Raut an ‘anti-social element’, Patole a ‘drug peddler’

FIRs filed in Pune and Mumbai point to false names, fraudulent pretexts used by IPS officer Rashmi Shukla to tap their phones

Mumbai: On Wednesday, Member of Parliament Sanjay Raut claimed that his phone as well as that of six-time legislator Eknath Khadse was tapped for 60 and 67 days, respectively, in 2019, under the pretext that they were “anti-social elements”.

On March 2, additional commissioner of Police (Special Branch) Rajiv Jain filed an FIR against Shukla in Mumbai’s Colaba police station stating that she had tapped the phones of Raut and Khadse (HT PHOTO)

It has also come to light that the private phones of at least four other politicians, including former parliamentarians Nana Patole and Sanjay Kakade were kept under surveillance by the Pune police between 2017 and 2018 under the pretence that they were drug dealers and gang lords, and using false names, according to a first information report (FIR) filed in Pune in February.

The allegedly illegal phone-tapping exercise was carried out when Indian Police Service (IPS) officer Rashmi Shukla was Commissioner of Pune police between March 31, 2016 and August 3, 2018, and later, when she held the post of the Commissioner of the State Intelligence Department (SID) from October 11, 2018 to September 3, 2020. Shukla is currently posted as the additional director general of the Central Reserve Police Force (South Zone) in Hyderabad.

“Whether it was me, Eknath Khadse or Nana Patole, we were falsely labelled anti-social elements. Rashmi Shukla sought permission to tap our phone; the phone numbers were ours but the names against the numbers were of some drug peddlers, gang-runner, anti-social elements etc. By this, our privacy was breached as they wanted to snoop on us to know the development about the formation of Maharashtra Vikas Aghadi government,” Raut said.

On March 2, additional commissioner of Police (Special Branch) Rajiv Jain filed an FIR against Shukla in Mumbai’s Colaba police station stating that she had tapped the phones of Raut and Khadse.

“Phones of key leaders who were involved in the process of forming the alliance in 2019 were being tapped. They wanted to keep a tab on who we spoke to, and what we were planning,” Raut said.

Targeting the Centre over the phone-tapping incident, Raut said, “The police officer, whom we expect to work neutrally, was working to show loyalty to a leader or a party. The officer is now being given protection by the Centre, which is unfortunate.”

Shukla remained unavailable for comment despite attempts to reach her. Maharashtra BJP’s vice president Madhav Bhandari said, “The Shiv Sena was part of the alliance government led by BJP for years and if they are claiming that the phones were illegally tapped, they are equally responsible for it. One of the two ministers of state for home was a Sena leader and it cannot happen without his knowledge. The ruling parties have also started criticizing courts for their decisions for which a PIL has been admitted in the high court. In Rashmi Shukla case too, the high court has given clears instruction against any coercive action. Question here is whether the ruling parties want to follow and respect the court’s decision.”

The FIR registered in Pune — HT has seen a copy of it — stated that while seeking permissions for keeping these phone numbers under surveillance, Shukla did not submit Customer Application Forms to the Additional Chief Secretary (ACS-Home), and kept phone numbers of important public figures under surveillance with mala fide political intentions.

In Maharashtra, the state government has authorised the ACS-Home to grant various investigating agencies permission to tap the telephones of individuals. According to Section 5(2) of the Indian Telegraph Act, 1985, any officer specially authorised by the Centre or the state can intercept calls or messages on the “occurrence of any public emergency, or in the interest of the public safety, if the officer feels it expedient to do so in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of an offence, for reasons to be recorded in writing.”

Patole’s phone was reportedly kept under surveillance between September 18, 2017 and November 14, 2017 under the pretext that the number belonged to Amzad Khan, a purported drug lord from Pune whose gang reportedly supplied drugs to college students in the city. Patole, now a senior Congress leader, was a member of Parliament and with the Bharatiya Janata Party (BJP) at the time. He resigned in December 2017 after openly criticising prime minister Narendra Modi for his failure to handle farmers’ grievances. Two of Kakade’s phones were kept under surveillance between November 13, 2017 and January 9, 2018 though they were purported to belong Tabrez Sutar and Abhijeet Nair, to members of the infamous Babu Nair gang. Legislators Bachchu Kadu and Ashish Deshmukh were also kept under surveillance for some months in 2017 and 2018, under false names, the FIR lodged in Pune stated.

