Anil Deshmukh’s false, incorrect and overruled plea in Supreme Court

 Anil Deshmukh’s false, frivolous, incorrect and overruled plea in Supreme Court

Anil Deshmukh and the State authority affirming the petition need to be prosecuted under sec 191,192,193,199,200 etc of IPC and the petition filed by him and state needs to be dismissed with heavy cost of Rs. 5 Crore or more as done by the Full Bench in the case of Sarvepalli Radhakrishnana University & Anr. Vs. Union of India (2019) 14 SCC 761

Perjury petition is likely to be filed in the Supreme Court shortly.


When legal position is settled by the binding precedents,  then the petitioner taking a plea which is contrary to settled law,  is held to be guilty of conscious disregard of the judgment and guilty of Contempt.

Appointing topmost lawyers in such case, will not help the party when basic cause is hopeless.

Supreme Court had imposed a cost of Rs. 25 Lacs upon one Petitioner represented by Sr. Adv. Abhishek Manu Singhavi.

Court had also directed strict action against public servants involved in conspiracy to loot the public property.

New Delhi: The news published on Live Law news portal (6 April 2021 3:59 PM) stating that the petition filed by Mr. Anil Deshmukh is based on some 5 grounds.

However,  any Junior and even a new entrant in the law field can easily understand that all these  grounds are already rejected and overruled by the Supreme Court in similar case .

In this bilog I am pointing out the actual legal position and I am leaving the decision to the readers conscience, whether Ex Home Minister and Govt. of Maharashtra is abusing the process of law and also causing wastage of  'Tax payer's money'

The blatant false statement made by Anil Deshmukh in his Petition is as under;

"The Court did not consider the non-exhaustion of alternate remedy of approaching the Magistrate under Section 156(3) of CrPC."

Proofs of falsity and dishonesty of Anil Deshmukh's statement on oath:  . The High Court had specifically dealt the said issue in para 68  as under;

68. Since Dr. Patil has prayed for investigation into her complaint by the CBI, she could not have moved the Magistrate under Section 156(3), CrPC in terms of the law laid down in CBI (supra) and Sakiri Vasu (supra). That apart, Sakiri Vasu (supra) also reiterates the settled position in law that if there is an alternative remedy, the High Court should not ordinarily interfere (emphasis  supplied).

63.  Prior to considering such decisions, we may briefly make a reference to the decision of the Supreme Court in CBI v. State of Rajasthan, reported in (2001) 3 SCC 333. The central question arising for decision there was:

“Has a Magistrate power to direct the Central Bureau of

Investigation to conduct investigation into any offence?”

                 Such question was answered in the negative.

 The person making false statement on affidavit is liable to be prosecuted under sec 191,192,193 etc of IPC.

Recently Supreme Court hadordered prosecution against such mischievous litigants in A.B.C.D. Vs. Union of India (2020) 2  SCC 52. Sarvepalli Radhakrishnana University & Anr. Vs. Union of India (2019) 14 SCC 761, M/s New Era Fabrics Ltd. Vs. Bhanumati Keshrichand Jhaveri (2020) 4 SCC 41.

The Human Rights Activist Mursalin Shaikh is filing a perjury petition in the Supreme Court as per information received from his counsel Adv. Nilesh Ojha.

OTHER POINTS PROVING FRIVOLITY OF ANIL DESHMUKH AND STATE'S CLAIM

 The main hurdle to Anil Deshmukh is that, the petition filed by him  is not even maintainable. Similar Petition has already been dismissed in recent past by the Three Judge Bench in Romila Thapar’s case (2018) 10 SCC 753 and in E. Sivakumar Vs. Union of India and Ors. (2018) 7 SCC 365 . Where it is ruled that in a writ petition seeking impartial investigation, the accused has no right to be heard at the stage of investigation.  It is observed thus;

“23. Recently, a three-Judge Bench of this Court in E. Sivakumar Vs. Union of India and Ors. (2018) 7 SCC 365 , while dealing with the appeal preferred by the “accused” challenging the order of the High Court directing investigation by CBI, in paragraph 10 observed:

