Will Anil Deshmukh probe be supervised by SIT? Bombay High Court to decide

The Bombay High Court on Friday reserved orders in a plea filed by the Maharashtra government challenging summons issued by the Central Bureau of Investigation (CBI) to Chief Secretary Sitaram Kunte and State Director-General of Police (DGP) Sanjay Pandey in connection with the case registered against former State Home Minister Anil Deshmukh..The State had sought for a Special Investigation Team (SIT) to probe the case. Till the pendency of the plea, a stay was sought on the ongoing CBI investigation.On Friday, both parties concluded their submissions and rejoinders, after which a Bench of Justices Nitin Jamdar and SV Kotwal reserved the plea for orders..Submissions made by Maharashtra government.Senior Advocate Darius Khambata, appearing for the Maharashtra government, contended that current CBI director Subodh Kumar Jaiswal had been the former DGP of Maharashtra. He had been a part of the Police Establishment Board (PEB) which was overseeing the transfer and postings of the State's police officers. With over 92 per cent of the recommendations by the PEB being approved by the State Home Ministry, these were not mere recommendations, Khambata contended.In light of this, Jaiswal, who is now heading the agency which is probing these allegations, would not be able to conduct an impartial investigation, it was argued.The CBI had issued summons to State officials immediately after the Mumbai Police had issued summons to CBI Director Subodh Jaiswal to appear before it in connection with an FIR registered in the illegal phone-tapping and data leak case. Khambata thus argued that the State government's officers were being “harassed” under the garb of an investigation.He clarified that while the State did not want to scuttle the investigation, the CBI could not continue to carry on with it in a compromised, pre-determined manner. The Court-directed enquiry being carried out by CBI was intended to instil confidence in public at large, hence having Jaiswal, a key witness in the probe, heading the investigation agency would not help in instilling that confidence, Khambata urged..Submissions by CBI.Additional Solicitor General Aman Lekhi opposed the plea filed by the State, which he claimed was an attempt to frustrate the probe against Deshmukh.He argued that the Court had been compelled to order an inquiry because the Maharashtra government had failed to initiate a probe into the allegations of misconduct and corruption made against Deshmukh earlier this year, based on the allegations made by former Mumbai Police Commissioner Param Bir Singh.Lekhi argued that when Jaiswal was appointed CBI Director in May this year, the Maharashtra government did not raise any objections before the High Court or the Supreme Court, and so present plea was filed belatedly.He contended that even if more than 90 per cent of PEB recommendations were approved, about 7 per cent of the remaining decisions were made by the Ministry headed by Deshmukh. Those may involve political interference and are required to be investigated, Lekhi emphasised.He argued that the State had no locus to file the petition on behalf of its officers, who could challenge the summons issued to them in their personal capacity.