CBI FIR against Deshmukh: ‘Who are these unknown persons’; HC seeks progress report of probe in sealed cover
The Bombay HC questioned whether, at this stage, when the probe was still on, it should hear a plea for quashing FIR, to which Desai responded that the bench can quash the FIR if prima facie no material was found in allegations.
After conducting PE, pursuant to the April 5 order, it was the duty of CBI to ensure FIR was registered not only against Deshmukh, but against everyone who was a part of allegations, the bench said. (File Photo)
THE BOMBAY High Court Monday sought to know from the CBI the names of the “unknown persons” mentioned in its April 21 FIR against former state home minister Anil Deshmukh following the conclusion of preliminary probe (PE) as per the court’s April 5 order.
The HC observed it was over two months since the FIR was lodged and, therefore, sought a report on the progress of the investigation in a sealed cover.
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As per its April 5 order, it was the duty of CBI to probe not just Deshmukh, but everyone in the alleged corruption case, a division bench of Justices S S Shinde and N J Jamadar said while hearing Deshmukh’s writ petition challenging the FIR filed by CBI against him and other unknown persons on charges of bribery, corruption and criminal conspiracy.
Senior counsel Amit Desai and advocate Kamlesh Ghumre, appearing for Deshmukh, reiterated the central agency has failed to take the consent of the state government before registering the FIR and conducting the probe as per the provisions of the Prevention of Corruption Act and the Delhi Special Police Establishment Act.
The HC questioned whether, at this stage, when the probe was still on, it should hear a plea for quashing FIR, to which Desai responded that the bench can quash the FIR if prima facie no material was found in allegations.
“In the FIR, you have mentioned the petitioner (Deshmukh) and other unknown persons as accused. We usually see that in robbery, theft cases. You have conducted a preliminary enquiry. So, who are these unknown persons? What is the further investigation done by CBI? Give us an investigation progress report in a sealed envelope. We will see and return,” Justice Shinde told Additional Solicitor General Aman Lekhi, representing CBI.
After conducting PE, pursuant to the April 5 order, it was the duty of CBI to ensure FIR was registered not only against Deshmukh, but against everyone who was a part of allegations, the bench said. “Even unknown persons, that may also include those on committee reinstating (dismissed and arrested police official) Sachin Waze,” it added.
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Desai also said the CBI FIR was “vague” and there was an attempt to protect certain persons by mentioning “unknown persons” in the FIR.
The matter will be heard next on July 7.
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