“10. As regards the second ground urged by the petitioner, we find that even this aspect has been duly considered in the impugned judgment. In paragraph 129 of the impugned judgment, reliance has been placed on Dinubhai Boghabhai Solanki Vs. State of Gujarat, wherein it has been held that in a writ petition seeking impartial investigation, the accused was not entitled to opportunity of hearing as a matter of course. Reliance has also been placed in Narender G. Goel Vs. State of Maharashtra, in particular, paragraph 11 of the reported decision wherein the Court observed that it is well settled that the accused has no right to be heard at the stage of investigation. By entrusting the investigation to CBI which, as aforesaid, was imperative in the peculiar facts of the present case, the fact that the petitioner was not impleaded as a party in the writ petition or for that matter, was not heard, in our opinion, will be of no avail. That per se cannot be the basis to label the impugned judgment as a nullity.””

For the convenience of the reader, the other grounds taken by Mr.  Anil Deshmukh and the relevant binding precedents of the SC which prove the frivolity of his petition are explained as under:

Ground #: The order was passed without hearing Deshmukh. The ex-parte procedure adopted by the Court caused prejudice.

 Actual Legal Position: Such ground  is already dismissed by the Three Judge Bench in Romila Thapar’s case (2018) 10 SCC 753, and in E. Sivakumar Vs. Union of India and Ors. (2018) 7 SCC 365,  as under;

By entrusting the investigation to CBI which, as aforesaid, was imperative in the peculiar facts of the present case, the fact that the petitioner was not impleaded as a party in the writ petition or for that matter, was not heard, in our opinion, will be of no avail. That per se cannot be the basis to label the impugned judgment as a nullity.

 

Ground #: The Court did not take into account the fact that Maharashtra Government has revoked the general consent given to CBI.

Actual Legal Position: Constitution Bench in State of West Bengal and Ors. V/s. Committee for Protection of Democratic Rights and Ors., reported in (2010) 3 SCC 57, had ruled that the High court can direct the investigation by CBI without there being consent by the State Government.

 

Ground #: The Court did not give an opportunity for the State Police Machinery to respond to the allegations.

 Actual Legal Position: Firstly all the submission by the state were already taken in to consideration.

Secondly, in such cases no response of the state is required because they are the interested party. The allegations against Home Minister, Senior Police officials cannot be investigated by the state police. Supreme Court, in a similar case against senior police officials and the then Gujarat Home Minister Amit Shah had laid down the law that such cases has to be investigated only by the CBI.[Rabibuddin Shaikh (2010) 2 SCC 200].

 It was observed by the SC that since the accusations are directed against the local police personnel it would be desirable to entrust the investigation to an independent agency like the Central Bureau of Investigation so that all concerned including the relatives of the deceased may feel assured that an independent agency is looking into the matter and that would lend the final outcome of the investigation credibility. However, faithfully the local police may carry out the investigation, the same will lack credibility since the allegations are against them. It is only with that in mind that we having thought it both advisable and desirable as well as in the interest of justice, to entrust the investigation to the Central Bureau of Investigation.


Ground #: The Court did not take into account the fact that Param Bir Singh made the allegations immediately after he was removed from the post of Mumbai Police Commissioner.

Actual Legal Position: This question is answered by the  Supreme Court in catena of judgments and more particularly in the case of M. Narayandas Vs. State Of Karnataka 2004 Cr. L. J. 822 (SC)  where it is ruled that The High Court cannot anticipate the result of the investigation or render a finding on question of malafides. Even if the Appellant had made the complaint on account of personal vendetta that by itself was not a ground to discard the complaint which had to be tested and weighed after the evidence was collectedas under;

Even assuming that Dharam Pal has laid the complaint only on account of his personal animosity, that by itself, will not be a ground to discard the complaint containing serious allegations which have to be tested and weighed after the evidence is collected. …..

***For this reason the submission cannot be accepted. If as claimed there is no substance in the complaint the investigation will say so. At this stage there were only allegations and recriminations. The High Court could not have anticipated the result of the investigation or rendered a finding on question of malafides. Even if the Appellant had made the complaint on account of personal vendetta that by itself was not a ground to discard the complaint which had to be tested and weighed after the evidence was collected. ”

 

Ground #: CBI enquiry is ordered under Article 226 in exceptional circumstances after the failure of state police is demonstrated. However, no opportunity was given to the State Police to deal with the matter. As per Supreme Court precedents, CBI investigation is ordered after the State Police investigates the matter at the first instance.

