mr Raju has answered in affirmative.

#BombayHighCourt #CBI #ParamBirSingh

Order:

We therefore accept the statement made by ASG Raju and we direct the Registry to place the matter before the Bench comprising of Chief Justice on June 8 at 10.30 am for necessary directions.

#BombayHighCourt #CBI #ParamBirSingh

Order:

It is clear that the statement on behalf of CBI will continue till June 9.

#BombayHighCourt #CBI #ParamBirSingh

Adv Jha submits that he was a petitioner...

Court: We are not deciding that. Let the CJ’s bench decide.

ASG Raju: Sorry for the hardship caused on a holiday.

Court: Not at all.

#BombayHighCourt #CBI #ParamBirSingh

Hearing over. Bench rises.

#BombayHighCourt #CBI #ParamBirSingh