Thread by @barandbench

#BombayHighCourt to hear plea filed by #AnilDeshmukh former Home Minister of #Maharashtra seeking quashing of the FIR registered by #CBI on the allegations of corruption made by former #MumbaiPolice Commissioner #ParamBirSingh.

@AnilDeshmukhNCP
@MumbaiPolice

Hearing before Bench of Justices SS Shinde and NJ Jamadar.

Sr Adv Amit Desai completed his submissions on behalf of Deshmukh.

ASG Aman Lekhi to continue with his submissions.

#BombayHighCourt #CBI #AnilDeshmukh #Maharashtra

Justice Shinde: We would like to see the investigation of papers. Will return in sealed covers

ASG Lekhi: Milords will have it by today. Meanwhile I have sent my written submissions.

#BombayHighCourt #CBI #Maharashtra

Lekhi: This entire exercise by Deshmukh is to revisit the order of the High court ordering Preliminary Enquiry in April. This has been affirmed by the Supreme Court. What is being done is unwarranted.

#BombayHighCourt #CBI #Maharashtra

Lekhi gives summary of Desai’s argument and says that each of the submissions are misconceived. We will show there has been misgovernance...

#BombayHighCourt #CBI #Maharashtra

Lekhi: Giving target of collecting money is not the ministers job nor of the policeman. Nothing is left to the policeman and even procedure is not spelt out by the minister.
The allegation is not hearsay as Waze told to #parambirsingh.

#BombayHighCourt #CBI

Justice Shinde: Why was the highest officer not investigating when informed. He could himself have registered the FIR.

Lekhi: We are not joining issues. Had it been left to a Singh or Deshmukh there would not have been..

#BombayHighCourt #CBI

Justice Shinde: At the cost of repetition, investigation against all...

Lekhi: Governance cannot be organised crime and it demands unsparing investigation.

#BombayHighCourt #CBI

Justice Shinde on the persons being investigated.

Mr. Lekhi, any department, one individual cannot do alone. As long as everyone is happy, no one complains. But the moment there is transfer then someone speaks.

#BombayHighCourt #CBI

Justice Shinde: In this case, who is the main collector? Waze. How was he inducted?

Lekhi: Hence there is 120B of IPC.

#BombayHighCourt #CBI

Lekhi: There is more than one individual in the case. That is why we are saying it is a conspiracy. People have conspired and it is systemic.

#BombayHighCourt #CBI

Justice Shinde: Corruption is the root cause of what paralysed common man; and hence we want a full fledged investigation.

#BombayHighCourt #CBI

Lekhi: The country should be thankful for the judiciary for keeping the conscience of the state. What stands out is that in spite of the allegation, there was no investigation and that is why the court had to intervene.

#BombayHighCourt #CBI

Lekhi is countering the judgments referred to by Sr Adv Desai to argue that CBI did not require sanction or previous approval from the Centre or State government.

#BombayHighCourt #CBI

Court has risen for lunch break.
Arguments to continue at 2.30 pm.

#BombayHighCourt #CBI

Lekhi continuing his submissions.

Lekhi: Everything is wrong with the argument that Section 17A is attracted if the officer is discharging his duty.

#BombayHighCourt #CBI

Court: The FIR itself mentions that the accused is discharging duty..

Lekhi: With due respect to Mr. Desai, that is not how you read the FIR.

#BombayHighCourt #CBI

Lekhi: His argument was that where are the other offences...

Court: We are on para 2 of the FIR.

#BombayHighCourt #CBI

Lekhi: First of all you cannot nitpick an FIR.

#BombayHighCourt #CBI

Lekhi: It merely says dishonest performance and in any case it not final evidence. The FIR is based how the investigation proceeds.

#BombayHighCourt #CBI

Lekhi is now making submissions on the scope of enquiry. Dealing with judgments cited by Sr Adv Desai.

#BombayHighCourt #CBI

Lekhi: What is important is that this case is of corruption broadly speaking. It will be wrong to say that it is not.

Court: Mr Lekhi.. Alleged..

Lekhi: Yes alleged corruption. It should be detected and eradicated at the earliest.

#BombayHighCourt #CBI

Lekhi: But eradication requires detection and detection requires investigation.

He refers to a judgment from a compilation he has submitted.

#BombayHighCourt #CBI

Lekhi: Dealing with alleged corruption, mandatory facts are present, those have to be investigated.

#BombayHighCourt #CBI

Lekhi concludes his submissions.

Court asks State to make submissions on the plea.

APP Yagnik states that since the investigation is with the CBI, they cannot comment on the FIR.

#BombayHighCourt #CBI

Desai asks for a few minutes to make rejoinder on Lekhi’s arguments.

Court states that they will record in the order that Ms. Patil was given opportunity to make submissions, but she wasn’t present in the previous hearing and today’s and that they will reserve for orders.

Desai: Set of questions that the court will have to consider is if the statement is not treated as hearsay then why is it that there are no conspirators in the FIR? This entire exercise is to instil confidence…

#BombayHighCourt #CBI

Desai: The moral legitimacy of governance has to be held and there is no dispute in this. Politicians are also people. Why did the CBI not add the conspirators in the FIR? Why are the police officers not named in there? Is it because it was their own king?

#BombayHighCourt #CBI

Desai: CBI is being cautious… So only the former Home Minister’s reputation is besmirched? Not the policemen?

#BombayHighCourt #CBI

Desai: Why did the agency refer the very same material which was used by the division bench to initiate enquiry. What is it that prompted them? It means they had no material..

#BombayHighCourt #CBI

Desai concluded his submissions.

#BombayHighCourt #CBI

Court states they will record the statement of Mr. Lekhi that the investigation papers will be submitted to the Court by tomorrow.

#BombayHighCourt #CBI

Order: Dr Patil, respondent no 3, did not/ could not appear. ASG submitted that the investigation papers will be tendered by tomorrow in a sealed envelope. Closed for orders.

Court: We hope that to the satisfaction of all advocates we have heard you..

#BombayHighCourt #CBI

Reserved for judgment.

#BombayHighCourt #CBI