Anil Deshmukh case: Bombay HC adjourns hearing of Maharashtra govt plea against CBI probe

By LE Desk

Mumbai, May 26: The vacation bench of the Bombay High Court, which was today hearing the petition filed by the Maharashtra government seeking to set aside the FIR registered by the Central Bureau of Investigation (CBI) against former state home minister Anil Deshmukh and other unknown persons, adjourned the hearing to June 8.

The government plea included removing two ‘unnumbered paragraphs’ in the ‘corruption’ FIR registered by CBI on April 21.

This came after the state government agreed to the CBI’s contention that the matter should be heard by the same bench led by Chief Justice Dipankar Datta, which, on April 5, had directed it to conduct the preliminary probe into the allegations made by former Mumbai Police Commissioner Param Bir Singh against Deshmukh, provided the CBI did not press for certain documents from the state related to offences mentioned in the FIR till the next hearing, The Indian Express reported.

The documents sought by the central agency from the State included the August 2020 letter and report by Rashmi Shukla, then Commissioner of state intelligence department to the state Director General of Police (DGP) regarding alleged political interference in the postings and transfers of police officials, along with the minutes of the meeting of the Police Establishment Board (PEB) about transfers and postings.

One of the paragraphs in the CBI FIR challenged by the Maharashtra government stated that “the central agency in its Preliminary Enquiry (PE) had found that former state home minister Anil Deshmukh was aware of the reinstatement of now suspended assistant police inspector (API) Sachin Waze into the police after 15 years and sensitive and sensational cases being given to Waze for investigation”.

Waze is being probed by the NIA for his alleged role in the Ambani house terror scare case and the subsequent murder of businessman Mansukh Hiran.

The second “unnumbered” paragraph stated that Deshmukh and others exercised “undue influence” over the transfer and postings of police officers as alleged by former Mumbai CP Param Bir Singh.

The plea filed by the state government said that the registration of FIR on these two issues shows “it was intended to give material to opposition parties to destabilize Maharashtra government.”

A vacation bench of Justice S J Kathawalla and Justice S P Tavade was hearing on the plea by the state government seeking directions to set aside the two paragraphs from the April 21 FIR. The state government had moved HC on April 30.  On May 6, the Court had granted liberty to the state government to move its petition before the vacation bench.

The CBI, through Additional Solicitor General (ASG) S V Raju, had on May 19 late-night hearing justified the two paragraphs claiming that there was no restriction on the type of probe it could carry out.

Thereafter, the state government, through senior counsel Rafique Dada, on May 21 late-night hearing submitted that the information sought by the CBI included documents and digital devices not connected to the scope of inquiry and which if provided, will affect the administration of the state.

On Wednesday, ASG Raju for CBI submitted that the matter should be heard by the same bench which has passed the April 5 order asking CBI to conduct PE. “We do not have an objection to that since the issue is of the interpretation of the April 5 order. In that case, you (CBI) will have to wait till June 7 (when the regular court resumes after vacation) and hold your hands on the letters you are asking from them (state government),” the bench responded.

“However, till the matter is heard by the CJ, you (CBI) should not act upon the letter you wrote to the State asking for documents regarding Rashmi Shukla. You will have to hold your horses till then,” the HC said, as reported by The Indian Express.

The Court inquired from ASG Raju whether CBI had agreed to ‘not act on the letters addressed by it to the State government requiring them to give certain documents, to which Raju answered in the affirmative.

The bench accepted the statement made by CBI and noted, “It is made clear that the statement made on behalf of CBI will continue up to June 9.”

The Court then directed its registry to place the matter before the bench consisting of CJ Datta on June 8 at 10.30 am for ‘necessary directions’.

https://indianexpress.com/article/cities/mumbai/anil-deshmukh-case-bombay-hc-adjourns-hearing-of-maharashtra-govt-plea-against-cbi-probe-7331051/