#BombayHC bench of Justices S S Shinde and N J Jamadar to shortly hear a plea filed by a woman, claiming to have been harassed at the behest of #ShivSena MP #SanjayRaut. She is booked in a bogus degree case but claims it to be a counterblast of her allegations.
Adv Abha Singh for the woman, a psychologist by profession, who has also sought to quash the bogus degree case.
Chief Public Prosecutor Aruna Pai, for state.
Singh: Earlier orders were passed asking @CPMumbaiPolice to submit a report on my allegations. I am submitting a letter written by the @NCWIndia to @MumbaiPolice to file an FIR.
J Shinde: Have you filed an affidavit for these documents?
Singh: No.
Pai: On the last occasion, I had submitted the report prepared by the @CPMumbaiPolice.
J Shinde: Let us peruse the report first and then will listen to your submissions.
Pai: Only want to point out that an affidavit has been filed
J Shinde: Please wait let us read d report
J Shinde: On July 8, we had taken the report on record. Now this report is of July 20. What is this regarding?
Pai: That is a status report of the FIR against the woman for possessing fake degrees.
J Shinde points out that earlier he had asked officers of three police.....
....stations to file reply stating the progress in the woman's complaints filed against #SanjayRaut.
Pai: We have filed the replies. In two CRs A summary has been filed and in one CR a chargesheet is filed.
J Shinde: No. We will hear Mrs Singh first since she is for petitioner
Singh: One FIR was filed at Vakola Police Station, wherein my client's car was attacked and she injured her eyes. I had filed writ petition and respondents were police authorities including Mr Sanjay Raut.
My client attended every hearing in lower court and even before police.
Singh: But the police in it's response has said she never attended probe. That is incorrect. My client had even opposed closure of the case in the court.
Points out at the response of #SanjayRaut to her petition
In the FIR pertaining to stalking, the chargesheet filed is shoddy
J Shinde says he will consider each FIR one by one.
Have you filed bail plea, in that bogus degree case?
Singh: Not yet. But we have filed a plea before your bench seeking to partially quash the FIR.
J Shinde: Okay in this car attack FIR, you didn't go to the court?
Singh: No because my client is in jail in a bogus case.
The probe isn't conducted properly in that case and thus they have decided to close the matter.
J Shinde: But you can agitate before the Magistrate. The Magistrate will ask the Investigating Officer to probe properly.
Singh: All three FIRs aren't probed properly. In fact, in the stalking case, I caught hold of the stalker, took him to police station at #Mahim. He was from some Star agency but yet he was let off by the police.
They didn't file FIR despite instructions from DCP of the zone
Singh: Even @NCWIndia chief @sharmarekha had asked @MumbaiPolice to register the FIR seeing the 'gravity of the offences' yet they haven't acted upon it.
J Shinde from report, But closure was filed in 2015. Can we bypass all the remedies available to you? #BombayHC#SanjayRaut
Singh: But Milords, I have come to you with folded hands.
J Shinde: We appreciate your faith in us but can we bypass the legislations available? Why to bypass everytime? In fact, you can approach us again but exhaust the remedies down there before Magistrate.
J Shinde: Your next date before Magistrate is in December this year.
Singh: But I must get bail to appear.
J Shinde: That is a different thing.
Singh: I have no antecedents. Only because I came to HC I am in jail today. My liberty shouldn't be compromised.
Singh: The investigations are obviously tainted due to the bias against me. Please help me.
J Shinde: In this attack case, you registered the FIR, right?
Singh: Yes. But they didn't arrest anyone.
J Shinde: Crime took place in 2013, closure report is filed in 2015....
J Shinde: ...now your next date is in December 2021. It has been over seven years now. You can go back to Magistrate and raise all your contentions.
Singh: But justice isn't served
J Shinde: But justice needs to be done to both the sides.
Singh: But in all the FIRs they have said that yes the crime took place but they aren't able to trace the accused. The DCP has stated in affidavit that Mr Raut considered her as a daughter. Mr Raut has stated that his party workers have seen her in Malls, Restaurants etc
J Shinde: But it isn't about out insistence, it is the law. You will have to go to a Magistrate.
