The order was passed by a vacation bench of Justice SJ Kathawala and Justice SP Tavade
Param Bir Singh had filed a case quashing of and FOR under investigation by the Thane Police, against him for offenses under SC/ST Act, Civil Rights Protection Act, and IPC. The matter was initially called out in the afternoon when the Bench suggested that since the matter was being heard by another bench which would be sitting on Monday, it's better than this matter should be heard next week, the same bench should continue the hearing on this matter.
Mr. Param Bir Singh was being represented by Senior Advocate Mahesh Jethmalani, and the State of Maharashtra was being represented by Senior Advocate Darius Khambata.
When the Bench suggested that they will order for an extension of such protection to Param Bir Singh, Khambata stated that the State should be heard first before passing any order. Senior Advocate Darius Khambata insisted that the matter should be taken, and he had instructed to not extend his statement regarding affording protection to Singh.
Accordingly, the Branch took up the matter after 10;30 pm at the end of the Board. And once again the vacation bench had a working session of more than 12 hours. As the matter was heard till 11:55 pm and the order was passed.
Senior Advocated Mahesh Jethmalani representing Param Bir Singh said that the FIR alleged commission of offenses was in the year 2015 and was belatedly registered to pressurizes Singh to withdraw his complaint letter written to the Chief Minister of Maharashtra leveling the corruption charges against the former State Home Minister “Anil Deshmukh”.
Senior Advocate Darius Khambata appearing for the State, opposed the petition stating that until a cognizable offense is made out, the investigation ought to continue.
The FIR was against Singh and thirty-two others were registered based on a complaint by Inspector Bhimrao Ghade at Akola. In that FIR Singh was charged for various offenses including those related to criminal conspiracy, destruction of evidence, and offenses under the SC/ST Act.
The FIR was transferred from Akola to the Thane Police station last week on April 2021.
Singh in his plea also stated the quashing of the FIR and prayed for an order directing CBI to inquire into a criminal conspiracy and various attempts to pressurize him and others to pull out from the case they made on Anil Deshmukh.
After hearing the matter till 11:55 pm the bench requested the lawyers to stop arguing because at 12 midnight they will no longer be vacation bench judges. And they granted protection to Param Bir Singh and adjourned the matter for Monday next week.