HC grants relief to whistleblower IPS Rashmi Shukla but lets Mumbai cops take statement

The Bombay High Court on Thursday granted protection to senior IPS Rashmi Shukla from arrest in the phone tapping case, which is an offshoot of the postings racket she flagged in the Maharashtra administration and bureaucracy which is related to the Vazegate series of matters.

The Bombay High Court was hearing petitions of former Mumbai CP Param Bir Singh, and of senior IPS officer and former Maharashtra Intel top cop Rashmi Shukla seeking protection against any coercive action in the FIRs filed by Mumbai Police connected to the leaking of sensitive information related to police postings. IPS Shukla had moved Bombay HC seeking protection against any coercive action in Mumbai Police's FIR. Although the HC granted protection, it has also allowed the Maharashtra Government to record the statement of Rashmi Shukla.

The division bench comprising of Justices SS Shinde and Manish Pitale were to post the hearing on the case after vacation. However, Senior Advocate Darius Khambata representing the Maharashtra Government said, "I want to make an alternate suggestion. We don't know when will the pandemic get over and if she (Shukla) can't leave from Hyderabad, we will send a team and will do a recording of her statement. But she must cooperate."

Senior Advocate Mahesh Jethmalani representing Rashmi Shukla asked for an assurance that the Mumbai Police should not arrest her.

"They should make a statement they will not arrest her," Jethmalani said, to which, Khambata obliged saying, "We don't intend to arrest her till the next date while stating that the Statement recorded should be considered as a statement under section 161 of the CrPC. 

The Court directed the state to send a team to Hyderabad to get Rashmi Shukla's statement, however, Khambata said the statement can be taken virtually over a video call. Jethmalani said his client Rashmi Shukla has no objection to her statement being recorded on a video call.

Bombay HC denies protection to Anil Deshmukh

The Bombay HC also refused to stay CBI's investigation against ex-Home Minister Anil Deshmukh. The Court said that these directions are confined to the present petition only and the order is not to be construed as any hindrance to any further investigation of the CBI against former Home Minister Anil Deshmukh. Senior Advocate Amit Desai representing Anil Deshmukh objected to it, but the Court ruled out saying it cannot stall CBI's investigation. The Court observed that Anil Deshmukh is not a party in this petition. Anil Deshmukh had moved the HC seeking quashing of the FIR which accused him of taking undue advantage for the improper and dishonest performance of public duty.

The phone tapping case against Rashmi Shukla

Mumbai's cyber police registered an FIR against unknown persons under the Official Secrets Act after former Maharashtra CM Devendra Fadnavis leaked call intercepts of IPS officers and other sensitive details. The calls were recorded when Shukla headed the State Intelligence Department (SID). Maharashtra's Chief Secretary Sitaram Kunte had alleged in a report submitted to Chief Minister Uddhav Thackeray that it appears Shukla herself had leaked the confidential information (to Fadnavis).
Fadnavis made the details public in March, to accuse Maharashtra Home Minister Anil Deshmukh of indulging in corrupt malpractices while effecting police transfers. The Cyber police had summoned Shukla to appear before them. The allegations levelled by Fadnavis and in Rashmi Shukla's letter which was accessed by Republic are grievous in nature.