Thread by @barandbench

#BombayHighCourt to continue hearing the plea by IPS officer Rashmi Shukla seeking quashing of the FIR registered by the Mumbai Police for alleged information leak about police postings in the State.

@MumbaiPolice

Shukla submitted before Bench of Justice SS Shinde and NJ Jamadar on Friday that the #MaharashtraGovernment made her a scapegoat in the illegal phone tapping case in order to shield State Chief Secretary Sitaram Kunte.

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Sr Adv Mahesh Jethmalani appearing for Shukla will continue his submissions.

Sr Adv Darius Khambata will then make his submissions on behalf of the #MumbaiPolice.

@JethmalaniM

Jethmalani points out the letter addressed by Maharashtra DGP to the State Chief Secretary Kunte.

Kunte later said that Shukla withdrew her report, which is not possible for a junior officer to do.

#BombayHighCourt

Jethmalani: If there is nothing in the matter, then why this FIR and why suppression of matter by the High Court.
This is attempt to hoodwink the Court to protect the actual criminals.

#BombayHighCourt

Jethmalani: I say that I am unfortunate victim of hostility of the State for doing my duty. I have not leaked this document. They are trying to allege against me because I am whistleblower. I followed procedure under the Indian Telegraph Act.

#BombayHighCourt

Court: We are seeing a limitation in the petition.. Kunte is not a party..

Jethmalani: I am not saying anything against Kunte.. I am only saying the State is acting with malafide, and Kunte is an alter ego. I am not seeking any relief against Kunte.

#BombayHighCourt

Jethmalani: Rashmi Shukla has not committed any offence. The state has sought to hound an individual who has pursued in achieving noble ideas of justice truth..

#BombayHighCourt

Khambata begins his submissions.

Khambata: The arguments advanced are a tribute to the judiciary which patiently permitted such submissions. Let me assure him, that his clients are not the only people who care about truth, transparency, honesty, exposure, etc

#BombayHighCourt

Khambata: I am going to show how frivolous the allegations in the plea are. The FIR pertains to data leak, which the petitioner herself says are top secret. And the FIR is against unknown persons. The arguments seem to be like a confession that there is some charge against her.

Khambata: When she marks her letter with top secret, or writes that only the addressee can open that letter, she knows the contents.
A document and a report which the petitioner states only the addressee can open, is the only thing concern in the present petition.

#BombayHC

Khambata: The CR says that this document got leaked and found its way into the public domain.
This CR does not concern about the transfer or posting and the corruption, or the CBI investigation into it, or Kunte’s report..

#BombayHighCourt

Khambata: 90% of the arguments were on this. It is as important as corruption in police transfers and postings. That such confidential documents were leaked.
But Jethmalani wants no investigation into that, when there is no charge against her.

#BombayHighCourt

Khambata: there is nothing that requires your lordships opinion on such thing. But Jethmalani argued only on this!
I should have thought, that in a petition for quashing of petition, even before notice has been issued, the FIR should have been looked into!

#BombayHighCourt

Khambata: I commend the Indian Judicial system that any litigant can come and make such arguments..

Court: Mr. Khmabata, on the first day, since everyone appeared, and said that the matter can be finally heard and disposed.

#BombayHighCourt

Khambata: I have to make submissions on the maintainability of the petition.

Court: But then since you have pointed out that no notice..

Khambata: We have not filed our reply, and I do not want this to happen, that since the reply is not filed..

Court: We can defer the hearing for your reply..
By two weeks, the petitioners are protected.
We do not want that..

Khambata: I do not want there to be an understanding that everything is admitted because reply is not filed.

#BombayHighCourt

Court: Because all parties are represented on the same day, we do not want this to be a problem. You continue your protection..

Jethmalani: No milord now let there be an order.. You have been making personal allegations…

Khambata: What do you mean by order.. I am not here to argue on Jethmalani’s level of arguments. That is not my style.

Khambata seeks for some time to take instructions on the reply.

Court proceeds to pass order.

Order: But having noticed there is no reply by State, we deem it fit to defer hearing for reply to be filed on record. Since all are represented, notice is waived.

#BombayHighCourt

Matter adjourned to September 13, 2021.