No HC relief to Maharashtra govt in CBI probe against Deshmukh

Dismissing the Maharashtra government petition,the Bombay high court held that keeping in view the observation made in the April 5 order, directing the CBI to carry out a preliminary enquiry against Deshmukh, the CBI can legitimately investigate alleged corruption, transfers and posting of police officers and reinstatement of controversial police officer Sachin Vaze. A division bench of Justices S S Shinde and N J Jamadar however held that the order of division bench cannot be “an unfettered authority to CBI” and the investigation has to be carried on under the law of the land. Solicitor General Tushar Mehta, appearing for the CBI, however, opposed it and said a stay would amount to interference with the investigation.

The state government had plesded for dropping two paragraphs in the Central Bureau of Investigation’s (CBI) FIR related to the probe against former state home minister Anil Deshmukh and other unknown persons. The bench on Thursday said we part with this judgement with an assurance that officers of CBI, a premier investigating agency, are and must be fully allowed to take their responsibilities. And the duty of police constituted under either state enactment or special Act, is to serve none but the law. Senior counsel Rafique Dada, appearing for the state government sought the hight court to stay its judgment for a period of two weeks.

The state government petition alleged that the CBI included the two paragraphs to try and destabilise the present government in Maharashtra at the behest of the political party which was not in power in the state.The paragraphs in the FIR that were disputed by the state in its petition stated “the central agency in its preliminary enquiry (PE) had found that former state home minister Anil Deshmukh was aware of the reinstatement of now suspended API Sachin Vaze into the police after 15 years and sensitive and sensational cases being given to Vaze for investigation.” The second paragraph stated that Deshmukh and others exercised undue influnce over the transfer and postings of police officers as alleged by Rashmi Shukla in her letter to her superiors. The CBI on April 21 this year registered an FIR against Deshmukh on charges of corruption and misuse of official position.