Report on corruption in cop transfers leaked: Maharashtra govt says MHA delaying probe

Maharashtra govt said it believed that the leaked pen drive on corruption report could have made it into the hands of the leader of the opposition party (LoP), which he later handed over to MHA

While seeking dismissal of former commissioner of state intelligence department (SID) Rashmi Shukla’s petition, which sought quashing of the first information report (FIR) filed by the cyber cell of Mumbai Police, the Maharashtra government informed the Bombay high court (HC) that it believed that of the three pen drives with 6.3GB of data which she had requisitioned, one was allegedly leaked, and hence, the case registered under the Official Secrets Act, 1923, should not be quashed.

The Maharashtra government, while reiterating that Rashmi Shukla was not named as an accused in the FIR, said they were in possession of two pen drives, including the one given to then director general of police (DGP) Subodh Jaiswal. (HT FILE)

The state, while reiterating that Shukla was not named as an accused in the FIR, said they were in possession of two pen drives, including the one given to then director general of police (DGP) Subodh Jaiswal. The state added that it believed that the leaked pen drive could have made it into the hands of the leader of the opposition party (LoP), which he later handed over to the Union Ministry of Home Affairs (MHA).

While submitting that as the state wanted to ascertain whether the one with MHA was the third pen drive which Shukla had requisitioned, questioning her was vital to the probe and hence, it could not make a statement of whether Shukla would be named as an accused in the FIR.

The division bench of justice Nitin Jamdar and justice Sarang Kotwal, while hearing Shukla’s petition, was informed by senior counsel for the state Darius Khambata that as per the court’s direction, a report on the progress of the investigation was being handed over in a sealed cover. He submitted that the probe was delayed as they believed that certain material relevant to the probe was in MHA’s possession.

“We have asked the LoP and have also written multiple times to MHA to provide the pen drive, but there has been no response,” said Khambata.

On a query of the court on whether the state would issue advance notice to Shukla in the event of her being named as an accused in the FIR, Khambata replied in the negative and said that there was material which needed explaining by Shukla.

Refuting the plea by Shukla to transfer the investigation in the FIR pertaining to the leak to the Central Bureau of Investigation (CBI) – as it was also probing the corruption FIR – Khambata said that the current case was pertaining to the leak and had no connection with the central agency’s probe and hence, the prayer should also not be entertained.

“Public interest will be harmed if this probe is interfered with. The LoP had given an interview in which he had mentioned about having a pen drive with 6.3GB of data on March 23 and had also given out names of persons mentioned in the report filed by Shukla and submitted to her superior. If such material is put in public domain before any inquiry or probe it is not in public interest and will hamper investigation, hence investigation in the leak was important and should be quashed,” said Khambata.

He then added that the claim that the probe in the leak was ex-facie intended to thwart the CBI probe in the alleged corruption in police transfers and postings was baseless.

Khambata said that the leak would become apparent if forensic analysis showed that the pen drive with MHA is the third one. If it is not, then there could be another source of leakage, he said.

While responding to the submissions of the state, additional solicitor general for CBI stated that the FIR was a counterblast to the inquiry initiated by the central agency and its concern was that its probe should not get affected. Hence, it sought the transfer of the investigation to itself.

However, Khambata said that as Shukla had not made any ground for transfer of the investigation, CBI’s plea could not be entertained. “There are distinct probes. The current FIR does not deal with content of report but just the leak. If the probe is transferred to CBI, it would subvert a fair investigation,” said Khambata.

After hearing the submissions at the request of senior counsel Mahesh Jethmalani, who represents Shukla, the bench posted hearing of the petition to Thursday to allow him to respond to the contentions of the state.