You are corrupt, defendant tells judge: ‘Bombay high court Justice Roshan Dalvi’ has been accused of corruption by producer Sanjay Punamiya: 08 May 2014

High-Light: Producer Sanjay Punamiya makes allegation in court; Refusing to relent, Justice Roshan Dalvi says she will continue hearing case.
Justice Dalvi read the complaint and instead of giving in and recusing herself, said she would continue to hear the case. She, in fact, asked Punamiya’s lawyers to furnish transcripts of the conversations they had with her husband and the other advocate, with regards to the allegations. Punamiya’s lawye r, however, could not produce a copy of the transcript. 
The arguments pertaining to the Marine Drive property then continued till 1.40 pm. Before rising, Justice Dalvi said she would not take the allegation lightly and placed Punamiya and his lawyer in court’s custody. Ojha then filed a complaint to the CJ about the detention of Kakade and Punamiya. Justice Dalvi then got Ojha to remain in court custody, but later ordered their release. “This happened only because we filed a complaint with the CJ,” Ojha said.

You are corrupt, defendant tells judge
An illustration of Justice Dalvi against whom film producer Punamiya (inset) made the allegation during Wednesday’s hearing
Producer Sanjay Punamiya makes allegation in court; Refusing to relent, Justice Roshan Dalvi says she will continue hearing case.

In a first of its kind courtroom drama, a defendant levelled allegations of corruption against a Bombay High Court judge, and asked her to recuse herself from the matter. The incident occurred during Wednesday’s hearing of the case between the Kuwaiti Royal family and film producer Sanjay Punamiya, pertaining to ownership of a Marine Drive flat.

Punamiya’s advocate told the court that he was allegedly promised a favourable order if he coughed up Rs 25 lakh, and that he filed a complaint against the judge with Chief Justice of HC, CBI, among others and hence she should not hear the case.

Justice Roshan Dalvi, who was hearing the case, however, refused to relent and said she will continue hearing the case. She asked for a copy of the complaint that Punamiya’s lawyers O D Kakade and Nilesh Ojha filed against her. She then went through the nine-page complaint, while counsels representing Faizal Essa, former Kuwaiti consul-general and caretaker of the property, waited.

The complaint alleged that Punamiya met Justice Dalvi’s husband Shamim Dalvi in March through another lawyer, and alleged that he was promised a favourable order in the case to be heard by Justice Dalvi if paid the amount.

The meeting allegedly took place on April 19 in Shamim Dalvi’s office at Yusuf Building in Fort. “Shamim Dalvi told the applicant (Punamiya) that he will have to pay an amount to get a favourable order. Mr Dalvi asked the applicant and an advocate, Nitin Parikh, to meet another advocate in a day or two.”

Couple of days later, Punamiya claims he met the advocate as directed, and was allegedly told he would have to pay. “In order to get a favourable order, the applicant will have to make an application under Section 9 of the Civil Procedure Code and the rest would be done by Mrs Roshan Dalvi if the applicant deposits Rs 25 lakh,” the complaint alleges.

Justice Dalvi read the complaint and instead of giving in and recusing herself, said she would continue to hear the case. She, in fact, asked Punamiya’s lawyers to furnish transcripts of the conversations they had with her husband and the other advocate, with regards to the allegations. Punamiya’s lawye r, however, could not produce a copy of the transcript. 

The arguments pertaining to the Marine Drive property then continued till 1.40 pm. Before rising, Justice Dalvi said she would not take the allegation lightly and placed Punamiya and his lawyer in court’s custody. Ojha then filed a complaint to the CJ about the detention of Kakade and Punamiya. Justice Dalvi then got Ojha to remain in court custody, but later ordered their release. “This happened only because we filed a complaint with the CJ,” Ojha said.

Around 4.45 pm, Justice Dalvi ordered that no third party rights in the property should be created. As for the allegations against her, she said the CJ will take appropriate action.

Punamiya’s lawyers moved a complaint of contempt against Justice Dalvi and also complained about unlawful detention. They demanded Rs 50 crore as compensation for being detained against procedure of law. “We will also move a writ petition asking as to why the CBI has not taken action on the complaint. Justice Dalvi also went on to investigate a complaint made against herself contrary to procedure. We brought all of this to the CJ’s notice,” Ojha said.

                                                The case

The dispute pertaining to a 7,000 sq ft Marine Drive flat began last May when Faizal Essa Al-Yousuf Al-Essa, former Kuwaiti consul-general and caretaker of the property, approached the police accusing Punamiya of illegally taking over the apartment, a vault housed in it, and two 5th floor offices of Al-Sabah Court. The property is said to be worth Rs 125 crore. The Kuwaiti royal family had bought the entire building in the early 1950s.

Essa, 83, said when he left for Kuwait in April 2013 following a kidney replacement surgery, Punamiya forcibly occupied the flat in his absence. Punamiya, on the other hand, claimed Essa handed over the flat’s tenancy to him in October 2012 for a rent of Rs 50,000 a month. The two sides have been involved in litigations over the issue and Faisal Essa recently approached HC.

……………….. By BAPU DEEDWANIA, Mumbai Mirror | May 8, 2014, 01.23 AM IST

http://www.mumbaimirror.com/Mumbai/Crime/You-are-corrupt-defendant-tells-judge/articleshow/34795969.cms

http://www.legallyindia.com/201405104702/Bar-Bench-Litigation/bombay-hc-judge-moves-for-contempt-over-allegation-her-husband-offered-favourable-ruling-for-rs-25-lakh

Advertisements

Leave a comment

Filed under Uncategorized

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s