CBI using Anil Deshmukh FIR as pretext to inquire into state administration: Uddhav government to HC

MUMBAI: The Maharashtra government on Friday told the Bombay High Court the CBI was using its case against former state home minister Anil Deshmukh as a pretext to inquire into the entire administration of the state.

A division bench of Justices S J Kathawalla and S P Tavade was hearing a petition filed by the Maharashtra government seeking direction to the CBI to set aside and not carry out any investigation with regard to two "unnumbered paragraphs" from the FIR lodged by the agency on April 21 against Deshmukh.

The CBI had lodged the FIR after conducting a preliminary enquiry against Deshmukh following an HC order on April 5.

While one paragraph pertains to allegations leveled by arrested cop Sachin Waze against Deshmukh, the second paragraph pertains to corruption in transfers and postings of police officials.

Senior counsel Rafique Dada, appearing for the state government, argued that HC in its April order clearly said with regard to allegations of corruption in transfers and postings of police officials, former commissioner of police Param Bir Singh should go for alternate remedies.

He added that the CBI had asked the government to furnish a copy of a letter written by IPS officer Rashmi Shukla pertaining to transfers and postings.

"The government wrote back to the CBI asking why it wants these documents. These are very confidential documents. The government told the CBI it can carry on its investigation against Anil Deshmukh," Dada said.

"We (government) are not disputing the CBI's jurisdiction to probe the case. We are only saying the CBI cannot go beyond its authority. CBI is using this case as a pretext to inquire into the entire administration of the state," Dada said.

He added that the entire administration may get demoralised with this.

The bench, however, noted that the CBI, while investigating its case against Deshmukh, might be just asking questions.

"They (CBI) may be wanting this information to nail Anil Deshmukh. They may not be wanting to go after Sachin Waze. They are going after Deshmukh," Justice Kathawalla said.

The court after hearing the matter for some time late Friday night adjourned it for further hearing on May 26.

One of the paragraphs, which the government has challenged, stated that “the central agency in its Preliminary Enquiry (PE) had found that former state home minister Anil Deshmukh was aware of the reinstatement of now suspended assistant police inspector (API) Sachin Waze into the police after 15 years and sensitive and sensational cases being given to Waze for investigation”.

Waze is presently behind bars after being arrested by the NIA for his alleged role in the Ambani house terror scare case and the murder of businessman Mansukh Hiran.

The second "unnumbered" paragraph stated Deshmukh and others exercised “undue influence” over the transfer and postings of police officers as alleged by former Mumbai Police commissioner Param Bir Singh.

The state government claimed it does not want to interfere in the CBI probe against Deshmukh and others beyond these two allegations, which were not mandated to be investigated as per the April 5 HC order.