Phone-tapping case: ‘Arbitrary’ FIR lodged to suppress crime, prevent the prosecution of offenders, Rashmi Shukla tells Bombay HC

The alleged tapping of phones had taken place when Shukla headed the SID. Shukla is currently serving as additional director general of the Central Reserve Police Force's (CRPF) South Zone and is posted in Hyderabad.

The court adjourned the hearing on Shukla’s plea to August 5 after the state assured the HC that no coercive steps, including arrest, will be taken against her till August 6.

Seeking that the FIR in the alleged illegal phone-tapping case registered against her by the Mumbai Police be quashed, senior IPS officer Rashmi Shukla submitted Wednesday before the Bombay High Court that the “arbitrary” case had been lodged to “suppress the crime and not to investigate and prosecute offenders” who were indulging in corrupt practices in postings of the police officers.

Senior advocate Mahesh Jethmalani, representing Shukla, submitted before the court that his client was being made a “scapegoat” and “harassed” through the probe for being “honest” and unearthing corruption involved in postings and transfer of senior police officers.

A division bench of Justices S S Shinde and N J Jamadar was hearing a plea by Shukla against the FIR lodged under the Official Secrets Act, 1923, at the BKC cyber police station against unidentified persons for allegedly tapping phones and leaking certain confidential documents on the complaint filed by the State Intelligence Department.

The alleged tapping of phones had taken place when Shukla headed the SID. Shukla is currently serving as additional director general of the Central Reserve Police Force’s (CRPF) South Zone and is posted in Hyderabad.

Jethmalani said the then Maharashtra director general of police (DGP) had asked Shukla to carry out surveillance and she was merely following his directives and had taken requisite permission from then state additional chief secretary Sitaram Kunte as per the Indian Telegraph Act.

“The numbers belonged to a few brokers of certain politicians involved in corruption and demanding massive monetary compensation for plum postings and transfers. They were allegedly taking instructions from top government officials and had political connections,” Jethmalani submitted.

“Interception, with due permissions to prevent crime, is a valid ground for interception of wireless messages,” he said and sought that FIR against Shukla be quashed. The plea also sought that the probe is transferred to the CBI.

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The court adjourned the hearing on Shukla’s plea to August 5 after the state assured the HC that no coercive steps, including arrest, will be taken against her till August 6.

Omkar Gokhale

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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