Updated: September 7, 2021 9:45:34 am
A Delhi court on Monday rejected CBI’s plea seeking five-day custody of former Maharashtra Home Minister Anil Deshmukh’s lawyer Anand Daga and the agency’s sub-inspector, Abhishek Tiwari, held for allegedly leaking documents connected to the ongoing probe against Deshmukh.
The court sent both to 14-day judicial custody.
In his order, Special Judge Vimal Kumar Yadav considered the fact that data to be extracted and analysed was voluminous and the accused could not be confronted with entirety of the record.
“In these circumstances, when the accused persons have been remanded in CBI custody for 4 days, there appears to be no reason to further extend their CBI custody, as nothing new showing the nature of data extracted and the confrontation of the same is before the court,” the order read.
The action against Tiwari and Daga comes after the leak last weekend of the purported preliminary enquiry (PE) report of CBI, which purportedly found that no cognizable offence was made out against Deshmukh on allegations levelled by former Mumbai Police Commissioner Param Bir Singh in Bombay High Court.
In Monday’s hearing, CBI public prosecutor Vivek Srivastava moved an application seeking five-day CBI custody. The agency submitted that they have “extracted some data, but the analysis is still going on”. This is besides “questioning and confrontation from both accused persons in as much as the data is voluminous and indicative of the complicity of some more persons”, it submitted.
When the court asked about recoveries in the case, the agency replied that no further recovery and been made, and it is unlikely that any further recovery would be done.
The lawyers for the accused persons submitted that no further change has taken place in the circumstances and the remand application is verbatim as the previous one.
“The preliminary enquiry is in public domain, which (report) was allegedly circulated on social media,” the defence lawyers submitted. “The CBI can always investigate and secure the presence of the accused persons in the investigation and for that police remand is not the only method at the disposal of CBI.”
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