Bombay High Court dismisses Maharashtra govt plea against CBI probe into transfers, postings of police officers by former HM Anil Deshmukh

The Bombay High Court on Thursday refused to interfere with the Central Bureau of Investigation (CBI) against former State Home Minister Anil Deshmukh and dismissed the plea filed by Maharashtra government in this regard. (State of Maharashtra v. Central Bureau of Investigation & Anr.).A Bench of Justices SS Shinde and NJ Jamadar effectively gave a green signal to the CBI to probe into the transfers and postings of police officers made by Deshmukh."The investigation (by CBI) can in our view legitimately enquire into the transfer and posting and reinstatement of Waze to the extent that it is in connection with former Home Minister Anil Deshmukh," the Court ordered. .Senior Advocate Rafique Dada appearing for Maharashtra government sought a stay to study the judgment and take further necessary steps and for continuation of the statement of CBI to not investigate into the two paragraphs challenged in the petition. However, Solicitor General Tushar Mehta appearing for CBI opposed such plea. .The Court refused to stay the judgment stating "since we have dismissed the petition by recording adequate reasons, and no restraint was in part of operation by CBI, we do not think it expedient to stay the effect and operation. Otherwise it would amount to interfering with the investigation which is part of the petition.".The petition sought quashing of two paragraphs in the FIR which pertained to transfer and posting of police officers and regarding the reinstatement of Additional Police Inspector Sachin Waze.Dada submitted that the two paragraphs were a "copy-paste" from the petition filed by former Mumbai Police Commissioner Param Bir Singh, Dada argued.He raised grievance that the unnumbered paragraphs were beyond the mandate of the April 5, 2021 order of the High Court..Dada apprised the Court that the State police was trying to investigate into the allegations raised by IPS officer Rashmi Shukla regarding the transfer of police officials in the State and the political interference in the same.He stated that by introducing the two paragraphs in the FIR, CBI was trying to interfere in the investigations ordered by the State thereby violating the federal rights of the State..Dada also submitted that CBI's attempt to investigate into the transfers and postings of police officials in the State will demoralise the State Police force, particularly when the High Court has not given permission for such a roving inquiry to the CBI..The State government was compelled to approach the Courts as the petition essentially sought an interpretation of a judicial order, Dada argued justifying the government's locus to file the petition..Opposing the plea, the CBI argued that that considering the charges were of corruption within the administration of the government, Maharashtra government should co-operate with the investigation instead of opposing it..Mehta stated that by removing the paragraphs in the FIR, the State was seeking to dilute the mandate issued by the Court, which had called for a probe into the matter..He added that by virtue of its petition challenging portions of the FIR, the government was trying to avoid investigation into the reinstatement of Waze and whether Deshmukh exercised undue influence over the posting of officials..Singh submitted that Param Bir Singh's letter did not limit itself to the alleged extortion charges, but also mentioned other deeds which included Deshmukh's influence over transfers and postings..After hearing the submissions of the counsel for Maharashtra government and CBI for over two days, the Court reserved the petition for orders on June 23, 2021. .[Read judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.