Prima facie indication that Anil Deshmukh exercised influence in cop transfers: Court

Deshmukh’s bail plea was rejected on Monday, but the detailed order was made available on Friday.

He was arrested in November last year by the Enforcement Directorate (ED) in connection with a money-laundering case with the agency alleging that he was the beneficiary of the bribes received from co-accused dismissed cop Sachin Waze. The ED also claims that the Minister would give recommendations for transfers and postings of police officials against guidelines issued by the Supreme Court to ensure that there is no political interference. It was claimed that Deshmukh’s recommendations through officials would be submitted to the Police Establishment Board and included in its final order.

“There is no reasonable explanation as to why there was deviation from the guidelines issued by the Honourable Supreme Court while effecting transfers and posting during the tenure of the applicant. Prima facie, there is evidence to indicate that the applicant had exercised undue influence over the transfers and postings of police officials,” special judge R K Rokade said. The court passed the judgment following statements from IAS officer Sitaram Kunte and other officials.

The ED has alleged that bribes were collected by Waze from bar and restaurant owners in Mumbai and handed over to Deshmukh. The money was then laundered through a trust linked to the Deshmukh family in the garb of donations. It claimed that Rs 4.70 crore were received as bribes.

“There is no reasonable explanation on the part of the applicant in respect of donations received through shell companies. Statement of the applicant is evasive on this aspect of the matter,” the court said, while adding that it can be said that a prima facie case is made out to show that Deshmukh is actively involved in money laundering.

Deshmukh’s lawyers Vikram Chaudhary and Aniket Nikam had submitted that Waze, who himself has criminal cases pending against him, cannot be relied upon. The court said that these aspects cannot be dealt with at the stage of bail. It added that submissions related to Deshmukh’s age, health issues and the impact a long incarceration cannot be considered relevant factors to grant bail.