FIR intended to suppress graft revealed in phone tapping case: Rashmi Shukla to HC

Senior IPS officer Rashmi Shukla sought to quash the first information report (FIR) registered by the Mumbai Police against her in the illegal phone tapping case and informed the Bombay high court (HC) that the FIR was intended to suppress crime and not to investigate and prosecute offenders who resorted to corrupt practices in postings and transfer of senior police officers

Senior IPS officer Rashmi Shukla sought to quash the first information report (FIR) registered by the Mumbai Police against her in the illegal phone tapping case and informed the Bombay high court (HC) that the FIR was intended to suppress crime and not to investigate and prosecute offenders who resorted to corrupt practices in postings and transfer of senior police officers.

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While submitting that there was nothing illegal in the phone tapping which was done after getting the requisite sanction from the concerned authority, Shukla’s counsel disclosed excerpts of the report which was based on the surveillance of the phones of some individuals who allegedly used their connections with the then home minister and one “dada” to facilitate transfers in return for huge sums of money.

The HC adjourned hearing of Shukla’s petition till August 5 after the state assured the court that no coercive steps, including arrest, would be taken against her till August 6.

The division bench of justice SS Shinde and justice NJ Jamadar was informed by senior advocate Mahesh Jethmalani that Shukla was being harassed for being honest and exposing the corruption involved in posting and transfer of senior police officers. The petition sought either quashing of the FIR or transfer of investigation to the Central Bureau of Investigation (CBI).

Jethmalani submitted that while Shukla was the Commissioner of Intelligence she had initiated interception of the phone calls made by certain individuals who acted as brokers. The interceptions, which had requisite sanctions, revealed that these brokers were in touch with senior police officers and used their clout with the home minister’s office and certain other political bigwigs from the ruling coalition government to facilitate transfers and postings for huge sums of money. “The interception was for preventing a crime and it was done in an authorised way,” said Jethmalani.

He, however, clarified that the political leaders whose names were mentioned in the report were not necessarily involved and the same could be ascertained after proper investigation. Jethmalani said the names were mentioned as the brokers purportedly approached them to get the desired transfers and postings for the police officers.

He further added that though the sanctions for the interceptions had been granted by the then additional chief secretary Sitaram Kunte, he had later back-tracked and claimed that he had been misled on the reasons for the interceptions.

Due to paucity of time, the court adjourned the hearing to August 5 and accepted the assurance from the state that they would not take any coercive action or arrest Shukla till August 6.

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The CBI, represented by additional solicitor general Anil Singh, informed the Bombay HC bench of justice SS Shinde and justice NJ Jamadar that the state had refused to hand over the documents pertaining to the FIR which it had registered against former home minister Anil Deshmukh and other unknown others on April 21.

Singh submitted that CBI had written two letters to the state after the HC had dismissed the petition by the state on July 22 and paved way for CBI to continue its investigations on the allegations of corruption and criminal conspiracy made by Param Bir Singh in his March 20 letter to the chief minister.

He informed the court that the concerned officer had refused to furnish the documents sought by CBI, thus acting against the order of the court. However, after the state objected to the grievance raised by Singh during the hearing of a different matter, the HC directed CBI to file an application for its consideration.