CBI not entitled to documents till they show relevance to probe: Maharashtra govt

The central agency sought documents in the probe related to allegations of corruption and political influence in police transfers

The Maharashtra government in an affidavit filed before the Bombay high court (HC) has stated that the application filed by Central Bureau of Investigation (CBI), seeking documents in the probe related to allegations of corruption and political influence in police transfers, is vague. The state, in response to CBI’s interim application – filed against the refusal of the government to hand over documents sought by them pertaining to the corruption case – also said that the central agency is silent on how the documents are relevant and needed in the probe.

HC has posted the hearing to Friday when it will consider the application by CBI and the state’s response. (HT FILE)

The division bench of justice SS Shinde and justice NJ Jamadar, after hearing the state government’s petition challenging and seeking the removal of two unnumbered paragraphs in the CBI’s first information report (FIR) on July 22 had directed the central agency to continue the investigation on corruption charges against former state home minister Anil Deshmukh and others as directed by HC’s April 5 order. The July 22 order had stipulated that the investigation should be in accordance with law.

However, after additional solicitor general Anil Singh had informed the bench that the state police officers were refusing to part with the documents sought by the agency as per the July 22 order, the bench had directed CBI to file a separate application. The application stated that the officers were not only refusing to part with the documents but also resorted to threats.

The state has responded to the allegations made in the application through an affidavit that stated that CBI was seeking documents of investigations that had been undertaken by the cyber police with an intent to jeopardise and interfere in the investigations.

The affidavit filed by Kailas Arjun Gaikwad, joint secretary, home department, has further stated that CBI was going beyond the directions of the July 22 order by stating that the documents are relevant and needed without actually mentioning how so. The affidavit stated that if CBI’s application is accepted, it would give “uncontrolled, unrestricted and unimaginable authority” to the applicant to seek any and every document and/or information from the state for investigation.

“The entire present application is blissfully vague and eloquently silent as to how the documents and/or material sought by the present applicant, which the respondent is not inclined to share with the applicant are “relevant”, “material” and “needed” for the purpose of investigation undertaken by the applicant (sic),” stated the affidavit. It added that till CBI does not demonstrate the relevance of the documents sought to HC, it was not entitled to get them.

The affidavit also points to the fact that all orders and judgments delivered by HC in the matter give a very restricted and circumscribed authority, power and jurisdiction to CBI to investigate in Maharashtra. This is in light of the withdrawal of consent by the state government to conduct investigation by CBI, in the light of section 6 of the Delhi Special Police Establishment Act.

The affidavit has also alleged that CBI is relying upon replies issued and/or responses given by the state prior to the July 22 order of HC and trying to mislead the court. In light of these submissions, the affidavit has sought dismissal of CBI’s application.

HC has posted the hearing to Friday when it will consider the application by CBI and the state’s response.