HC to hear state petition against CBI FIR in graft case against ex-home minister

The Bombay high court (HC) heard the petition filed by the Maharashtra government alleging that the first information report (FIR) filed by the Central Bureau of Investigation (CBI,) based on the complaint by advocate Dr Jaishri Patil, after completing the preliminary probe as directed by the HC in the allegations of corruption and interference in police posting and appointments made by former Mumbai Police commissioner against former home minister Anil Deshmukh is aimed at destabilising the government

The Bombay high court (HC) heard the petition filed by the Maharashtra government alleging that the first information report (FIR) filed by the Central Bureau of Investigation (CBI,) based on the complaint by advocate Dr Jaishri Patil, after completing the preliminary probe as directed by the HC in the allegations of corruption and interference in police posting and appointments made by former Mumbai Police commissioner against former home minister Anil Deshmukh is aimed at destabilising the government.

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In a late night hearing which started around 11pm on Wednesday, the division bench of justice SJ Kathawalla and justice SP Tavade was informed by senior advocate Rafique Dada and Darius Khambatta that they would require around 45 minutes to argue. Additional solicitor generals SV Raju and Anil Singh, for CBI, submitted they would require another hour to respond to the arguments made by the state of Maharashtra.

While apprising the bench of the contents, Dada submitted that the CBI FIR filed after completion of the preliminary probe had dealt with the issue of former deputy general of police (DGP) Rashmi Shukla’s claim that there was political interference in posting and transfer of police officers. Dada submitted that as the issue had been heard and the inquiry was closed, negating the claims of Shukla by a high-power committee, there was no need for CBI to include the issue in the FIR. He added that as per CBI manual, it could only investigate issues with the consent of the state, which was withdrawn in October 2020.

Raju referred to the two unnumbered paragraphs in the order passed by the division bench headed by chief justice Dipankar Datta on April 5 and said the order did not put any restrictions on CBI from investigating any aspect of the case and had left it to the discretion of CBI director to take appropriate action after completion of the preliminary probe. In view of this, he said CBI was justified in including the issues which were being opposed by the state. He further submitted that the Apex court had, in numerous cases, permitted investigation agencies to go beyond the ambit of the rules.

After hearing the preliminary arguments, the bench said it wanted to understand the matter and asked both counsels to furnish their arguments in short written submission by Thursday evening and posted hearing of the matter on Friday 3 pm.

Meanwhile, the Enforcement Directorate (ED) on Wednesday recorded statement of advocate Jaishri Patil in connection with the money laundering case against Deshmukh.