Retired police inspector Subhash Kenjale, who initially investigated the narcotics case against Provogue lounge owner Salil Chaturvedi, has moved the Bombay high court seeking action against two officials from the Criminal Investigation Department (CID).
Kenjale has alleged that retired former state CID chief SPS Yadav and Ramesh Khade, deputy superintendent of police, state CID, had illegally tapped his mobile phone. He has sought directions to initiate appropriate action against them.
In his petition, Kenjale also raised objections about the inquiry conducted by the state CID.
In June 2009, the state government had ordered an inquiry about alleged frame-up of Chaturvedi in the case. Initially, SS Navge, deputy superintendent of police, state CID, conducted the inquiry, which was later handed over to Khade and Yadav.
“The inquiry was clearly in violation of the legal principle of ‘audi alteram partem’ [no one should be condemned unheard],” said Kenjale’s petition. “It was a clear breach of principles of natural justice, since the inquiry officer did not offer him any opportunity to put forth his say,” it said.
While replying to the petition on Tuesday, additional government pleader SR Nargolkar said necessary permissions were obtained before intercepting Kenjale’s mobile phone.
The petitioner’s counsel Rompal Kohli, however, contended that the police authorities had declined to furnish any information regarding the interception. Nargolkar said since the matter was subjudice, the file could be produced for perusal of the judges.
A division bench of Chief Justice Mohit Shah and justice SJ Vazifdar has asked for the file to be produced on March 9.