Thread by @fpjindia

#BombayHighCourt bench of Justices S S Shinde & N J Jamadar to hear petitions filed by former @MumbaiPolice commissioner #ParambirSingh challenging the #FIR filed against him and also the enquiries ordered against him by @CMOMaharashtra

Sr Adv Darius Khambatta to argue for #Maharashtra govt
Sr Adv Mahesh Jethmalani to argue for #ParambirSingh
Sr Adv Nawroz Seervai to appear for @DGPMaharashtra #SanjayPandey, whom Parambir Singh accused of trying to influence him to take back letter against @AnilDeshmukhNCP

Jethmalani cites difficulty in arguing the matter now. Urges bench to keep the matter by 2:30 pm.

Seervai objects to the request. "This cannot go like this. Either argue now or let's keep it post September 15," he submits.

J Shinde clarifies that the matter won't be adjourned

Jethmalani: Okay let my friends Seervai and Khambatta argue on the preliminary objection to my plea. Please let me come back by 12:30.

Bench allows the request.

#BombayHighCourt
#ParambirSingh

Khambatta: I (state) have a very serious objection to this matter (plea challenging enquiry). One Anoop Dange had filed a complaint and the enquiry was ordered. #ParambirSingh alleged that @DGPMaharashtra had asked him to take back his plaint against former minister

Khambatta: @DGPMaharashtra then recused from the enquiry. Now the enquiry has been allotted to #ACB of the state and as far as allegations of breach of service rules by #ParambirSingh are concerned that has been given to relevant authority. Thus, this petition has come to an end

Khambatta: The petition doesn't survive now as one of the main prayers was against @DGPMaharashtra holding the enquiry.

Further, this enquiry has nothing to do with the investigations going on against @AnilDeshmukhNCP case. It has nothing to do with the plaint in that case.

Khambatta: The enquiry is only regarding service issue. The probe here, is to check if #ParambirSingh has floated the All India Service Conduct Rules, 1968.

Reads out the terms of reference of the enquiry.

#BombayHighCourt
#ParambirSingh

#BombayHighCourt
Khambatta cites five judgments of the #SupremeCourt and the Central Administrative Tribunal

Khambatta is now reading section 14 of the Central Administrative Tribunal Act, which provides powers and jurisdiction to the tribunal to adjudicate matters concerning service matters involving All India Service Rules

#BombayHighCourt

Khambatta: The case of #ParambirSingh is squarely covered by this provision and he must approach the Central Administrative Tribunal as this is purely a service matter.

#BombayHighCourt

Khambatta: The SC has clearly held in multiple matters that High Courts cannot entertain matters which can be adjudicated by the Central Administrative Tribunal.
J Shinde: How far has the enquiry reached?
Prosecutor J P Yagnik says would submit the enquiry status report in 2 mins

Khambatta: #ParambirSingh claims this enquiry is a counterblast of his letter to CM against @AnilDeshmukhNCP. But we would like to clarify there is no vendetta or malafide against him.
The complaint against Mr Singh was filed in February 2021 much prior to his letter.
#BombayHC

Khambatta: Just because he has written a letter exposing the alleged offences by a sitting minister, he isn't immuned of offences or wrong doings he committed. He cannot allege that there is vendetta. The words like vendetta, malafide, malice etc is often done to avoid probe

J Shinde: But in this case there is a departmental enquiry and not a criminal investigation. The state hasn't registered a crime as such.

The judgments you (Khambatta) are citing pertain to cases wherein crime has been registered and not against dept enquiry.

#BombayHighCourt

Seervai now commences arguments on preliminary objection to #ParambirSingh's petition. Refers to section 3 q of the Central Administrative Tribunal act that covers "all kinds of services matters, which the tribunals can adjudicate."

The law is wide enough to cover his grievances

Seervai: My client the present @DGPMaharashtra has recused himself from the enquiry within 24 hours of this petition being filed.

J Shinde: There are certain allegations against your client.

Seervai: These allegations are nothing but a tissue of falsehoods

#BombayHighCourt

Seervai: My client has a really good career till now. This is a case of a man trying to trap my client. If your Lordships want me to argue on merits I can expose this man (#ParambirSingh) even on merits of the case. It is case of twisting the truth.

#BombayHighCourt

J Shinde: Can the Administrative Tribunal consider the issue malafide and malice?

Seervai: Certainly yes. The tribunal can go into this issue as well.

J Shinde: Okay. We haven't made up our mind yet. We will have to hear Mr Jethmalani also on this issue.

