SC bench headed by Chief Justice SA Bobde asked Sr. Adv. Mahesh Jethmalani who was appearing for Sameer Thakkar to withdraw his plea and approach the Bombay HC. SC refused to entertain the petition filed under Article 32 for transfer and consolidation of investigation in the FIR relate to his twitter posts against the CM of Maharashtra and other Cabinet Ministers.
Sr. Adv. Jethmalani submitted today that the offences mentioned in FIR were bailable and even then Thakkar has been arrested. Jethmalani said to the court that – “Please see my Affidavit. These are all bailable offences and I have been arrested. Please see what has happened. If your Lordships are not shocked by this, then nothing will shock you.” To this statement of Jethmalani CJI said that – “We see such matters every day. We are immune from such shocks. Nothing will shock us now.”
The apex court also told Jethmalani that it will not entertain petition under Article 32 and he should approach the High Court where they can uphold your Fundamental rights and also protect it. Bench also said that its bit strange for us to tell you again and again that we will not entertain petition under article 32.
The petition states that the petitioner named is being harassed because he is critical of the ruling dispensation. The petitioner sought for following:-
- Grant of interim bail in FIR with BKC Cyber Police.
- Stay of further investigation in remaining FIRs.
- To set aside condition imposed by the 4th Metropolitan Magistrate Court, Girgaon and petitioner be allowed to operate his Twitter account.
The SC dismissed the plea and gave the petitioner the liberty to approach High Court.
