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Updated May 20th, 2021 at 07:42 IST

Bombay HC adjourns MVA govt's plea to quash portions of FIR against Anil Deshmukh

In a late-night hearing on Wednesday, the Bombay HC took up the Maharashtra government's plea challenging portions of the CBI's FIR against Anil Deshmukh.

Reported by: Akhil Oka
Bombay HC, Anil Deshmukh
Image: PTI | Image:self
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In a late-night hearing on Wednesday, the Bombay HC took up the Maharashtra government's plea challenging certain portions of the FIR registered by the CBI against ex-Home Minister Anil Deshmukh. Taking objections to two specific paragraphs, it contended that they sought to "destabilise" the present government in the state. They referred to the reinstatement of suspended Assistant Police Inspector Sachin Vaze and sensitive cases being given to him besides "undue influence" exercised by the NCP leader on transfer and postings of police officers.

During the hearing, senior Counsels Rafique Dada and Darius Khambata appeared for the State while ASG SV Raju and ASG Anil Singh represented the CBI. Senior advocate Rafique Dada told the division bench of Justices S Kathawalla and S Tavade that the CBI had exceeded its jurisdiction. He stated that the central agency was now demanding documents pertaining to the state government's probe against IPS officer Rashmi Shukla.

Maharashtra government flagged these portions of the FIR:

"Enquiry has also revealed that Shri Sachin Vaze, Assistant Police Inspector, Mumbai Police has been reinstated into the police force after being out of the police force for more than 15 years. The enquiry further revealed that Shri Sachin Vaze was entrusted with most of the sensational and important cases of Mumbai City Police and that the then Home Minister was in knowledge of the said fact. Further, the petition of Shri Param Bir Singh also finds mention of the fact that the then Home Minister of Maharashtra and others exercised undue influence over the transfer and posting of officials and thereby exercising undue influence over the performance of official duties by the officials." 

While he argued that the two paragraphs are outside the CBI's ambit, Additional Solicitor General SV Raju asserted that no part of the High Court order restricts it from investigating any part. Maintaining that the HC has directed the CBI to conduct a probe in this case, he stressed that the scope of the probe cannot be restricted to topic A, B or C once a cognizable offence is registered. Thereafter, the court asked the state government to submit their written submissions by Thursday evening. The matter will be taken up at 3 pm on May 20. 

Charges against Anil Deshmukh

The controversy came to the fore on February 20 when Param Bir Singh levelled serious 'extortion' charges against Anil Deshmukh. In a letter addressed to Maharashtra CM Uddhav Thackeray, Singh refuted Deshmukh's remarks that his transfer was due to serious lapses in the Antilia bomb scare case. Moreover, he alleged that the NCP leader had asked Sachin Vaze to extort Rs.100 crore per month from 1750 bars, restaurants and other establishments in Mumbai.

After the SC directed the CBI to conduct a preliminary enquiry, Deshmukh stepped down as the Home Minister on moral grounds and was replaced by Dilip Walse Patil. On April 21, the CBI registered an FIR against the NCP leader and unknown individuals under Section 7 of the Prevention of Corruption Act and Section 120 B of the Indian Penal Code. According to the FIR, the former Maharashtra Home Minister attempted to take undue advantage of public duty's improper and dishonest performance. 

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Published May 20th, 2021 at 07:27 IST

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