Thread by @fpjindia

#BombayHighCourt to continue hearing petition by IPS officer #RashmiShukla challenging FIR against her in alleged #PhoneTapping case

freepressjournal.in/mumbai/fpj-leg…

Hearing before division bench of Justices S Shinde ans N Jamadar

Shukla’s counsel Mahesh Jethmalani starts arguments.

#BombayHighCourt #RashmiShukla #PhoneTapping

Jethmalani - Advocate General had told HC on March 31,2021 that “Nothing of substance was found” with regard to Shukla’s report.
Findings were of March 25,2021.

#BombayHighCourt #RashmiShukla #PhoneTapping

Jethmalani- Then why was FIR filed very next day, March 26,2021? Stringent Official Secrets Act was invoked. This is draconian act 2 protect sovereignty of state.
Why did Advocate General not tell Hc that FIR had already been filed?
#BombayHighCourt #RashmiShukla #PhoneTapping

Jethmalani - They (State) are trying to subvert legal process.

#BombayHighCourt #RashmiShukla #PhoneTapping

Jethmalani- Till today, state has not filed any affidavit in reply. They targeting me as I am a witness.
Permission for interception was granted on 3/4 occasions. He (Kunte) knew it and is denying it today.

#BombayHighCourt #RashmiShukla #PhoneTapping

Jethmalani - All this is to show malafides against my client (Shukla) in the FiR.

#BombayHighCourt #RashmiShukla #PhoneTapping

Jethmalani concludes arguments.

Former Additional Solicitor General Darius Khambata starts arguments on behalf of State government.

#BombayHighCourt #RashmiShukla #PhoneTapping

Khambata - It is absolutely frivolous and reckless charges. FIR pertains to theft and leakage of phone tapping — which she herself admits is too secret.

#BombayHighCourt #RashmiShukla #PhoneTapping

Khambata - It (FIR) does not charge her with any offence. It is against unknown persons. His (Jethmalani) arguments seem like a confession. She will be hoisted on her own pedestal.

#BombayHighCourt #RashmiShukla #PhoneTapping

Khambata - FIR does not concern corruption in transfer of police officers, or phone tapping or Mr Kunte or CNI investigation into police transfers with regard to former home minister Anil Deshmukh.

#BombayHighCourt #RashmuShukla #PhoneTapping

Khambata - When one doesn’t have a case, he takes everyone on a Bharat Yatra. Obviously no one can say we are not concerned with the security of the state ans justice.

#BombayHighCourt #RashmuShukla #PhoneTapping

Khambata- There is no charge against her. Entire argument is for quashing of FIR. We have to see whether charges are made out in FIR

#BombayHighCourt #RashmuShukla #PhoneTapping

Khambata - since there was no notice issued by the court, the state has not filed any reply.

#BombayHighCourt #RashmuShukla #PhoneTapping

Court - After three days of arguments you raise question that there was no notice issued.
Khambata - I do not want petitioner to argue that since no reply is filed, everything in her petition is admitted.

#BombayHighCourt #RashmuShukla #PhoneTapping

Court asks @CMOMaharashtra to file reply by September 4. Shukla to filed rejoinder affidavit, if any, by September 9.
Petition kept for hearing on September 13.

#BombayHighCourt #RashmuShukla #PhoneTapping