"I Had No Choice," Anil Deshmukh Sent Unofficial List Of Officers For Transfers And Postings : Principal Advisor To The Chief Minister Sitaram Kunte To ED

Kunte's statement is part of the Enforcement Directorate's supplementary charge sheet against Deshmukh, who was arrested on November 2, 2021, and is currently in judicial custody. Apart from Deshmukh, his sons Hrishikesh and Salil, Bhavik Panjwani, and eight companies that allegedly laundered money are also named in "bribe money laundering case." Fourteen others were earlier named in the charge sheet.

The ED's case is based on the CBI's corruption FIR against Deshmukh wherein Ex-Mumbai police commissioner Param Bir Singh alleged that Deshmukh had asked dismissed cop Sachin Waze and two other officers to illegally collect Rs 100 crore from bar owners every month for him.

The agency claimed that money received through extortion and other illegal means like bribes from transfers and posting of police officials in the State, was laundered for illegal gains of over Rs 15 crore.

Procedure For Transfers And Postings

Kunte's statement assumes importance as he is currently the Principal Advisor to the Chief Minister of Maharashtra.

Though, in his statement dated December 7, 2021, he claimed that the names Deshmukh sent would be discussed and deliberated upon in Police Establishment Board (PEB) meetings, "Usually, most of the suggestions/recommendations given by Shri Anil Deshmukh in the form of unofficial list used to be included in the final order (of the PEB meetings)," Kunte who was the de-facto head of the Police Establishment Board said.

Kunte told the ED that he would get the unofficial list picked up by one of his staff members and place it before the PEB for discussion after orally mentioning that it was an unofficial list sent by Deshmukh.

"In this regard, I state that at times Hon'ble Home Minister Shri Anil Deshmukh used to hand over an unofficial list containing suggestions in respect of certain police officers/certain posts with regard to transfer and postings… The said suggestions were discussed & evaluated as per the existing transfer & posting rules and regulations. Further I state that if anybody was found suitable as per merits, the same was considered and included unanimously by the PEB in the recommended list," Kunte's statement reads.

When asked why Kunte would accept an unofficial list from Deshmukh, he told the ED that being a subordinate, he had no choice but to accept it. However, he said that Anil Deshmukh would be in better position to answer why he (Deshmukh) would send such a list and why no records were maintained about the "unofficial" lists.

After explaining the procedure for police transfers in detail, Kunte said that Chief Minister is the competent authority for transfers and postings of IPS officers and Home Minister is competent authority for transfer and postings of Maharashtra Police Service officers of the rank Deputy Superintendent and above.

Kunte, however, denied that any other Minister, MLA, MLC or any member of any other party would send a list as well. The only other person who would send an unofficial list, as per Kunte, Deshmukh's Personal Secretary Sanjeev Palande, and that would be on Deshmukh's instructions. He also denied a suggestive question which said that the process for transfer and posting by Police Establishment Board used to be a mere formality and actual names of police officers/officials along with their postings used to be prepared prior to the PEB meetings.

Anil Parab Not Involved

Kunte specifically denied that any knowledge of Transport Minister Anil Parab being involved in the process of finalising names of police officers recommended by Ministers, MLAs, MLCs, party representatives from different political parties prior to meetings of PEB.

However, outsed Mumbai Police Commissioner, who started the series of allegations, claimed that Parab, like Deshmukh would give Waze instructions on important cases and also discuss his list of police officers for transfers and postings.

CM Stopped Transfer of 10 DCPs

He, however, accepted that transfers of 10 Deputy Commissioners of Police of Mumbai were stalled in July 2020, which was done on the basis of "telephonic instructions" from the Chief Minister, Uddhav Thackeray. The CM had told him that he (CM) had received certain complaints regarding transfers and postings and asked Kunte to convey to the Police Commissioner of Mumbai, Param Bir Singh, for maintaining status quo and that the Police Commissioner of Mumbai should apprise him (CM) regarding the matter.

"Further, I informed the same to Police Commissioner of Mumbai through telephonic conversations/WhatsApp message. Further, I state that I am neither aware of the exact nature of the complaints nor any further developments in the matter. On being asked about the criteria followed for issuance of modified transfer order of 10 DCPs I state that I am not aware about the modified order as the same was issued by Police Commissioner of Mumbai at his level. In my opinion, maybe Police Commissioner of Mumbai had apprised Hon'ble CM and got further directions from him for which I am not aware," he added.

Not Transfers When Rashmi Shukla Intercepted Calls

On being asked about then Chief of the State Intelligence Department Rashmi Shukla's report on corruption in police postings/transfers, Kunte said Shukla had submitted the report to the then DG Police, who forwarded it to him and he then sent it to the Chief Minister. He, however, added that no transfers had taken place during the relevant period.