Bombay High Court rejects Rashmi Shukla plea seeking quashing of Mumbai Police FIR

The Bombay High Court on Wednesday rejected the plea filed by Indian Police Service (IPS) officer Rashmi Shukla seeking quashing of the first information report (FIR) registered by the Mumbai Police against unknown persons for leaking information pertaining to police postings..The Bench of Justices Nitin Jamdar and SV Kotwal pronounced that "both the prayers that is for quashing of the FIR and for the transfer of investigation are rejected. However, if the Respondent – State intends to take any coercive steps against the Petitioner, the Respondent – State will give advance notice of seven working days to the Petitioner.".Shukla had moved the High Court after an FIR was registered by the Cyber Crime Department, Mumbai under the Official Secrets Act against unidentified persons over alleged call intercepts and leaking of certain confidential documents by Shukla when she was heading the State Intelligence Department (SID)She was head of the SID when the alleged phone tapping took place and is presently the Additional Director General of the Central Reserve Police Force's (CRPF) South Zone in Hyderabad.The case against Shukla was that she had allegedly written a letter to the then Director General of Police, Subodh Jaiswal about the alleged police transfers and details of intercepted calls. It was alleged that in a report submitted by Shukla to Chief Minister Uddhav Thackeray, Shukla herself had leaked the confidential report. After this report, the complaint was filed and FIR was registered..Senior Advocate Mahesh Jethmalani, appearing for Shukla, argued that by pinning the blame on Shukla, the State government was attempting to protect the present Chief Secretary of Maharashtra.Jethmalani argued that the action by the Maharashtra government was an attempt to keep a gun against her head and that Shukla had performed her duty as per mandate of the law. .The Mumbai Police responded by contending that Shukla was not even named as an accused in the FIR registered in connection with the alleged leaking of confidential information about police postings in the State.Senior Advocate Darius Khambata, appearing for the Maharashtra government, informed the Court that even if Shukla is not named as an accused, the probe against her ought to continue as there is substantial material against her. It was further argued that the investigation involved three pen drives requisitioned by Shukla which contained information which is vital to the investigation. .The Court concluded that since the FIR under challenge prima facie disclosed cognizable offences, the police had duty to investigate. It observed that no ground was made out to quash the FIR and to prevent any further investigation. .The Court held that the plea for transferring investigation to CBI for the same reason that CBI was also investigating into the transfer of police postings in the FIR registered against former Home Minister Anil Deshmukh is without merit as both the investigations are different.The Court observed that even if the contents of Shukla's report are found to be correct, the alleged leakage of official documents would constitute an offence and the result of that would not depend on CBI investigation..Jethmalani appeared alongwith Advocates Gunjan Mangla instructed by Sameer P Nangre.Khambata was briefed by Assistant Public Prosecutor JP Yagnik with Advocates Pheroze Mehta and Tushar Hathiramani. Additional Solicitor General Anil Singh with Advocates Aditya Thakkar, DP Singh, Smita Thakur and Pranav Thakur appeared for CBI. .[Read order]