Thread by @lawbarandbench

#BombayHighCourt is hearing the plea filed by #Maharashtragovernment against summons issued to Chief Secretary of Maharashtra and Director General of Maharashtra Police in connection to the case against #AnilDeshmukh.

Senior Advocate Darius Khambata appearing for #Maharahstragovernment seeks permission to remove mask to argue.

ASG Aman Lekhi for CBI: I am not able to hear him. His mike is muted.

Khambata: I was only seeking permission to remove my mask. I hope there is no objection to this.

Lekhi: No no. I have no objection. You can remove whatever you want to remove.

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Khambata: The investigation that their lordships ordered on April 5 is an investigation into aspects of transfer and posting in the state of Maharashtra pertaining to #AnilDeshmukh. They did it on the footing that there are serious matters to be considered.

Khambata: The accused is the ultimate investigation was to be done on the Home Minister and instead of making the state police machinery investigate, it was deemed fit to give it to an independent body.

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Khambata: On the 26th day, the gentleman who was investigating the transfer posting was promoted as CBI Director.

Lekhi is unable to hear Khambata again.

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Khambata continues after his mike starts working.

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Khambata: At this stage (preliminary enquiry) Subodh Jaiswal was not the director. He was apponted on May 26 2021. Till that point there was no officer which had so much involvement.

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#AnilDeshmukh

Khambata: The ratio of the April 5 order was clear, it was supposed to be investigated by an impartial third agency.

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#AnilDeshmukh

Khambata: Then a writ petition came to be filed by Maharashtra government, against the transfer posting allegations in the FIR. While dismissing that petition, the high court gave the scope of the investigation.

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#AnilDeshmukh

Khambata cites judgment of State of West Bengal constitutional bench judgment where it was held as to when can CBI be appointed.

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Khambata reads out the minutes of the police board meetings in which Subodh Jaiswal is a party. If this needs to be investigated into, then you will have to be asking the people who attended the meeting why the officers have been transferred.

Khambata: And it will be absurd if an officer will have to put these questions to his director. And it boggles my mind that a potential accused is heading the agency.

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Khambata: This is coupled by the fact that CBI has given undertaking to the Court that they will invetsigate anyone who is an accused.

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Khambata: You therefore have a situation where the director was at the heart of the investigation.

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Khambata: We have a robust system of law. We have judgments of SC saying that investigation be inbiased. We have judgments of this court which says that the probe be independent.

Khambata: But with this.. Make Anil Deshmukh the director of CBI.. but that will be difficult. This is simply similar to that.

Khambata: I am only saying that an independent committee be apponted with retired judge. There is an independent commission of Retired Justice Chandiwal, but irrespective of that..

Khambata: Is the Director going to send a summon to himself!? Or worse, is some junior officer going to send?!

Khambata: I do not see why my learned friend will oppose this..

Khambata: You address a letter to the current DGP who was not in the establishment then, but then you do not send something like this to the then DGP who was in the establishment?

Khambata: Is this how they are conducting their investigation?! Is this what the Court said about free and fair investigation, when they permitted CBI.

Khambata: Unless they put on affidavit that they have sent a summons to #ParamBirSingh, to Subodh Jaiswal…
They have summoned the Chief Secretary and DGP to Delhi.. What is going on?

Court: What is the stage at which we are hearing the matter? Is it final hearing?

Khambata: This is not final hearing.

ASG Lekhi: This is misconceived petition. We will make good our submission. The fulcrum of the case is not in the facts of the case which has been mentioned

SG Tushar Mehta: There is no role of the State. State is trying to protect the accused. The accused needs to be heard if anyone need to be heard. If they feel they are potential accused, then they can approach the petitioner.

Mehta: Something which happened in May 2021, they are seeking a relief now without my reply.

Khambata: Why is this the State’s concern? Is because they have summoned the highest officer of the State.

Court: We also have the same grievance that we are not being heard! We have a suggestion if you allow us. We are saying let them file a reply in a week.

Khambata: They let me argue my matter the whole afternoon and now they want to give their reply?! They could have said that at 2.30 only. In any case, may I request that they serve their reply on Monday?

SG: Monday will be difficult. Milords may give reasonable time to file reply.

Court: We are not going to set a timetable. We will place this on next Thursday at 2:30 pm.