Thread by @barandbench

Bombay High Court is hearing plea by former IRS officer Sameer Wankhede seeking quashing of FIR by CBI alleging corruption and extortion.

@swankhede_IRS @narcoticsbureau @CBIHeadquarters

Sr Adv Abad Ponda: I have been appearing before the CBI. I was granted protection.

Adv Kuldeep Patil for CBI: The reply was sought on the aspect of Section 17A. and that NCB was to clarify, which they have in their affidavit.

#SameerWankhede #CBI #NCB

Patil: Meanwhile he has gone ahead and shared chats.

Court: When the matter was subjudice what was the need for circulating the chats?

Ponda: I have only circulated what is in the petition. Not beyond that. The petition may be sealed.

#SameerWankhede #CBI #NCB

Court: When you have subjected yourself to this court, why did you go to media?

Ponda: I have not gone to the media. I am sorry. I did not share. It is limited to the petition. What is beyond the petition is not in the media.

#SameerWankhede #CBI #NCB

Patil: Their contention was approval was not granted in time. NCB have taken out all dates, and they have shown that the approval was taken in 21 days. That day, there was confusion on the dates. Considering this position, the interim was granted. Now the interim cannot continue.

Court: We will keep the matter on Wednesday. You file an affidavit clarifying.

Patil: I do not file an FIR disclosing my investigation at this stage. We have filed an FIR with the necessary sanction. 10 days of investigation, I do not want to reveal anything.

Patil: the reply was to be about the 17A notice. That NCB affidavit clarifies.

Court: So then, why not file an affidavit saying you are relying on their affidavit.

Patil: I will make that statement.

#SameerWankhede #CBI #NCB #AryanKhan

Ponda: The only issue is this. They have proceeded to file an FIR in May. They have issued me a section 41A of CrPC notice. 41A says that when notice is issued, it means that they will not arrest me.
We moved Delhi because matters arose in Delhi and they protected me till Mon.

Ponda: So I moved this court on Friday.
on law, the 41A notice stage has not reached. It is not their saying that I am not appearing. This matter arises out of an old matter, where there was an order passed. I was sought to be chargesheeted.

Ponda: and the CAT said without hearing him do not take action.
You have been hearing me on Saturday, Sunday. The hearing has started why trouble the vacation court. Hear me in detail. Let me file the reply.

#SameerWankhede #CBI #NCB #AryanKhan

Ponda: It is not the prosecution case that I did not appear on Saturday, or Sunday or I won’t appear on Wednesday. I was involved in a sensitive case where there were some accused and they were big shots. So now they are getting back at me.

#SameerWankhede #NCB #AryanKhan

Ponda: I will battle this, I have been at different forums. The person who has been behind this has filed the affidavit by NCB, is my superior and he was apprised of every step of this investigation. The chats came before SET..

#SameerWankhede #NCB #AryanKhan

Ponda: The affidavit that they have filed today (NCB) tells us that they got the approval on May 11, 2023.

#SameerWankhede #NCB #AryanKhan

Ponda: You were expected to get this first, even before you got your approval. Now you want to rush the hearing and get the interim vacated. The approval you have got now, does not answer my questions. This is a hogwash.

#SameerWankhede #NCB #AryanKhan

Ponda: Your enquiry was going on since October 2021, you were supposed to take the approval first. And when there was CAT proceedings going on, why did you even initiate departmental enquiry.

#SameerWankhede #NCB #AryanKhan

Ponda: all of this is to ensure that an honest officer is brought on the road for taking down the tall and mighty. The High Court order had also said that prima facie it seems stage for 41A has not reached.

#SameerWankhede #NCB #AryanKhan

Ponda: The reason for 41A has not reached. If you do not want to arrest me, then why did the court have to protect me. The FIR comes now, because there is vacation in courts.

#SameerWankhede #NCB #AryanKhan

Ponda: You are still questioning me on facts. This is an old case. I have not circulated any chats. The chats had been annexed in the petition because of the allegations against me.
I have been called an upright officer and now after 2 years you come that there was corruption.

Ponda continues reading chats in court.

