This is an archive article published on November 17, 2021
Anil Deshmukh case: Maharashtra govt trying to derail probe with belated allegations against Jaiswal, CBI tells HC
The case relates to former Mumbai Police chief Param Bir Singh, through his March 20 letter to CM Uddhav Thackeray, accusing then home minister Deshmukh of corruption in transfer and postings of police officers.
The court sent Anil Deshmukh to judicial custody till November 29. (File)
OPPOSING THE Maharashtra government’s plea seeking a special investigation team (SIT) to probe the case pertaining to an FIR registered by the CBI against former state home minister Anil Deshmukh, the central agency on Wednesday told the Bombay High Court that the plea was an attempt to scuttle and derail the probe.
The state has sought direction to stay the proceedings arising out of the CBI probe and raised grievance against summons issued by the agency to state Chief Secretary Sitaram Kunte and DGP Sanjay Pandey, claiming that “highest officers” are being harassed.
After the Mumbai Police issued summons to CBI Director Subodh Kumar Jaiswal to appear before the BKC cyber police station in connection with an FIR registered into the “illegal” phone tapping and data leak case, the CBI had issued summons to Kunte and Pandey, asking them to appear before it in regard to the Deshmukh case.
The government, while seeking the constitution of a SIT under a retired HC judge, had last month said that as Jaiswal, also a former DGP of Maharashtra, was part of the Police Establishment Board (PEB) that was overseeing transfer and postings of police officers in question, the central agency cannot conduct an impartial and independent probe.
A division bench of Justice Nitin M Jamdar and Justice Sarang V Kotwal on Wednesday was hearing the state’s plea against the CBI probe and summons issued to the senior officials. The CBI on Wednesday said that while Jaiswal was appointed as CBI director in May, the state did not raise its objections before the HC or Supreme Court and hence, the plea was filed belatedly.
Senior counsel Darius Khambata, representing Maharashtra, said that as the CBI probe was affecting the entire state police force, it had filed the plea under the parens patriae (power to protect persons who are unable to act on their own behalf) jurisdiction.
Khambata added that while the state does not want to delay or scuttle the investigation and wants “full, fair and public” probe, the CBI cannot continue with “compromised” and “predetermined” investigation, as its current director was “party signatory to the minutes of the PEB meetings” and used to oversee transfers and postings of police officers as then state DGP.
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Additional Solicitor General Aman Lekhi, appearing for CBI, said the state’s petition was “misconceived”. He added that if the state intended to initiate proceedings to probe allegations by Singh, it would have started it immediately. However, it did not do so, leading to the April 5 order initiating a preliminary probe by CBI.
“It shows there was no intent to investigate or inquire and to punish the wrongdoers. Therefore, the Maharashtra government is least competent by its conduct,” Lekhi said. “It is a make-believe plea with a strategy to target the CBI director, as state does not want the investigation,” he added.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
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