[Param Bir Singh VS Anil Deshmukh]"Don't View Yourself So High, Law is Above You":LIVE UPDATES From Bombay High Court
CJ asks the Advocate General to make submissions for the state.
AG- First and foremost important point is that the PIL is not maintainable. He is vitally interested in both the prayers. In the body of the petition, he is playing the victim card.
#ParamBirsinghLetter #BombayHC
CJ Datta- Let us look at the exceptions in Lalita Kumari. But tell us, has a complaint been made to either the state police or the CBI.
Nankani- If the complaint is made to the highest functionary, and no action is taken, the court under 226 can always step in.
#BombayHC
The court says there is no affidavit of ACP Sanjay Patil..t
Court - Therefore assuming whatever you have said is correct, do you support the principle of law that without any FIR there cannot be an investigation?
Nanakani- These are not light statements. I have said that I have discussed these issues with the CM, Dy CM and President of the Nationalist Congress Party. I have named the perpetrators of the crime...
CJ Datta - Is there any first-hand information that the Home Minister said something in your presence? Is there an affidavit annexed of any of the officers that this was said to them or in their presence.
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CJ Datta - Is there any first-hand information that the Home Minister said something in your presence? Is there an affidavit annexed of any of the officers that this was said to them or in their presence.
Adv Nankani cites Vishwanath Chaturvedi vs Union of India.
https://t.co/y38myQowCS
Nankani- Facts are similar to our case. A representation was made to the Governor.
CJ Datta states the Bench is aware of the Lalita Kumari Judgement.
CJ- Don't cite that, tell us one judgement that it is within our power to direct that an FIR should be lodged.
CJ Datta- But where is the FIR here to direct further investigation? An FIR is the first step into setting the criminal law in motion.
CJ Datta says that a case had come up in Bengal and it was ultimately decided by a Constitutional Bench, which said that a court can direct CBI investigation even when the State has withdrawn consent.