Singh: If the DCP says it is a 'father-daughter' relationship gone sour. Then why hasn't Mr Sanjay Raut come to meet me in the jail? Why am I in jail yet?
Singh: Milords, I seek an impartial probe. My life is in danger. Tomorrow even she might be killed like #MansukhHiren and we will have to regret. I have placed my client's life in your hands.
I have no faith in @MumbaiPolice please ask #CBI to probe these cases.
Prasad Dhakephalkar for @rautsanjay61 appears before the bench to make submissions. "My client isn't named in any of the FIRs. All cases are of 2013."
Dhakephalkar: Let the matter be sent back to the Magistrate, he will consider all these issues. They have named my client after so many years.
Bench closes car attack for orders.
Now another FIR wherein the woman has claimed that she was attacked by two men. FIR is of Vakola
J Shinde after Singh goes on and on... "Madam, there has to be a dialogue. You just cannot go on and on like this. There can't be a one way thing..."
J Shinde to Raut's client.
"Her contention is that since you consider her as daughter what steps are u taking to help her....
....in her arrest case."
Dhakephalkar: From day one I have said I have nothing to do with her arrest. Our relationship has gone sour because I tried to resolve the mutliple issues between her and her husband. She thinks I am taking side of her husband.
Dhakephalkar: I have asked her to come down and settle the feud with her husband. But she has gone out making allegations against me. It was on my request that she was given police protection, her complaints were given to Crime Branch of @MumbaiPolice
Dhakephalkar: It was my men, who took her to the hospital for her treatment. But this is what I am getting - allegations.
Bench closes the second attack FIR for orders.
Now takes up third FIR wherein the lady has claimed she was being stalked at the behest of @rautsanjay61
Pai: Chargesheet has been filed the next date in this matter is in March 2022. Her statement is also recorded.
Singh: The affidavit filed by DCP shows that Mr Raut has accepted to stalking me.
Dhakephalkar: Please don't make such allegations. I never accepted it.
Singh: I can't trust @MumbaiPolice. Mr Sanjay Raut is a powerful person and heads the govt do you think the city police will help me and give me justice? It is because of the #MumbaiPolice that #ArnabGoswami had to go to the Supreme Court
J Shinde: Madam Singh, you need to understand the hierarchy. You are before the Magistrate now then you will have to go to sessions court then this court and then the Supreme Court.
Everyone has to follow this hierarchy.
The bench now takes up the petition filed by the woman seeking to quash the FIR filed against her for possessing fake degrees. She has been arrested in this case since last month.
Singh: This pertains to a honorary PhD conferred upon me by the Shahu Maharaj University.
Singh: All this is because of the three complaints I filed against Mr Sanjay Raut.
Dhakephalkar: I am not a party in this case do not take my name.
Singh: You damaged my marriage. There wasn't any need to talk abt my marital status in the previous petitions.
Singh: The FIR is filed by an activist. Malafide case is filed against me. It was a non-cognizable case at the most.
They claim that my PhD degree from Shahu Maharaj University at Kanpur is not genuine.
I submitted my dissertation and was under impression that my PhD is complete
J Shinde: The sessions court has rejected your bail. You haven't challenged that order. Technically, you will have to challenge that order and then seek bail before this court.
Singh: Milords, you can reject my petitions and let me go to the Supreme Court.
J Shinde: This cannot go like this. In criminal matters, you have to point out the facts of the case and cannot jump directly to the law points.
Singh, who was citing various case laws, says she will read out the FIR.
J Shinde on her reading, please read the original FIR
Singh says the original FIR is in #Marathi and she isn't well versed with the language.
J Shinde: Okay, we will ask someone else to read the Marathi version.
Singh's junior comes to courtroom to read Marathi version of the FIR.
After the FIR is read, Singh argues that @MumbaiPolice maliciously filed the case and arrested her client.
Now cites certain case laws.
J Shinde: Why haven't you made the complainant a party?
Singh: I have no idea who she is. I never met her.
J Shinde: No, you will have to implead the complainant first.
Singh: Okay then grant me liberty to make my husband Mr Sujeet Patker as a party too because he was the one who introduced these people to me, who gave me the degree. In fact, he gave details to the complainant too.
Adjourned till Monday.
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Sr Adv Mihir Joshi for Swamy
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