 Actual Legal Position: No such law is there. In fact Supreme Court said that in such cases state police should not investigate. Rabibuddin Shaikh (2010) 2 SCC 200.

This issue is already dealt by the High Court in para  82 as under;

We quite agree with Shri Nankani and Shri Jha that an unprecedented case has come before the Court. We also agree with Dr. Patil that directions are required for facilitating an unbiased, impartial, fair but effective probe so that the truth is unearthed and the devil, if any, shamed in accordance with procedure established by law. Here, Shri Deshmukh is the Home Minister. The police department is under his control and direction. There can be no fair, impartial, unbiased and untainted probe, if the same were entrusted to the State Police Force. As of necessity, the probe has to be entrusted to an independent agency like the CBI. While so entrusting, the note of caution in P. Sirajuddin (supra) has to be borne in mind.

 

Ground #: Interim appointments of CBI Director cannot go on. The Attorney General had told the bench that the meeting of the Committee for the selection of CBI Director is scheduled on May 2.

Actual Legal Position: That does not have any impact on preliminary enquiry by the CBI. The submission has no legal sanctity except jugglery of words.

In Urban Improvement Trust,Bikaner vs Mohan Lal (2010) SCC , the Apex Court strongly deprecated the tendency of the Government to challenge the orders on technical and frivolous grounds.

The relevant para reads thus;

5. This Court has repeatedly expressed the view that the governments and statutory authorities should be model or ideal litigants and should not put forth false, frivolous, vexatious, technical (but unjust) contentions to obstruct the path of justice.

…….But instead of remedying the wrong, by complying with the decision of the Consumer fora, the Improvement Trust is trying to brazen out its illegal act by contending that the allottee should have been protested when it illegally laid the road in his plot. It has persisted with its unreasonable and unjust stand by indulging in unnecessary litigation by approaching the National Commission and then this Court. The Trust should sensitise its officers to serve the public rather than justify their dictatorial acts. It should avoid such an unnecessary litigation.

In  V.Chandrasekaran & Anr vs Administrative Officer (2012) 12 SCC 133 the Supreme Court outrightly rejected the appeals with the heavy costs of Rupees Twenty Five lacs.  The appellants were represented by senior counsel  Dr. Abhishek M. Singhvi and Mr. Rajiv Dutta.  Such judgments of the Supreme Court will send a message in the society that the Courts are concerned only with the merits of the case and the identity of lawyer will not affect or influence the decision. Such bold Judges will enhance the respect of the Supreme court in the mind of common public and is also an encouraging factor for deserving junior lawyers.

It was observed by Hon’ble supreme Court that;

“Facts of the case reveal a very sorry state of affairs as how the public property can be looted with the connivance and collusion of the so called trustees of the public properties. It reflects on the very bad governance of the State authorities.

The Chief Secretary of Tamil Nadu is requested to examine the issues involved in the case and find out as who were the officials of the State or Board responsible for this loot of the public properties and proceed against them in accordance with law. He is further directed to ensure eviction of the appellants from the public land forthwith.”

 The relevant paras reads thus;

“ 3. Dr. Abhishek M. Singhvi and Mr. Rajiv Dutta, learned senior counsel appearing for the appellants, have submitted that, since the Section 6 declaration dated 6.6.1981 has been quashed in toto and no fresh declaration was made thereafter, subsequent proceedings are void ab-initio.

..Dr. A.M. Singhvi has not pressed for the relief of reconveyance. However, it is apparent that the appellants’ claim cannot co-exist and can be said to be blowing hot and blowing cold, simultaneously.

.. A party cannot be permitted to “blow hot and cold”, “fast and loose” or “approbate and reprobate”. Where one knowingly accepts the benefits of a contract or conveyance or an order, is estopped to deny the validity or binding effect on him of such contract or conveyance or order. This rule is applied to do equity, however, it must not be applied in a manner as to violate the principles of right and good conscience

In view of the above, we are of the considered opinion that the sale deeds in favour of the appellants are void and unenforceable.

