CBI was bound to seek state’s consent before registering FIR: Anil Deshmukh to HC

Former home minister Anil Deshmukh, while arguing against the Central Bureau of Investigation’s (CBI) first information report (FIR), wherein he has been accused for corruption, submitted before the Bombay High Court that the CBI had gone beyond the mandate of the HC ordered preliminary enquiry (PE) on April 5 by registering the FIR

Former home minister Anil Deshmukh, while arguing against the Central Bureau of Investigation’s (CBI) first information report (FIR), wherein he has been accused for corruption, submitted before the Bombay High Court that the CBI had gone beyond the mandate of the HC ordered preliminary enquiry (PE) on April 5 by registering the FIR. The hearing will continue on July 2.

HT Image

Deshmukh’s counsel referred to various past judgments and stressed that while the CBI was duty-bound to follow the HC mandate, it could not claim a right to investigate beyond it and was supposed to seek the state’s consent for registering the FIR after concluding the PE therefore the FIR be quashed and set aside.

A division bench of justice SS Shinde and justice NJ Jamadar while hearing the petition filed by Deshmukh was informed by senior advocate Amit Desai and advocate Kamlesh Ghumre that while he was not averse to investigations by CBI against him, the investigating agency had gone beyond the mandate of the entire preliminary probe ordered by the HC on April 5.

Desai further submitted that the subsequent FIR filed by the CBI on April 21 booking Deshmukh under the Prevention of Corruption Act and IPC on charges of bribery, corruption and criminal conspiracy were based on allegations made by Singh that could be heresay or whispers in the corridors of the commissioner’s office and hence the FIR on should be quashed.

“The letter can at most be some suspicion or whisper that may be heard in the corridors of the commissioner office. Not a single person has come before the court to say the money was taken. There is no victim. No one has come forward to complain that money was taken from them,” submitted Desai.

He added that Deshmukh has been shamed and declared a devil based on the FIR though the probe did not disclose any substantial evidence and added that CBI was getting into the issue of transfers and postings which are a matter of policy. He submitted that as a result of these allegations the entire police force has been demoralized.

Deshmukh also submitted that though he was the central figure in the petitions filed before HC based on the March 20 letter of former Mumbai CP Param Bir Singh, he was not given an opportunity to defend himself before the PE order was passed, the bench however clarified that it would not review the April 5 order but would decide on the FIR.

Desai also submitted that the court should also consider the fact that the concept of PE was brought in along with other safeguards to protect public servants as making accusations against them was very easy.

With regards to seeking consent of the state before registering the FIR, Desai said that the CBI Director should have followed the process as laid down in the Delhi Special Police Establishment Act. “The investigating agency has a duty to conduct the probe, but cannot claim a right to do so,” he added.