Thread by @barandbench

Former #Maharashtra Home Minister #AnilDeshmukh produced before Special #CBI Court at Mumbai for remand in connection to corruption case registered after #BombayHighCourt directed enquiry.

@AnilDeshmukhNCP

SPP Ratan Deep Singh for #CBI: We are seeking further custody of Mr. Deshmukh.
The rest, Sanjeev Palande, Kundan Shinde (Deshmukh’s associates) and dismissed Mumbai cop Sachin Waze can be sent to JC.

#AnilDeshmukh #CBI

SPP: Allegations regarding transfers and posting, confrontation needs to be done, hence we need further custody.

#AnilDeshmukh #CBI

SPP: Corruption in transfer of police officers, one of the allegations in the FIRs against Deshmukh. We need to confront him with the other accused. Important aspect.. We need to identify which police officers received the benefits,

#AnilDeshmukh #CBI

SPP: Since it is alleged that bribe was demanded for transferring cops. Three more days custody is needed.

#AnilDeshmukh #CBI

Adv Aniket Nikam for Deshmukh: Please see their very first remand copy. Date was April 6 and my client was given in their custody till April 11. The grounds mentioned in the first remand report state that Deshmukh is required to he confronted with other accused persons.

Nikam: ... as well as other witnesses to unearth truth. When first remand was sought one of the grounds was confronting with other accused, suspects and witnesses. This aspect was also noted by this court in its first order remanding my client to their custody till April 11.

Nikam: Now please see second remand report... Same ground is mentioned .. only new ground was that my client was evasive and thus further interrogation and confrontation is needed.

#AnilDeshmukh #CBI

Nikam: now please see today’s remand report, no allegation that I am non-cooperative. They say that in third allegation they need to interrogate my client and to confront him with other persons.
This is just a pseudo reason to seek my custody ... Is this the way they probe?

Nikam: For other accused they seek JC but for my client they don't want to send me to Judicial Custody. They need to justify for instance from last 11 days we have confronted with around 30 persons and in the next 3 days they will confront my client with 15 more persons.

Nikam: They are using a stereotypical grounds.

NIkam cites #SupremeCourt order which says police custody cannot be given as per the whims of the probe agency.

#AnilDeshmukh #CBI

Nikam: Detention in custody particularly police custody is disfavored by law cites SC order. When I was arrested in PMLA matter, I wrote two letters to this agency requesting them to come n interrogate me. First letter on November 8 second on November 16, 2021.

#AnilDeshmukh

Nikam: I have always cooperated with them when they raided my premises, when they interrogated me while I was in JC in PMLA matter. They have never said that I was non-cooperative or evasive.

#AnilDeshmukh #CBI

Nikam: Suddenly that was said in their second remand report but even today they don't say that I was evasive. They need custody on some flimsy grounds, they want to obtain a confession which in the eyes of law is non-admissible.

#AnilDeshmukh #CBI

Nikam: They have failed to properly investigate the case, there hasn't been any progress in the probe, the remand reports are merely copy paste no change in even the setting of paragraphs. Please consider the vairous ailments my client is suffering from.

#AnilDeshmukh #CBI

SPP: The issue raised is regarding that we haven't come up with a satisfactory ground for seeking custody.
The court has been satisfied everytime and has accordingly granted us the custody.

#AnilDeshmukh #CBI

SPP: The court has seen our case diaries which details who all have been confronted with the accused. There is a possibility that the criminal involvement of other persons can also be unearthed thus we need to confront him with other suspects.

#AnilDeshmukh #CBI

SPP: There is a strong possibility that other accused will be named. These can be police officers, who have paid bribe and have got favourable posts. His medical condition is taken care of by the CBI.

#AnilDeshmukh #CBI

SPP: There isn't any allegation that his medical conditions aren't been looked after. His letters aren't binding on us. CBI isn't going to work as per the accused’s whims. We decided to interrogate only after we found proper material.

#AnilDeshmukh #CBI

Nikam: as allowed by this court… An advocate was present during the interrogation. My instructions are only two or three persons were confronted.

#AnilDeshmukh #CBI

Nikam: If such stereotypical grounds are allowed then all the agencies in future use this ground if confrontation and take custody of as many days as they want.

#AnilDeshmukh #CBI

Adv Shekhar Jagtap for Palande: CCTVs be preserved.

Special judge: Has CCTV been installed in the room or not. U have to disclose if there are CCTVs installed in the interrogation room…

#AnilDeshmukh #CBI

SPP: CCTVs are there in the entire building but not in the interrogation room. But that isn't an interrogation room. It is a big hall with air conditions. It is used to confront accused with other persons in a case.

#AnilDeshmukh #CBI

SPP: They used to sleep in the same room. We never kept in the lockup. There is adequate security there.

Jagtap: Jurisprudence of human rights protection is showing that state isn't taking law in its hands.

#AnilDeshmukh #CBI

Jagtap: Safety and security of detained persons needs to be confirmed by judicial authorities even during the stage of judicial and police remand.

#AnilDeshmukh #CBI

Jagtap: CCTV camera is a mandate in law and it isn't a choice that you will install at ‘a’ place and not at ‘b’ place. Object here of the CCTVs is to ensure there is no physical or mental torture to the accused or detained person.

#AnilDeshmukh #CBI

Jagtap: Do I need to show my torture to prove that CCTVs weren't there!

#AnilDeshmukh #CBI

Court: Order at 3.30 pm.

#AnilDeshmukh #CBI

Order in plea seeking extension of custody of former #Maharashtra Home Minister #AnilDeshmukh with #CBI in corruption case to be pronounced shortly.

Order: Special Court has rejected the plea for #CBI custody of #AnilDeshmukh.

All four accused are taken to judicial custody.