August 5, 2021 5:13:49 pm
The Bombay High Court Thursday issued a notice seeking response from the Maharashtra Government to the plea by CBI seeking directions to the state government to provide documents pertaining to the FIR against former state home minister Anil Deshmukh and unknown others on April 21.
The CBI said that the state police officer was issuing threats to the agency and not handing over the documents and in turn, not complying with the High Court order.
After hearing the submissions, the bench asked Public Prosecutor Aruna Pai representing the state government to go through the directives issued on July 22 order. “We are issuing a notice. Some ACP is allegedly threatening the CBI officers. Please find out our directions and current situation. Please do not create an unfair situation where we have to take them to task. Please ensure that the directions given by this court and the order are followed in letter and spirit,” the court told the state government lawyer and posted further hearing to August 11.
A division bench of Justice S S Shinde and Justice N J Jamadar was hearing a plea by CBI, which was filed after the agency on July 28 had told the court that the Maharashtra government was not cooperating with the central agency. The agency had said that the state was acting against the July 22 order which dismissed state government’s plea seeking removal of two “unnumbered paragraphs” from the FIR regarding reinstatement of now suspended and arrested Assistant Police Inspector Sachin Waze along with documents pertaining to the transfers and postings of police officers.
Dismissing Deshmukh’s plea against the entire FIR, the High Court had said that CBI can legitimately inquire into allegations of corruption in police transfers and postings having nexus with alleged offences against Deshmukh and his associates.
The division bench had on July 28 had asked Additional Solicitor General Anil Singh to file a short application, after which, it would hear the contentions and decide on the same.
CBI’s plea said that the central agency, on July 23, had written a letter to the state’s intelligence department seeking certified copies and information pertaining to the letter/report by senior IPS officer Rashmi Shukla regarding corruption in transfers and postings of police officers.
“However, the department, through a letter dated July 27, refused to hand over the documents in “utter defiance” of the order,” the petition said. The plea also said communication was made to the Cyber Crime police station, Mumbai, to handover a certified copy of the Rashmi Shukla report with police for the purpose of investigation but the same was refused through a letter dated July 26.
“The CBI also sought communication addressed by Shukla to the then Director General of Police highlighting corruption in transfer of postings. The concerned authorities have till date refrained from providing the material sought by CBI and refused to give the copies of documents, which was in “clear violation” of the court order,” the plea said.
In response to the letters, the state police said that since they were approaching the Supreme Court against the July 22 HC order, they will not be sharing the documents.
The CBI said that while the High Court had clearly refused to stay its order and the Supreme Court had not passed any order yet, the state government was ought to provide the documents. The central agency, in its application, claiming “constant hindrance” of the state government to the probe, sought directions from the court to the Maharashtra government to provide the documents sought by it and clarification that the state cannot object to CBI’s request.
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