Bench seeks to know from prosecutor J P Yagnik about the enquiry status.

Yagnik: The officers are about to instruct me.

J Shinde: We aren't expecting a report as such but only the information about the enquiry.

#BombayHighCourt

Adv S R Ganbavale for Anoop Dange, a police inspector, on whose complaint the departmental enquiry has been ordered, seeks to intervene.

Bench asks his locus.

Khambatta: It is based on Mr Dange's plaint on February 2021 that we ordered enquiry.

Khambatta: This complaint was much prior to #ParambirSingh's letter. He is now seeking complete immunity in all these matters citing his letter to the CM against the then home minister.

J Shinde: Yes... In his (Parambir's) plea he has mentioned something abt #WhistleBlower act

J Shinde: But there is no enactment yet on protection of whistleblowers.

Khambatta: If Milords go through the record of complaints by Mr Dange, it shows there is a cognizable and serious allegation against him of corruption and misuse of his office to protect ppl involved.....

.....in money laundering cases. I have no hesitation to read out but let Mr Jethmalani read out first. I hope he refers to these complaints etc.

None is above the law be it Mr #ParambirSingh or anyone else.

J Shinde: Who is the officer holding enquiry ?

Khambatta: Additional Chief Secretary Planning (for probing violation of service rules)
ADGP, Anti Corruption Bureau (for probing corruption allegations)

The landmark #LalitaKumari case allows us to infact lodge FIRs against him but we have started with enquiry as of now

Khambatta: We are only on maintainability of this petition. If Milords think it is maintainable, we will argue on the merits too, especially the February 2021 complaint by Mr Dange that runs into 10 pages.

Prosecutor Yagnik: Firs enquiry was initiated for fact finding on dereliction of duty. So far Mr Parambir Singh hasn't submitted any reply.
ACB is also enquiring.

J Shinde: Is #ParambirSingh put to notice in view of the new enquiry?

Yagnik: No. Not yet.

#BombayHighCourt

Bench asks Adv Gunjan Mangla, junior of Adv Jethmalani for #ParambirSingh as to by when would he (Jethmalani) be available for making submissions.

Mangla: He should be here within a few minutes.

#BombayHighCourt
#ParambirSingh

Bench takes a 15 mins break till Jethmalani comes before the court through VC to argue.

#BombayHighCourt
#ParambirSingh

Jethmalani argues.
This enquiry is nothing but an attempt to thwart the probe against @AnilDeshmukhNCP

I have submitted transcripts of my meeting with @DGPMaharashtra but his counsel didn't touch that in his submissions.

#BombayHighCourt

Jethmalani: Milords will have to first decide if these enquiries ordered are departmental one. If that is decided the course of this plea would be clear.

The first enquiry is ordered by the then home minister #AnilDeshmukh

Jethmalani cites #ParambirSingh's letter against @AnilDeshmukhNCP
The preliminary enquiry orders passed by state home dept on April 1 & April 20 are passed in haste and without application of mind. The April 1 order for enquiry mentions my allegations against Deshmukh

Jethmalani: The enquiry order refers to the #AntiliaBombScare case. It states how my client failed to control his juniors including #SachinWaze who are allegedly involved in the bomb scare case.

#BombayHighCourt

Jethmalani: The state says that my client's conduct brought disrepute to the government and tarnished it's image. But is it wrong to call out that a sitting minister is guilty of corruption ?

Mr Sanjay Pandey, is the @DGPMaharashtra of the state....

.....he is empowered by the state to enquire into allegations against his own officers. The very order for enquiry shows that this wasn't an administrative enquiry but a criminal/preliminary enquiry ordered under provisions of Criminal Code of Procedure (CrPC)
#BombayHighCourt

Jethmalani: Thus, my humble submission is this isn't a administrative enquiry as is being shown. And thus, my petition is maintainable.
Now, see the timeline. The complaint by Mr Dange was filed in February and the state woke up to it only in April.

#BombayHighCourt

Jethmalani: My client is a whistleblower. Let me clarify he isn't a self-proclaimed whistleblower but this fact has been accepted by the High Court as well as the Supreme Court by accepting my letter against @AnilDeshmukhNCP

All this is now being done to retaliate and....

.... disturb the probe by the #CBI against the then home minister.

Jethmalani: Now see the reply filed by the state to my petition. It only speaks on maintainability and say nothing about my contentions.

Even Sanjay Pandey hasn't filed the affidavit. Why he recused???

Jethmalani: Why is the state supporting Sanjay Pandey? Why isn't it distancing itself from him??

