CBI can probe postings as part of Deshmukh case: HC

The CBI on April 21 this year registered an FIR against Deshmukh on charges of corruption and misuse of official position. However, he has denied any wrongdoing.

The Bombay high court on Thursday said the Central Bureau of Investigation (CBI) can inquire into the transfer and postings of police personnel and the reinstatement of controversial officer Sachin Vaze into the force in its probe against former Maharashtra home minister Anil Deshmukh, dismissing a plea by the state government for dropping two paragraphs in the agency’s FIR in the case.

Solicitor General Tushar Mehta, appearing for the CBI, however, opposed it and said a stay would amount to interference with the investigation.

A division bench of justices SS Shinde and NJ Jamadar held that keeping in view the observation made in the April 5 order, directing CBI to carry out a preliminary enquiry against Deshmukh, CBI can legitimately investigate alleged corruption, transfers and posting of police officers and reinstatement of Vaze. The court, however, held that its order cannot be “an unfettered authority to CBI” and the investigation has to be carried on under the law of the land.

“Conversely, the order of the division bench cannot be construed as giving an unfettered authority to CBI to inquire into transfers and postings of the police officers generally, which do not reflect upon the alleged acts and conduct expressly attributed to the former home minister and his confederates. We part with this judgment with an assurance that officers of CBI are and must be fully allowed to take their responsibilities. And the duty of police constituted under either state enactment or special Act, is to serve none but the law,” said the bench. In March, former Mumbai police commissioner Param Bir Singh in a letter to Maharashtra CM Uddhav Thackeray levelled allegations of corruption against Deshmukh.

Senior counsel Rafique Dada, appearing for the state government, sought the court to stay its judgment for two weeks. The government petition alleged that CBI included the two paragraphs to try and destabilise the present state government at the behest of the political party which was not in power in Maharashtra.

Solicitor General Tushar Mehta, appearing for the CBI, however, opposed it and said a stay would amount to interference with the investigation. The high court bench refused to stay its judgment.

The CBI on April 21 this year registered an FIR against Deshmukh on charges of corruption and misuse of official position. However, he has denied any wrongdoing.