Thread by @barandbench

#AnilDeshmukh alongwith his associates Sanjeev Palande, Kundan Shinde and dismissed #MumbaiPolice cop Sachin Waze produced before Special #CBI Court for extension of remand.

#CBI seeks additional 5-day custody.

@AnilDeshmukhNCP

Deshmukh and 3 others are presently in #CBI custody in connection to the corruption case registered after #BombayHighCourt directed enquiry.

SPP Ratan Deep Singh for #CBI: further custody is required to confront them with more witnesses. Hence we need additional 5 days of custody.

#AnilDeshmukh

Senior Advocate Vikram Chaudhri for Deshmukh: There was a petition filed in #BombayHighCourt challenging the order allowing remand.

Chaudhri: Let me try and bring out fundamental aspects of the case. Procedure of law, is it being followed, or compliances are in breach of Article 21, that has to be looked into.

#AnilDeshmukh #CBI

Chaudhri: Exactly one yr has elapsed after FIR. Then they issued me notice under 41A of CrPC. The present man, accused, had been in custody for a separate case under #PMLA.

Chaudhri: After Nov 2, he wrote to CBI, come and interrogate me. They even came when I was in judicial custody. This arrest came just few days before ED bail case.

Chaudhri: For one year, no intention to arrest, no requirement. Notice issued under 41A. You have power to arrest, no doubt, but then the exercise of power… the arrest coming at the foot of the bail hearing.

Chaudhri: Your lordships will be performing a solemn function,

Was there nexessairy to arrest, was it avoidable? If arrest made, should custody be given?
That satisfaction is something very cardinal.
Despite several directives, that people who are of old age..

Chaudhri: suffering from ailments, arrest ought not be made, I have been arrested.. I am not asking for preferential treatment, I am only saying treat me as in accordance with law.

Chaudhri: Remand application says he is not answering, he is not bound to answer. He has a fundamental right to silence.

Their application comes across that whatever they put is the gospel truth. That whatever they put in the application ought to be considered.

Chaudhri: They could have arrested me under Section 41A… Their action was anything but legal, I will leave it at that. I will not use any other word.

#AnilDeshmukh #CBI

Chaudhri: I am only placing my side of the story.

SPP: Let me interrupt right now. This is the second instance of remand, we are seeking extension. The legal points have been made, and the judge has considered all arguments,

Court: I am only considering at this stage whether extended police custody ought to be granted or not.

Hearing to continue at 3 pm.

Hearing begins.

Chaudhri: Today the concluding point is - during the period of custody the accused have been interrogated at length… hey have been confronted with other witnesses and evidence. Accused persons have not come out with complete truth.

Chaudhri: Evasiveness to facts and not coming out with complete truth, hence they are required in custody, is what the remands states.

Chaudhri: So the vital aspect is they have completed confrontation. He is 73 years old. He is suffering from ailments.

Advocate Shekar Jagtap for Palande and Shinde states: conduct by CBI has to be considered. I was confronted with 9 accused in 7 days.

#AnilDeshmukh #CBI

Jagtap: Kindly reject their plea for remand and remand me to judicial custody. Milords can check all CCTV footage, where my colleague was made to sit near gents toilet for hours till my client was interrogated.

#AnilDeshmukh #CBI

Counsel for Kundan Shinde states that he is personal secretary for Deshmukh, hence the offence doesn’t really make out against him.

Adv: I have co-operated with the investigation. Those answers may not be upto mark for CBI, but I am co-operating. I may be remanded to JC.

Adv Rounak Naik for Sachin Waze: I am conceding for police custody for two reasons as I had done on last day.
This entire case has been unearthed at my instance.
I have been police before, I know the importance of custody interrogation.

Naik: Waze’s statement under Sec 164 has already been recorded. I have revealed what I had to, and hence I am seeking police custody. Milords may peruse that.

SPP: As per application, I have specifically mentioned, that it is for interrogation and to confront with witnesses. If we have said interrogated at length, does it mean there is nothing further to be interrogated?

SPP: Assuming that they are sent to judicial custody, then also the purpose of CBI can be fulfilled, because they can go to jail and interrogate. But I cannot do so by bringing people with me.

SPP: Hence we are seeking further remand.

So that truth can come out. Considering the gravity of offence and persons involved, it is not like once or twice custody will work. They also take breaks in interrogation.

Adv Aniket Nikam for Deshmukh rejoins: We have co-operated with the investigation without any breaks. These allegations are in air. Fundamental rights of the accused are in question.

Court closes application for orders.

#AnilDeshmukh #CBI