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Bombay High Court Adjourns Maharashtra Govt Plea Against CBI Probe In Anil Deshmukh Case To June 18

Sharmeen Hakim
10 Jun 2021 4:11 PM GMT
Bombay High Court Adjourns Maharashtra Govt Plea Against CBI Probe In Anil Deshmukh Case To June 18

The Bombay High Court on Thursday adjourned the Maharashtra Government's petition, Filed through the Additional Chief Secretary of the Home Department, seeking deletion of portions in Central Bureau of Investigation's (CBI) FIR against former State Home Minister Anil Deshmukh and others, to June 18.

The court also adjourned Deshmukh's plea seeking quashing of the conspiracy and the corruption charges against him in CBI's FIR to the same date.

A bench of Justices SS Shinde and NJ Jamadar directed the parties to complete all their pleadings in the matter by June 16.

The CBI also agreed to continue its statement that it would not act till June 19 on documents sought from the Maharashtra government about complaints of alleged corruption in police postings and transfers.

The CBI also made a statement that it would not proceed against the State till June 19.

The Maharashtra Government's petition seeks to quash two paragraphs in CBI's FIR, which pertain to the reinstatement of Assistant Police Inspector Sachin Waze and alleged undue influence over the transfer of police officers.

Through the two paragraphs, the State has alleged the CBI intends to carry out a "fishing and roving inquiry" and find material to enable political opponents to "destabilise the present government in the petitioner State."

The petition says that CBI has violated section 6 of the Delhi Special Police Establishment (DSPE) Act by initiating a probe into the two aspects. This section prohibits the agency from exercising its powers in a State which has revoked its consent for the CBI to operate, except with the leave of High Court or Supreme Court.

On Thursday, even as the State government represented by Senior Advocate Rafique Dada partially argued the matter, Advocate Jaishri Patil, in whose petition the Preliminary Enquiry was ordered against Deshmukh, said she wanted to intervene in the case.

During the previous hearing on Tuesday, Justice Shinde sought to pacify Patil rather than admonish her when she outraged over a perceived 'insult' by him in an earlier proceeding.

However, during Thursday's hearing, Patil said she wanted to intervene in the matter and raise preliminary objections to the admissibility of the plea. She also said that dismissed cop Sachin Waze is a necessary party. Waze is in NIA's custody in the Ambani Terror Scare Case.

"They are like Romeo and Juliet (State and CBI), necessary party is Sachin Waze. He should be made a party, the petition should be dismissed."

Dada submitted that if Patil ought to file an intervention application, the State should be given an opportunity to respond.

Solicitor General Tushar Mehta, appearing for CBI said that he would canvass arguments on how the State does not have the locus to file such a petition pre-empting action.

Justice Shinde said Patil should file her intervention application, and affidavit by Monday, June 14 and the State could file its reply by June 16.

The Court asked Mehta to continue his statement not to seek certain documents related to their investigation from the State till then. He agreed.

The bench then adjourned the matter to June 18.

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