Thread by @lawbarandbench

Bombay High Court to begin hearing plea seeking fair probe in the death of businessman Cyrus Mistry.

#BombayHighCourt

Petitioner: permission on forensics expert opinion on the effect of drinking on drivers.

Court: this is criminal PIL. You go before Magistrate.

Petitioner: I am conceding.

Court: But we are not saying the Magistrate is to hear you also.

#cyrusmistry

Court: Whatever steps you have to take, you take, and go before the Magistrate.

Petitioner: As citizens, we have right to give information. She aas drunk, this happened in hangover.

Court: How do you know this?

Petitioner: This is from an information I got, plus newspapers

Petitioner: Since this is PIL.

Court: This seems to be publicity interest litigation. Not public interest litigation. You do not have personal knowledge of anything.

#cyrusmistry

Court: We can entertain when public at large is affected.

Petitioner: This would have been different had it been a different person.

#cyrusmistry

Petitioner reads out Subramanium Swamy judgment.
Till today Respondent 7 is not arrested.
The law is different for high and mighty.

#cyrusmistry

Court: We are not direcitng you to go to any place. We are only on admitting of the plea.
What is the source of your information?

Petitioner: I cannot say because it is confidential.

Court: One of your statements in pleading is false.

Petitioner: It is based on press reports.

Order: Petitioner seeks directions against r4 & 5 to incorporate 304 II instead of 304A of IPC in the FIR of Palghar police station.

Petitioner seeks directions to incorporate section 304(9) of IPC and further directions.

Order: petitioner submits that r7 was guilty of dangerous driving which led to death of two co-passengers.
Petitioner on basis of info recieved has filed present pil.

Order: According to petitioner the PiL is maintainable. To substantiate he relies on Subramanium Swamy.

Order: counsel submits that some of the averments were baded on press reports and confidential information.
The law enforcement machinery is adopting dual stds. One for powerful and one for poverty stricken.

Order: Rafique dada asks for dismissal with cost. He relies on Sakeri Vasu.

Order: The forensic report of agency is submitted by Aabad Ponda. he relies on Iffco Tokio case.

#cyrusmistry

Order: We have considered submisisons. It appears that petitioner without a substantive knowledge of the facts has presented this PIL.

Order: In page 33(b), blood sample of Anahita were not collected. Upon being confronted that said statement may nt be in tume with actual facts on record

Order: When petition is filed, pleadings are on oath, they cannot be casual and wanton pleadings. They rely on pleadings.

Order: Even the statements about drunk driving of accused are not supported by any evidence on record.

Order: When a petition is to be filed in court it has to be substantiated by facts. Especially in PILs. The petitioner is not in know of facts personally. He is not remotely connected to the issue.

Rder: In present sceanario petition ought not be filed and not with such lose statements.

Order: Charges are to be framed, chargesheet is already filed. We do not see any public interest involved in the pil.

Order: we find the present pil to be without substance or merits or without cause. We dismiss with costs.

#cyrusmistry