NEW DELHI: The Maharashtra government on Tuesday moved the Supreme Court challenging the Bombay high court order directing CBI probe against former home minister Anil Deshmukh.
“We have filed an appeal on behalf of state government against the Bombay high court of yesterday,” said Maharashtra standing counsel Sachin Patil.
Deshmukh on Monday resigned as the home minister following the high court ruling.
In its 52-page order, the HC directed CBI to conduct a preliminary inquiry within 15 days into allegations of corruption and misconduct levelled against Deshmukh by former Mumbai police commissioner Param Bir Singh.
Deshmukh has denied the charges.
A bench of Chief Justice Dipankar Datta and Justice G S Kulkarni said this was an "extraordinary" and "unprecedented" case that warranted an independent inquiry.
"We agree that this is an unprecedented case before the court ... Deshmukh is home minister who leads the police ... there has to be an independent inquiry ... But, the CBI need not register an FIR immediately," the court said.
"Rule of law, in terms of the Constitution, pervades over the entire field of administration and every organ of the State is regulated by it. In fact, what the Constitution envisages is a rule of law and not rule of goons having political support," said Bombay HC on Singh's PIL and three other petitions.
Shortly after the ruling, Deshmukh said he cannot continue as home minister on "moral grounds".
He was replaced by NCP leader and Maharashtra minister Dilip Walse Patil.