Rather advisable for Chief Justice's Bench to hear matter: Bombay High Court in Maharashtra plea challenging parts of FIR against Anil Deshmukh

The Bombay High Court on Wednesday conceded that the plea filed by the Maharashtra government challenging certain portions of the First Information Report (FIR) registered against former Home Minister Anil Deshmukh should be heard by a Bench headed by Chief Justice Dipankar Datta. (State of Maharashtra v. Central Bureau of Investigation).The Court also recorded the statement made by the Central Bureau of Investigation (CBI) that it will not act on letters asking the Maharashtra government to produce certain documents related to its investigation against Deshmukh..In letters written to the State government, the CBI had sought the following documents:Letter/report of then Commissioner, State Intelligence Department Rashmi Shukla; andMinutes of Meetings of Police Establishment Board.The statement came after the CBI made a submission before the Court through their written notes of arguments that the matter should be heard by the First Bench, which had given permission for the CBI inquiry into the case in April this year..The vacation bench of Justices SJ Kathawalla and SP Tavade agreed to this request."You are right. It is simpler there. State's allegation is that it is going beyond the scope of their order. It is rather advisable (for the CJ's Bench to hear) we will say," the Bench clarified. .The Bench, however, asked Additional Solicitor General SV Raju to make a statement that CBI will not insist on the documents till the matter is heard by the CJ's bench, to which he agreed.Raju also clarified that the statement will only extend to the documents sought for in the letters, and to nothing else..The Court recorded in its order that the statement made by CBI will continue to be in effect till June 9, 2021.The matter has been posted for further necessary directions before the Bench of CJ Datta on June 8..CBI's statement was made in the plea filed by the Maharashtra government challenging certain portions of the FIR registered against former Home Minister Anil Deshmukh on the ground that the investigation into those aspects intended to destabilise the Shiv Sena-Congress-NCP government in the State..The FIR was registered by CBI against Deshmukh after the Bombay High Court had given permission for inquiry on April 5, 2021 in a petition filed by former Commissioner of Mumbai Police Param Bir Singh..ASG Raju had on May 19 justified the two paragraphs in the FIR, claiming that there was no restriction upon CBI to carry out probe of any type once requisite permission had been received. Thereafter, in a late night hearing of May 21, Senior Advocate Rafique Dada. appearing for the State, submitted that the information sought by CBI to investigate the case involved documents and digital devices which were in no manner within the scope of inquiry permitted by the Court. .Bombay High Court Bench headed by Justice SJ Kathawalla sits for over 12 hours on Wednesday; rises at 11.15 pm after hearing 80 matters .[Read order here]