Thread by @LiveLawIndia

BOMBAY HIGH COURT is hearing bookie ANIL JAISINGHANI's plea to quash the FIR against him on a complaint by Amruta Fadnavis, wife of Deputy CM Devendra Fadnavis.

#AmrutaFadnavis #AnilJaisinghani @fadnavis_amruta #BombayHighCourt

Adv for Jaisinghani - I am a proclaimed offender.... Because the complaint is filed by the Dy CM and former CM of Maharashtra therefore the Advocate General had to appear in this case. Otherwise any prosecutor could have appeared.

#AmrutaFadnavis #AnilJaisinghani

Justice AS Gadkari - The prayer no. 1 is for quashing of FIR under PC Act we may not be able to entertain the petition in light of the Madhya Pradesh judgement.

#AmrutaFadnavis #AnilJaisinghani

Adv Mrigendra Singh - Kindly ignore the prayer for quashing the FIR, I'll delete it right away.

#AmrutaFadnavis #AnilJaisinghani

Corrigendum - Complaint by WIFE of former CM and Dy CM.

#AmrutaFadnavis #AnilJaisinghani

Adv Mrigendra - I was arrested in Godhra by Guj Police. Everything was being monitored by the husband of the complainant holding the charge of the home minister.

#AmrutaFadnavis #AnilJaisinghani

Adv Mrigendra - The case was registered against me in Gujarat as well. But the Gujarat police doesn't produce me before a magistrate there. They simply handed me over to the Maharashtra police.

#AmrutaFadnavis #AnilJaisinghani

Adv Mrigendra narrates the allegations. States that his daughter Aniksha who is the primary accused in the case has been released on bail.

#AmrutaFadnavis #AnilJaisinghani

Adv Mrigendra - The petitioner No 2 ( JAISINGHANI's cousin) has suffered three ribs fractures and he suffered from slip disc while in custody.

He adds that Jaisinghani weighs 145 kgs

#AmrutaFadnavis #AnilJaisinghani

Adv Mrigendra - We are only dealing with allegations of illegal detention and custody.

#AmrutaFadnavis #AnilJaisinghani

The Adv reads out article 22 requiring a person arrested to be produced before the nearest magistrate within 24 hours.

"They should have produced me before any Magistrate in Godhra."

Hands over the list of magistrates from Godhra to Mumbai.

#AmrutaFadnavis #AnilJaisinghani

Advocate General Birendra Saraf for the prosecution. Hands over a chart with the series of events leading up to his arrest.

Justifies how the arrest was not illegal.

#AmrutaFadnavis #AnilJaisinghani

AG - He reached Mumbai at 2.20pm on March 20 and 5pm he was arrested after the panchnama. And they were produced at 11am on March 21.

Says that Nirmal JAISINGHANI's arrest is definitely justified. He was one of the persons who took the videos.

#AmrutaFadnavis #AnilJaisinghani

AG says Section 57 of the CrPC contemplates the Magistrate who has jurisdiction over the offence.

(Therefore they couldn't have been produced before other magistrates)

If we exclude the time of travel, they were produced within 24 hours.

#AmrutaFadnavis #AnilJaisinghani

AG - Please have a look at the petition. Except for saying the allegations are concocted and false, there is nothing in the petition to show how is the case made up.

#AmrutaFadnavis #AnilJaisinghani

Adv Mrigendra - "Possession" word is used in their reply. A human being is not taken in "possession".

He says the Magistrate would mean the magistrate at Mumbai. How can that be?... It has to be the magistrate closest to the place from where he was taken into custody.

Justice AS Gadkari says that two judgements cited by Jaisinghani aren't applicable as Jaisinghani has been remanded subsequently.

However, Adv Mrigendra says that if the arrest is illegal, all subsequent remands would be illegal.

#AmrutaFadnavis #AnilJaisinghani

Adv Mrigendra - Why did they prepare the arrest memo here? So they got me without even identifying me? So the arrest and further detention is both illegal. I may be released forthwith.

#AmrutaFadnavis #AnilJaisinghani

Closed for orders.