#SameerWankhede #NCB #AryanKhan

Ponda: The reply does not say that they had approval before May 11, so the entire material that they had collected before that is bad in law. After they record my statement, they may come to a conclusion that they may need my custody. But let them reach that stage.

Ponda: Let the pleadings be completed. It is not just prior approval. They have spoken about other demands. vested interests of other people.

#SameerWankhede #NCB #AryanKhan

Ponda: I want to bring on record the violations of rules. It is not difficult for me to file counter. They are still hearing me on 41A stage. This process will go on for days or weeks. Hearing on Wednesday will be a premature stage.

Patil: Offence is under 7, 7A of PCA.

Patil: That is disproportionate assets. That doesn’t even need sanction. The chats he is referring to is of the time when the accused was in jail and the father had messaged him. Ultimately the son was given clean chit. The request of that father, he is treating as a certificate

Patil: The law is clear, go through the ingredients of the FIR. If the FIR shows there is prima facie offence, then it won’t be quashed. If it doesn’t it will be. Till date there is no mention about contents of FIR.

Court: You did not file your reply.

#SameerWankhede #CBI

Patil: But there is an FIR. Let us go through the FIR.

Court: NCB has filed reply. You also file.

Patil: Let us go through the FIR.

Court: We are not there. This is for the protection. Look at what the previous order says.

#SameerWankhede #NCB #AryanKhan

Patil: But we are investigating. Blanket protection may not be granted. What if he does not comply with the notice?

Court: There is no blanket protection. What is the purpose of the notice? That the accused remain present for investigation. He has given an undertaking.

Court: The order says “prima facie, the question of invoking Section 41A(3) and (4) of Cr.P.C. does not immediately arise”.
Do not be under the presumption that he will get blanket protection. No one gets blanket protection.

Patil: Let us not prejudice the IO. He has remedy before the CBI court for anticipatory bail.
Milords may grant him time to file reply. But let this issue be decided. Let us hear him first day of reopening.

Court: Check if your officer can make statement.

Patil: He is saying he does not have instructions to make a statement.
The reply was required to reply on 17A, and NCB has filed its reply with that aspect.
The offence under corruption has to be investigated. The inquiry under service rules does not require sanction.

Patil: FIR starts with the approval.

Adv Manisha Jagtap for NCB SET: The enquiry was under the NCB, and after the SET report it was sent to the Home Ministry, which sent it to the CBI.

Court: That enquiry was not under CBI.

Jagtap: No that was SET under NCB. So there is no requirement of prior approval.

Court: You want how much time?

Patil: 2 weeks.

Order: NCB tenders across bar their reply.

#SameerWankhede #NCB #AryanKhan

Order: As far as approval under 17A is concerned, CBI wants to adopt the reply filed by NCB.
To this, Ponda, seeks some time to file counter. submitting that, there are detailed factual allegations that need to be rebutted in the matter before the matter is heard any further.

Order: Patil submits that the order of May 19 may come in the way of any arrest or action that CBI would want to take under section 41A of the CrPC. And therefore said order cannot indefinitely continue. he would submit that investigation is going on

Order: and petitioner has been attending the investigation. He submits that on the prayers of writ petition, for quashing, a detailed reply would be needed adn seeks time to file the same.

Order: He submits that investigation is going on petitioner woudl be required to attend to the investigating agency as and when called for and also that the petitioner should not trasmit any messages to the media or to any other person with respect to the subject matter of FIR.

Order: and also not tamper with evidence. If these conditions are met, then arrest will not take place.

NCB states that approval under 17A was taken prior to FIR and prior approval was taken in October
Heard consel for CBI and NCB.

Order: Place matter on June 8 by which date the CBI will have filed a reply. Let CBI file reply on June 3. Protection granted till May 19, extended till next date till following conditions.

Order: Petitioner shall not publish any material by way of whatsapp or any other mode on the subject matter of petition or investigation or give press statement or tamper with evidence in any matter whatsoever.

Order: Give an undertaking to that effect. and shall attend to the investigation agency as and when called for by concerned officer. Petitioner to give an undertaking affidavit by today.