36. In Dalip Singh v. State of U.P. & Ors., (2010) 2 SCC 114, this Court noticed an altogether new creed of litigants, that is, dishonest litigants and went on to strongly deprecate their conduct by observing that, the truth constitutes an integral part of the justice delivery system. The quest for personal gain has become so intense that those involved in litigation do not hesitate to seek shelter of falsehood, misrepresentation and suppression of facts in the course of court proceedings. A litigant who attempts to pollute the stream of justice, or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final.

37. The truth should be the guiding star in the entire judicial process. “Every trial is a voyage of discovery in which truth is the quest”. An action at law is not a game of chess, therefore, a litigant cannot prevaricate and take inconsistent positions. It is one of those fundamental principles of jurisprudence that litigants must observe total clarity and candour in their pleadings. (Vide: Ritesh Tewari & Anr. v. State of Uttar Pradesh & Ors., (2010) 10 SCC 677; and Amar Singh v. Union of India, (2011) 7 SCC 69).

38. In Maria Margarida Sequeria Fernandes & Ors. v. Erasmo Jack de Sequeria (dead), (2012) 5 SCC 370), this Court taking note of its earlier judgment in Ramrameshwari Devi v. Nirmala Devi, (2011) 8 SCC 249 held:

False claims and defences are really serious problems with real estate litigation, predominantly because of ever-escalating prices of the real estate. Litigation pertaining to valuable real estate properties is dragged on by unscrupulous litigants in the hope that the other party will tire out and ultimately would settle with them by paying a huge amount. This happens because of the enormous delay in adjudication of cases in our courts. If pragmatic approach is adopted, then this problem can be minimised to a large extent.” The Court further observed that wrongdoers must be denied profit from their frivolous litigation, and that they should be prevented from introducing and relying upon, false pleadings and forged or fabricated documents in the records furnished by them to the court.

39. In view of the above, the appellants have disentitled themselves for any equitable relief.

Facts of the case reveal a very sorry state of affairs as how the public property can be looted with the connivance and collusion of the so called trustees of the public properties. It reflects on the very bad governance of the State authorities.

43. The aforesaid conclusions do not warrant any relief to the appellants. The appeals are dismissed with the costs of Rupees Twenty Five lacs, which the appellants are directed to deposit with the Supreme Court Legal Services Authority within a period of six weeks.

44. In addition thereto, the Chief Secretary of Tamil Nadu is requested to examine the issues involved in the case and find out as who were the officials of the State or Board responsible for this loot of the public properties and proceed against them in accordance with law. He is further directed to ensure eviction of the appellants from the public land forthwith.”

 When legal position is settled by the binding precedents then the petitioner taking plea contrary to settled law is held to be guilty of conscious disregard of the judgment and guilty of Contempt. [New Delhi Municipal Council    vs  M/S Prominent Hotels Limited (2015) 222 - DLT 706 ]

In Kusum Kumria And Ors.    Vs   Pharma Venture (India) Pvt. Ltd.   MANU/DE/3144/2015, it is ruled that;

 "Grossest Abuse Of The Judicial Process - Pressing pleas contrary to settled legal positions tantamount to grossest abuse of the judicial process.

No relief to dishonest litigants - new creed of litigants has cropped up. Those who belong to this creed do not have any respect for truth. They shamelessly resort to falsehood and unethical means for achieving their goals.In order to meet the challenge posed by this new creed of litigants, the courts have, from time to time, evolved new rules and it is now well established that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final.( Vide.: Dalip Singh v. State of U.P., (2010) 2 SCC 114) )

 The instant case manifests abuse of judicial process of the worst kind -  Filing of frivolous application, adopting dilatory tactics, pleading contradictory stands and pressing pleas contrary to settled legal positions tantamount to the grossest abuse of the judicial process. More so, the entirety of this litigation is misconceived and without any merit. It has had the effect of entangling valuable rights of the defendants in this legal tussle - costs of the present appeal are assessed at a total of `6,00,000/-   in addition to (ii), counsel's fee is assessed at `19,750/- also payable in equal shares by the three appellants. ( para 242)"


 In the light of the grounds mentioned above, it seems that the fate of the petition of Ex. Home Minister as well as the State of Maharashtra, is already sealed!!!

 

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