Maharashtra Congress chief Nana Patole said that Shukla wasn’t the mastermind of the phone-tapping exercise, and the police investigation should probe that angle too. “The phone tapping was carried out to blackmail leaders and topple the government. However, Rashmi Shukla was not the main person behind this, the real culprits must be found and we are confident that their names will appear soon. I got to know that my number was against someone named Amjad Khan in the police documents where my phone number was mentioned.”

“My phone was tapped for 67 days with a different name and on the pretext that I’m involved in anti-social activities. In my view, Shukla is an officer and without receiving an order it is not possible for her to tap phones. In such cases, final approval comes from the chief minister. It is unfortunate that my phone was tapped though I was in the BJP. The matter should be investigated and who ordered phone tapping and why, all this needs to come before the people,” Khadse said. The long-time BJP leader switched to the NCP in October 2020, and blamed Fadnavis for his exit.

“I came to know about the tapping when Nana Patole raised the issue in the Legislative Assembly recently. The phone belonged to the wife of one of my personal assistants. The PA has recorded his statement with the police. The phone was tapped under the pretext that the number belonged to a drug supplier in Pune. I think the tapping was done to pressurise me for political reasons by previous government,” said minister of state for school education Bachchu Kadu, an independent legislator who pledged support to the Shiv Sena after the 2019 polls.

Ashish Deshmukh, a former BJP legislator who switched to the Congress in 2018 said, “I don’t know the reason for which my phone was tapped. I was unaware till the issue surfaced in the media... The inquiry will reveal (the reasons).”

Kakade, a former Rajya Sabha MP, was an independent representing the state, but later joined the BJP, was unavailable for comment.

The allegations of phone-tapping also came up soon after the state assembly election results were declared in October 2019. Shiv Sena parted ways with long-time ally BJP, miffed over the saffron party’s rejection of its demand to share the chief minister’s seat. The Sena — which had the second highest number of seats (56) after the BJP (105) — eventually partnered with the Congress and the Nationalist Congress Party (NCP) after weeks of deliberation between party leaders to form the Maharashtra Vikas Aghadi (MVA) coalition government.

The political suspense which lasted close to a month was exacerbated when NCP supremo’s nephew Ajit Pawar partnered with outgoing CM Devendra Fadnavis participating in an early-morning swearing-in ceremony at the Raj Bhavan. However, Pawar couldn’t make good on his promise and Fadnavis’ second term as CM lasted barely three days failing the floor-test ordered by the Supreme Court.

In March 2021, leader of opposition Devendra Fadnavis triggered a controversy by alleging that a report prepared by Shukla in August 2020 (she was transferred from her post in September) revealed a cash-for-transfer scam in postings of senior police officials, which also involved politicians. Fadnavis, who submitted the report which was protected under the Official Secrets Act, to the Union home ministry, came under fire for possessing an official document. On March 26, an FIR was registered against unknown persons at the Cyber Crime cell of the Mumbai police for the leak of a confidential document. The then home secretary Sitaram Kunte submitted a report to chief minister Uddhav Thackeray stating that Shukla did not have the permission to tap certain phones, and that no transfers took place during the time of the surveillance.

In July 2021, the state formed a three-member committee, comprising the Director General Police, Commissioner SID and additional commissioner of police, special branch -1, Mumbai to enquire into the illegal phone tapping between 2016 and 2019. In December, the Bombay HC dismissed Shukla’s petition seeking the quashing of the Cyber Crime cell FIR, stating that the police were duty bound to investigate the crime.

Last month, the Bombay high court (HC) restrained the Mumbai and Pune police from taking any coercive action against Shukla. The IPS officer had moved the HC to quash both FIRs.