[Phone tapping case] IPS officer Rashmi Shukla granted protection from arrest till April 1 by Bombay High Court

The Bombay High Court on Friday directed the Mumbai Police not to take any coercive action against IPS officer Rashmi Shukla in connection with the alleged phone tapping of Shiv Sena leader Sanjay Raut and Nationalist Congress Party (NCP) leader Eknath Khadse. .Shukla has approached the High Court seeking quashing of the first information report registered under Section 166 (public servant obtaining valuable consideration in a business transacted as public servant) of the Indian Penal Code and Section 26 of the Indian Telegraph Act..A Bench of Justices PB Varale and SM Modak was told by Senior Advocate Mahesh Jethmalani that Shukla will co-operate with the agency for investigation and show her bonafides if certain dates are stipulated. Her statement was accepted as an undertaking. Finding that a case had been made out by Jethmalani for interim relief, the Mumbai Police was directed not to take any coercive action of arrest against her till April 1, 2022. In the meantime, Shukla was directed to appear before the Colaba police station on March 16 and 23 from 11 am to 1 pm. .Jethmalani along with Gunjan Mangla argued that Shukla was the only officer who had been arraigned as accused in the FIR, even though there were more officers involved in the process of unearthing the narcotic operations in which the alleged phone tapping happened. "This inexplicable act of singling out the petitioner itself reinforces strong apprehension of further malafide action at the hands of the State Government," Jethmalani argued. The Court, however, found no such statement explicitly spelt out in the petition. Further, the Court also mused about the malafides that were alleged and sought more details on the same.Jethmalani then asked for time to appropriately amend the petition so that these issues raised by the Bench could be clarified. The Court allowed the same. .Chief Public Prosecutor (Chief PP) Aruna Pai opposed such grant of relief. She stated that there were Supreme Court judgments which expressly held that "no-coercive action" cannot be granted in the interim stage. She further stated that the offences alleged against Shukla were all bailable offences, so there was no question of coercive action.The Bench asked if the police was willing to make a statement that Shukla's arrest is not required in the case, to which the Chief PP responded that she had no instructions on the same."Is she a hardened criminal that she will flee away? Will she not come?" the Bench asked. Pai also informed the Court that the FIR was against other officials as well, however their details could not be disclosed before fastening any criminal liability against them..Shukla had been booked in an FIR with similar offences by the Pune police. A co-ordinate bench of the High Court has granted her protection from arrest till March 25 after Shukla stated that she will co-operate with the investigation. Pai submitted that Shukla had failed to co-operate with the investigation and hence she should not be granted protection in the present case. The Bench however reprimanded the State for not approaching the High Court if there had been a default."If you are so serious then why did you not move the court?" the Court asked. .Considering the submissions made, the Bench deemed it fit to issue notice to the State to file a response on the merits of the plea. The Bench proceeded to pass an order to protect Shukla and also recorded the dates when she will appear before the police station so as to protect the interest of the State.The Court clarified that Shukla's failure to respond to the call of the police authorities for investigation would be adversely considered against her. .Meanwhile, the Pune police FIR petition was also tagged along with this petition and posted for hearing on April 1. The interim relief granted in that matter was also extended till April 1, 2022. .Shukla has stated in her plea filed through advocate Sameer Nangre that the FIR had been filed by the Maharashtra government to target her as she had submitted a report disclosing the involvement of various political leaders in transfer and postings of senior police officials. "The State police machinery is being used to harass the present Petitioner who has conducted and performed her duties with utmost honesty and integrity" her plea stated. She claimed that the FIR was a malicious action, a clear abuse of process and an act of political vendetta to pressurize her..[Read order]