[Anil Deshmukh case] Why is State not handing over documents to CBI? Bombay High Court to Maharashtra government

The Bombay High Court on Friday once again took an unfavourable view of Maharashtra government's reluctance to share documents sought by Central Bureau of Investigation (CBI) for its ongoing probe against former State Home Minister Anil Deshmukh..A Bench of Justices SS SHinde and NJ Jamadar demanded why the Maharashtra government has not provided relevant documents to the CBI and also asked the State which documents would it be willing to be provide.Justice Shinde pondered why the State was refusing to furnish these documents, especially since the State had categorically stated earlier that it has no issues with the ongoing CBI investigation against Deshmukh."We remember (Rafique) Dada (counsel for State) saying we have nothing against the investigation. The petition by State (against sharing documents on transfers and postings of police officer) was dismissed, SLP was dismissed. We do not understand.. We do not have the words… Why should State do this.. like this?"The Court was hearing an application filed by CBI raising grievance that the State was not furnishing documents violating of the orders of the High Court. .In response to the application, the Maharashtra government by way of an affidavit, submitted that the documents demanded by CBI has no relevance to the ongoing investigation. .Senior Advocate Rafique Dada appearing for the State, clarified that it has been refusing 'irrelevant' documents, only because CBI seemed to be "abusing the orders passed by the Court not only in the present matter but also in other connected matter in pressurizing the State to share such document and information which, CBI is not legally entitled to receive".Citing the terms 'relevant' and 'needed' mentioned in CBI's application, the State contended that such words could given "uncontrolled, unrestricted and unimaginable authority" to CBI. .Justice Jamadar recollected that the trigger for State to file its plea was when CBI had sought certain documents which included Rashmi Shukla's report. "We have not said that those two documents are irrelevant, we have said that those documents cannot be utilised in an unfettered manner or investigate in every posting," Justice Jamadar said interpreting their order of July 22, 2021. .[Anil Deshmukh FIR] Duty of Police to enforce law of the land: Bombay High Court quotes Lord Denning while dismissing Maharashtra govt plea.When Dada replied with his apprehension was that the report they sought was something that had been leaked to the media earlier (which was the subject matter of their investigation against Shukla), the Court stated they did not find any reason so far to believe that CBI is going to "leak the report"."Why should we suspect that CBI will share.. Both are agencies of the State. There may be occasions where State and centre share information for the investigations.".The Bench also mused why the State was so vehemently resisting sharing a document supposedly already in public domain. "If it is in public domain, then what is the harm in sharing it? They (CBI) may ask anything, but whatever has been held by this court, in two judgments, at least begin with (sharing) that"..Dada concluded his submissions by stating that if the Court gives clear instructions that documents have to be furnished, then the same will be complied with. However, he stated that the Court ought to protect the State's ongoing enquiry as well. This was when the Court categorically asked Dada to take instructions on what the Maharashtra government was willing to furnish to the CBI from the list of the documents sent by them earlier..Additional Solicitor General Aman Lekhi for CBI argued that the "wilful refusal of State to give documents" and their "bull-headedness to stall the investigation" was evident. He submitted that twice the High Court directed the Maharashtra government to hand over copies for investigation and each time, the High Court had issued directions to them to handover copies. However, their continued resistance to supply those copies "brings into focus the maladies of their exercise". .Through their application CBI had sought documents pertaining to transfer and posting of police officers during the time Deshmukh served as Home Minister.When such demand was challenged by the State government in their plea, the High Court dismissed such plea which was also upheld by the Supreme Court on Thursday. .Supreme Court dismisses Maharashtra govt plea against CBI probe into transfers, postings of police officers by former Home Minister Anil Deshmukh.While issuing notice on CBI's application, the Court directed the Maharashtra government to follow the order in letter and spirit. They also asked the Chief Public Prosecutor Aruna Pai to ensure that no "unfavourable situation" is created which could compel the Court to take the officers to task.