SC dismisses pleas of Maharashtra govt, Deshmukh against HC order for CBI probe into allegations by Mumbai ex-CP

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SC dismisses pleas of Maharashtra govt, Deshmukh against HC order for CBI probe into allegations by Mumbai ex-CP
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Satya Prakash

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Tribune News Service

New Delhi, April 8

The Supreme Court on Thursday refused to intervene with the Bombay High Court order for a CBI probe into former Bombay Police chief Param Bir Singh’s allegations of corruption against former Maharashtra dwelling minister Anil Deshmukh.

“Taking into consideration the nature of allegations and persons involved, an investigation by an independent agency is required. We are not inclined to interfere,” a Bench led by Justice Sanjay Kishan Kaul mentioned for dismissing the petitions filed by Deshmukh and the Maharashtra authorities.

On behalf of Deshmukh and Maharashtra authorities, senior advocates Kapil Sibal and Abhishek Manu Singhvi contended {that a} CBI probe cannot be ordered on the idea of unsubstantiated allegations.

“There has to be some element of truth. There has been no case where a CBI inquiry has been ordered based on the basis of an unsubstantiated allegation. Jaishree Patil (petitioner before HC) copied the entire statement of Param Bir Singh and filed a petition. She has cut copy-pasted his letter and on the basis of this, CBI preliminary enquiry were ordered,” Sibal submitted.

Singhvi argued that the state authorities wasn’t heard earlier than the excessive court docket ordered the CBI probe.

The Bench famous that the then Home Minister Deshmukh and the then Mumbai Police Commissioner Param Bir Singh have been working collectively carefully until they fell aside. “The parties were hunky dory… Let the CBI do its job,” it mentioned. 

A day after the Bombay High Court ordered a CBI probe into former Bombay Police chief Param Bir Singh’s allegations of corruption against former Maharashtra dwelling minister Anil Deshmukh, the state authorities and the NCP chief had on Tuesday filed separate petitions within the Supreme Court against the excessive court docket order.

In its order, the Bombay High Court had mentioned although the state authorities ordered a high-level committee to probe into the allegations, an inquiry based mostly on Patil’s criticism was essential as per the legislation.

Since the police investigating complaints against the house minister and a serving police officer wouldn’t be most acceptable, it’s a match case for ordering a CBI probe, it had famous. 

The excessive court docket had requested the CBI director to conduct a preliminary enquiry (PE) based mostly on Patil’s criticism and a letter written by Param Bir Singh to Maharashtra Chief Minister Uddhav Thackeray that Patil had hooked up to her criticism.

 The excessive court docket mentioned the CBI needn’t instantly register an FIR, nevertheless it should full its PE inside 15 days after which resolve on additional course of motion.

Such allegations, made by a serving police officer, against the state dwelling minister couldn’t be left unattended, and have been required to be probed into, if prima facie, they made a case of a cognisable offence, the excessive court docket mentioned.

A probe by an impartial company was essential within the case, to “instil public confidence and safeguard the Fundamental Rights of the citizens,” it had mentioned.

Courts have been dedicated to making sure the rule of legislation and stopping any breach of constitutional rules, irrespective of the excessive workplace an accused occupied, the HC had famous.

There have been three PILs within the HC in search of a CBI probe against Deshmukh who allegedly requested cops, together with suspended cop Sachin Vaze, to extort Rs 100 crore from bars and eating places. Deshmukh denied the allegations. 

In his petition earlier than the SC, Deshmukh sought to assail the excessive court docket’s order, contending it was handed with out listening to him and ignoring the truth that Maharashtra authorities has revoked the overall consent given to CBI.

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