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Court Reserves Order On CBI's Application Seeking 5 More Days Custody Of Anil Deshmukh
Sharmeen Hakim
11 April 2022 12:02 PM GMT
A special CBI court in Mumbai on Monday reserved its order in the case of the custody of former Maharashtra Home Minister Anil Deshmukh. The Central Bureau of Investigation was seeking his custody for five more days in the case regarding corruption in transfers and postings of police officers in the state. CBI says it wants to confront Deshmukh with more witnesses and suspects.Senior...
A special CBI court in Mumbai on Monday reserved its order in the case of the custody of former Maharashtra Home Minister Anil Deshmukh. The Central Bureau of Investigation was seeking his custody for five more days in the case regarding corruption in transfers and postings of police officers in the state. CBI says it wants to confront Deshmukh with more witnesses and suspects.
Senior Advocate Vikram Chaudhry, appearing for Deshmukh argued that the entire process is bad in law and there is no significant progress in the investigation, in which Deshmukh has been cooperative.
On being asked about the CCTV cameras by the Court, the CBI responded that while CCTVs are available in the station, they are not placed in the interrogation rooms. Advocate Shekar Jagtap for co-accused Sanjeev Palande and advocate for Kundan Shinde also oppose further custody.
The CBI prosecutor submitted before the Court that they had specifically mentioned "to be interrogated at length" which does not necessarily mean that the interrogation is completed.
"Three hours in the day get wasted because of breakfast lunch dinner and family visits..... This is not like a normal case sir. Every few hours they say we are feeling tired. We have to take care of their health, their is no ill-treatment."
Advocate Aniket Nikam submitted that his client (Anil Deshmukh), has never said that he is tired. He also submitted that CCTV footage has been sought so that everything is clear and that they do not wish to respond to malafide allegations. He argued that the case diary must be produced to prove that his client has not cooperated. Fundamental rights cannot be compromised on the whims of the prosecuting agency, he added.
The court noted that a CCTV has two aspects- one is inside police stations and the second during interrogation. The Court remarked saying that where is it said that during interrogation CCTV is required. Advocate Shekhar Jagtap, appearing for Palande who earlier accused the CBI of threatening to beat him up, cited the judgment delivered by Justice SJ Kathawalla on the point of CCTV installation in the police station. In the judgment, it has been mentioned that,
"In order to ensure that no part of the police station is left uncovered...", which in his submission will also include the lock-ups and other places.
The CBI prosecutor submitted that this CCTV is only for the reason that if there is mistreatment, the same can be informed to the superiors.
The Special CBI court on Wednesday had extended the remand of former Maharashtra Home Minister Anil Deshmukh and 4, others in CBI's custody, in a case relating to corruption in police transfers and postings.
Special Judge DP Shingade passed the order after the CBI sought the custody of Deshmukh, and his co-accused Sanjeev Palande, Kundan Shinde and dismissed cop Sachin Waze for an additional period of five days.
While CBI said they wanted the accused's custody for further interrogation and accused them of not cooperating, the accused strongly denied the allegation, stating that they had always cooperated with the investigation.
The CBI took Deshmukh in their custody on April 6, 2022. While Deshmukh had challenged a special court's order granting the CBI permission to take him in custody in th HC, his petition couldn't be heard after two judges recused.
Anil Deshmukh's Arguments
Senior Advocate Vikram Chaudhry, appearing for Deshmukh, opposed the extension of remand saying that not answering the agency's questions cannot be a ground for extending custody as Deshmukh "had a fundamental right to remain silent."
Chaudhry also submitted that not everything that the agency said needed to be taken as true, saying that the remand application came across as if whatever they write there was gospel truth and that whatever they mention in the application ought to be considered.
He also argued that there it had been a year since the CBI case was registered, but they never felt any need for arresting Deshmukh while he wrote to the agency in November last year, asking them to interrogate him, however, he was arrested by the CBI just before his bail application in the PMLA case by the Enforcement Directorate was to be heard.
Chaudhry argued that simply because there is a right to arrest does not mean that a person must necessarily be arrested and if he was arrested, then was granting custody necessary. He submitted that despite several directives, that people who are of old age and suffering from ailments need not be arrested. He then submitted that he wasn't seeking any preferential treatment for Deshmukh, but was only saying that he be treated in accordance with law.
Background
CBI had registered the FIR against Deshmukh and unknown others on April 21, 2021 under Section 7 of the Prevention of Corruption Act and section 120B of the IPC for an attempt to obtain undue advantage for the improper and dishonest performance of public duty.
The FIR was backed by the Bombay HC order, directing the agency to conduct a Preliminary Enquiry into the Rs. 100 crore corruption allegations against Deshmukh that were levelled by former Mumbai Police Commissioner Param Bir Singh in his letter to the Chief Minister on March 20, 2021.
However, Deshmukh's 'knowledge' of now dismissed Assistant Police Inspector, Sachin Waze's reinstatement in June 2020,is also part of CBI's FIR. Waze is in prison in the Ambani Terror Scare – Mansukh Hiran Murder Case.