I don't want to be rhetorical but what is happening in this state? The home minister is running an extortion racket. Whistleblower is being punished.

Khambatta for the state intervenes. Asks Jethmalani to exercise restraint as the allegations are unproven.

Jethmalani: Most ministers of your govt are facing serious allegations. Everyone is trying to suppress a major crime.

Jethmalani is now speaking about #ParambirSingh's meeting with Sanjay Pandey, @DGPMaharashtra who allegedly advised him to stop his fight against the system.

He told my client that they will terrorise the whistleblower.

Jethmalani: Mr Pandey had also written a letter against the govt yet the govt wants him to continue. He then withdrew his letter and wants me to do the same. Why is the state govt tolerating such a DGP?

The state saw that DGP couldn't convince me and now have come up with...

....bogus cases against me.
Pandey told me that if don't take back my letter against Mr Deshmukh then the state will file multiple bogus cases against me. And exactly that has happened. It is like a pre-planned script

My meeting with him lasted for 45 minutes.
#BombayHighCourt

Jethmalani is now reading the transcript of the meeting between #ParambirSingh and Sanjay Pandey, wherein the DGP allegedly asked the former to withdraw his letter against #AnilDeshmukh.

The state is complicit and now wants to obstruct justice delivery.

#BombayHighCourt

Bench rises for lunch. Hearing to resume by 2:30pm

Hearing resumes.

Jethmalani continues to read the transcript of #Parambir Singh and Sanjay Pandey's meeting.

#BombayHighCourt

Jethmalani while reading the transcripts is stating how Sanjay Pandey tried to convince #ParambirSingh to write another letter to @CMOMaharashtra to withdraw his allegations against the then home minister.
Reads out Pandey assured Singh that enquiry against him would b closed

Jethmalani: The state says that now the enquiry has been allotted to some other officer and not Pandey. But that doesn't take away my grievance but my grievance continues that this is a vitiated enquiry. As Pandey stated to my client that the enquiry was against my letter.

Jethmalani: Subsequent circumstances confirm the authenticity of Pandey's communication with my client. The position today, unless state and Pandey file affidavits, malafides are proven and established.

Jethmalani: My client hasn't been summoned till today in any of these enquiries. This means that these enquiries were just to keep a gun on my head. To threaten me. And now they have started filing FIRs against me. That can be said to be stage 2 of threatening me.
#BombayHC

Jethmalani: The second enquiry initiated against me under complaint of Mr Dange, the Prevention of Corruption Act would apply. Section 17 of this act provides for no preliminary enquriy against a public servant.

#BombayHighCourt
#ParambirSingh

J Shinde points out that in the morning session prosecutor Yagnik had told the bench that #ParambirSingh hasn't responded to any of the enquiries yet.

Jethmalani: No that is incorrect. No summons have been issued to my client yet.

#BombayHighCourt

J Shinde: So as of now, we close this matter for passing orders on maintainability. If the order is in your favor, we will hear the matter further. But if now, the matter ends there.

Khambatta seeks to argue for a few minutes. Objects to Jethmalani's contention that.....

....these enquiries are criminal or preliminary enquiries. He (Jethmalani) is taking names of #SachinWaze #AnitilaBombScare etc is just to sensationalise this matter and nothing beyond that.
Enquiry isn't ordered under CrPC provisions

#BombayHighCourt
#ParambirSingh

Khambatta: Reads out from #ParambirSingh's petition, the grounds on which he has challenging the enquiries. It states that the enquiries are to check if All India Service Conduct Rules are breached but says that state has no business in this case. That's surprising.

Khambatta: In the petition he (Jethmalani) says it is an administrative service law enquiry but now before my Lordships he is arguing that it is a criminal enquiry. How can someone argue contrary to their own case made out in the petition?

#BombayHighCourt

Khambatta: Mr Jethmalani hasn't argued anything on objection raised by us to his client's petition.
Many a things in #ParambirSingh's letter aren't mentioned in the recorded transcripts placed before this court. He is trying to suppress certain facts.

#BombayHighCourt

Khambatta: Citing SC judgments, the contention of vendetta cannot be a ground to discard the proceedings. He is only trying to hijack the proceedings alleging vendetta.

Dange's report makes serious allegations against #ParambirSingh

J Shinde: We are closing this matter for orders.

Jethmalani: One more point to highlight. The two gentlemen entrusted with the enquiry are much junior to my client

Khambatta disputes it

J Shinde: We have noted the submissions & now we close this matter for orders
Hearing ends