Sanction not required for investigating corruption charges: CBI to Bombay High Court in Anil Deshmukh's plea against FIR

The petition filed by former Maharashtra Home Minister Anil Deshmukh seeking quashing of the FIR registered against him by the Central Bureau of Investigation (CBI) is an abuse of the process of law, the CBI has told the Bombay High Court..In its affidavit, CBI has stated that Deshmukh's petition is unsustainable as he is seeking to quash an investigation into an offence which even the High Court observed as being a cognizable offence..On the petition filed by the Maharashtra government, CBI has submitted that even the government has not raised a grievance of lack of sanction to initiate proceedings against Deshmukh..CBI stated that the FIR had been registered on the basis of a preliminary inquiry which the High Court had allowed in a batch of petitions seeking a probe into corruption allegations against Deshmukh.It is claimed that the Court had also granted the agency liberty to decide on the future course of action. Hence, based on such preliminary enquiry, when a cognizable offence was discovered, it proceeded to register an FIR against Deshmukh.CBI also added that during the course of inquiry, if the agency came across another cognizable offence "intrinsically connected" to the offences alleged, then investigation had to be made in such offences irrespective of the initial inquiry..The enquiry was conducted into the allegations levelled by one Dr. Jaishri Patil in her complaint related to illegal gains, corruption, extortion, criminal conspiracy etc.It is claimed that the investigation into the transfer/posting of police officers seemed to be directly related to the allegations levelled by Patil and former Mumbai Police Commissioner Param Bir Singh."It cannot be denied that the exercise of undue influence over transfer/posting of police officers by political executives may result in exercising undue influence over the performance of official duty by police officers," CBI stated..It is further submitted that registration of FIR for offences under the Prevention of Corruption (PC) Act, no specific permission was required. The allegation against Deshmukh was that he had set a target of extortion for Sachin Waze, who was Assistant Police Inspector with the Crime Investigation Unit of Mumbai Police, to collect money from bars, restaurants and/or other establishments in Mumbai.This, the CBI claimed, constituted an an offence under Section 7 (illegal gratification and extortion) of the PC Act and hence an offence was made out against him."The offence of attempt to obtain undue advantage for improper and dishonest performance of their public duty is not covered under the purview of recommendation made or decision taken by such public servant in discharge of his official functions or duties," the affidavit stated.The agency also added that since the investigation had been called for by the High Court, the requirement of sanction did not arise. .Anil Deshmukh, Shiv Sena Minister Anil Parab asked me to extort over Rs. 100 crore: Sachin Waze in statement to NIA court [READ STATEMENT].CBI has thus prayed for dismissal of the petition on the ground that if any relief is granted to Deshmukh, then the investigation at a preliminary but crucial stage will be hampered..Deshmukh had assailed the FIR filed against him by the CBI for offences of corruption and criminal conspiracy, on the ground that the agency had failed to obtain requisite sanction prior to registering the FIR, as he was a public servant at the time of registering offence.He was refused interim relief when his petition was listed for interim hearing..The petition is posted for hearing on June 18.