Thread by @barandbench

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

Hearing before Bench of Justices SS Shinde and NJ Jamadar.

@CMOMaharashtra
@AnilDeshmukhNCP

Sr Adv Rafique Dada with Adv Akshay Shinde and Chief PP Deepak Thakare appear for State.

SG Tushar Mehta with ASG Anil Singh appear for CBI.

CBI made submissions in the previous hearing

barandbench.com/news/litigatio…

Hearing begins.

SG Mehta requests for 10-15 minutes to make his submissions.

Mehta: I only want to address on two points.
I want to deal with judgment of Mayawati.

#Maharashtra #CBI #BombayHighCourt

Mehta: The sole issue that SC was considering was the Taj Corridor project.

#Maharashtra #CBI #BombayHighCourt

Mehta: In comparison to the present facts please see that judgment.

The Court had defined the contours of the earlier order and had then observed how CBI had gone beyond the order.

#Maharashtra #CBI #BombayHighCourt

Mehta points out the following paragraphs - indiankanoon.org/doc/112244139/

#Maharashtra #CBI #BombayHighCourt

Mehta reads.

#Maharashtra #CBI #BombayHighCourt

Mehta: Mayawati judgment turned on its facts, it was not a general proposition. The Courts have only distinguished based on facts.

#Maharashtra #CBI #BombayHighCourt

Mehta: Our mandate is not to investigate into the encounters of the API Sachin Waze. That is not within the mandate.

#Maharashtra #CBI #BombayHighCourt

Mehta: Considering the totality of the situation, the Court had directed us to probe. If we do not do this investigation it would not following of the constitutional mandate of the Court.

#Maharashtra #CBI #BombayHighCourt

Mehta: In my respectful submission, there is complete misreading of the order.
There may be other paras which can be read in two manners, but this para has no other interpretation.

#Maharashtra #CBI #BombayHighCourt

Mehta reads out para 87 of the judgment of the Chief Justice’s Bench.

#Maharashtra #CBI #BombayHighCourt

Mehta: Singh was saying two things - since the time Deshmukh took over as Home minister there was wide spread corruption. Hence the direct investigation.
He wanted that this should not be limited only to Deshmukh years but even before that.

#Maharashtra #CBI #BombayHighCourt

Mehta: Deshmukh was appointing pliable officers to be appointed. He wanted people who can fetch him the target of Rs 100 crore. This is when Waze came into the picture.

#Maharashtra #CBI #BombayHighCourt

Mehta concluded his submissions.

Dada: The beauty of this matter is the manner of grace and dignity with which SG has conducted himself.

SG: It means a lot coming from a senior..

#Maharashtra #CBI #BombayHighCourt

Dada requests the intervening lawyers to conclude their arguments so that he can give the final rejoinder.

#Maharashtra #CBI #BombayHighCourt

Adv Subhash Jha begins his submissions.

#Maharashtra #CBI #BombayHighCourt

Jha points out judgments of the Supreme Court and other high courts.

Jha: High Court wanted an impartial investigation into the 100 crore extortion.
Getting the state investigating agency to enquire into a home minister’s affairs would not have ensured a partial investigation.

Dada makes his closing arguments.

Dada: The short point in this matter is the mandate.
Ultimately the mandate of the HC is what the decided by the Court.
CBI cannot decide the limit of the mandate.

#Maharashtra #CBI #BombayHighCourt

Dada: CBI cannot say corruption hence this also to be investigated.
They only directed a preliminary enquiry and said once investigation begins, then that is in accordance with law.

#Maharashtra #CBI #BombayHighCourt

Dada: Para 5 of the FIR is a copy-paste of Param Bir Singh petition

#Maharashtra #CBI #BombayHighCourt

Dada: there are two orders of the Supreme Court.
Singh filed a petition under Article 32. That petition was withdrawn.

#Maharashtra #CBI #BombayHighCourt

Dada: What has been ordered by the HC is that inquiry be conducted in the complaint of Patil’s complaint which has Singh’s petition attached.

Neither the petitions were investigated into.

#Maharashtra #CBI #BombayHighCourt

Corrigendum: Neither of the petitions were directed to be investigated into.

#Maharashtra #CBI #BombayHighCourt

Dada: There is no bar in the state machinery investigating into anything. CBI is not a superior machinery, it is just independent agency.

#Maharashtra #CBI #BombayHighCourt

Court: When was Singh appointed as Police Commissioner and when did he file the complaint?

#Maharashtra #CBI #BombayHighCourt

Dada: I will give the date.
There is a mix up between the letters and petitions of Singh. He was not talking of future postings.
CBI asked us for the entire police posting file. That is what we have taken exception to.

#Maharashtra #CBI #BombayHighCourt

Dada: How do you write to the CM three days after you are transferred?
You could have written about this before as well.
He did not make this an issue until he was transferred.

#Maharashtra #CBI #BombayHighCourt

Dada: The Court kept out of this issue, because they obviously did not decide on this issue.

He points out para 50 of the CJ Dipankar Datta’s order.

#Maharashtra #CBI #BombayHighCourt

Court: Mr. Dada please appreciate that we have extensively gone through the High Court order.

#Maharashtra #CBI #BombayHighCourt

Dada: Yes of course, I just don’t want to put the onus on the Court to go through every pleading. There are several matters which the court considers.. I will just point out the paragraphs.

#Maharashtra #CBI #BombayHighCourt

Dada: The lordships have clearly considered in para 87 that the Court will not go into the issue pertaining to transfer and posting.
Does this not include Rashmi Shukla matter?

#Maharashtra #CBI #BombayHighCourt

Dada: The complaint of Patil, and the letter of Singh does not contain about transfer and postings.
I do not want to repeat myself.

#Maharashtra #CBI #BombayHighCourt

Dada: Leakage of papers has become subject matter of separate enquiry. CBI cannot inquire into it under the pretext of corruption.
This is to try and mutilate with pending investigation of matter.

#Maharashtra #CBI #BombayHighCourt

Dada: In Mayawati case, the SC was looking into the Taj Corridor project.
In the course of the investigation it was argued that they found some irregularities. But the SC clarified that they had not asked investigation into that.
No permission was also given.

#BombayHighCourt

Dada: We have an excellent police force and we do not want to demoralise them with these transfers and postings, especially when the Court has said not to look into it.

#Maharashtra #CBI #BombayHighCourt

Dada concludes his arguments by stating that there was no mandate by Court into the transfer and postings. And the FIR gave it a backdoor entry saying it was intrinsically connected.

#BombayHighCourt #CBI #Maharashtra

ASG Singh clarifies that the investigating into Court’s mandate is necessary.

ASG: Otherwise the allegations made by Shukla into the transfers will not be investigated.

#BombayHighCourt #CBI #Maharashtra

ASG asks by approx how much time will the court pronounce the judgment in order to enable him to continue the statement for CBI.

Court: Mr. Singh we did not put a time on your arguments, so you do not ask us.

Everyone laughs.

#BombayHighCourt #CBI #Maharashtra

Court: Statement made by CBI to continue to operate till the pronouncement of judgment.

Matter reserved for judgment.

#BombayHighCourt #CBI #Maharashtra