Prior sanction not needed to prosecute Anil Deshmukh: CBI to Bombay High Court

By LE Staff

Mumbai, June 16, 2021: The CBI has told the Bombay High Court that it did not need prior sanction to prosecute former Home Minister Anil Deshmukh.

Deshmukh had moved the High Court to quash the FIR registered against him by the Central agency. He said the CBI needed sanction to prosecute him as he was a public servant, and also contended that the case against him was dubious.

The affidavit filed by the CBI said, “The offence of an attempt to obtain undue advantage for improper and dishonest performance of their public duty is not covered under the purview of recommendation made or decision taken by such public servant in discharge of his official functions or duties”, The Hindu reported.

The FIR was registered against him after the court directed it to conduct a preliminary inquiry into charges of corruption. “The petition is an abuse of the legal process and hence should be dismissed,” the agency said.

On April 5, a division bench of Chief Justice Dipankar Datta and Justice GS Kulkarni had directed the Director of the CBI to initiate the inquiry within 15 days into the allegations levelled by former Police Commissioner Param Bir Singh against Mr. Deshmukh, who had subsequently resigned from the State Cabinet.

An FIR was registered charging Deshmukh under Sections 120 B (criminal conspiracy) of the IPC and Section 7 (public servant taking gratification other than legal remuneration in respect of an official act) of the Prevention of Corruption Act.

On March 20, Singh had written to Maharashtra Chief Minister Uddhav Thackeray alleging that Deshmukh directed suspended police officer Sachin Vaze to collect ₹100 crore from bars and restaurants over a month. He later sought a CBI probe.

The matter will be heard on June 18, reported The Hindu.