Can't Have Impartial Probe With Subodh Kumar Jaiswal As CBI Director, Maharashtra Govt Seeks SIT Probe In Anil Deshmukh FIR

The State has sought constitution of a Special Investigation Team as well as directions to stay the proceedings arising out of the CBI probe and has raised a grievance against summons issued by the agency to the State Chief Secretary Sitaram Kunte and DGP Sanjay Pandey, claiming that its "highest officers" are being harassed.

A division bench of Justices Nitin Jamdar and Sarang Kotwal was, on Thursday, hearing the State's plea against the CBI probe and summons issued to the senior officials.

Senior Advocate Darius Khambata, appearing for the State, submitted that Jaiswal became the CBI Director on May 26 and before that he used to oversee transfers and postings in question as State's DGP, therefore, an agency headed by him cannot conduct "impartial, independent and fair probe".

He added that it was surprising that while the CBI had summoned Sitaram Kunte and Sanjay Pandey, who were not even a part of the PEB, Param Bir Singh and Subodh Jaiswal were not called for interrogation despite them being a part of the PEB at the relevant time.

The case pertains to a letter addressed to the Maharashtra Chief Minister by former Mumbai Police Commissioner Param Bir Singh on March 20 this year. In this letter, Singh accused then Home Minister Anil Deshmukh of corruption in transfers and postings of police officers. A division bench of Bombay High Court headed by Chief Justice Dipankar Datta, on April 5, passed an order directing the CBI to conduct a preliminary enquiry into a complaint made by an advocate to a police station in Mumbai. This complaint was based on Singh's letter to the Chief Minister. After completing a PE, the CBI registered an FIR against Deshmukh and others on April 21.

While a separate case has been registered by the Mumbai police at the Cyber Police Station at Bandra-Kurla Complex and summons issued to the CBI Director Jaiswal, the CBI has issued summons to Kunte and Pandey in connection with the case registered with the agency. The Cyber Police Station case pertains to alleged illegal phone tapping and data leak with regards the police transfers and postings.

Khambata submitted that Jaiswal was heading the very board which was deciding these transfers and postings. "We do not know if Jaiswal had brought the evidence during the CBI probe. We now have an investigation by the CBI with this person as head of this agency? Then why not have Anil Deshmukh as Director of CBI? It is not that Jaiswal is going to issue summons to himself and his junior officers will not do so either. Let there be a fair, full and complete probe and it is critical to instil public confidence," Khambata argued.

"Let them (CBI) issue summons to Jaiswal and Param Bir Singh. It is very clear that CBI is looking into transfers and postings at the relevant time, including when Jaiswal was the DGP and because he was a member of PEB, and same is critical to the probe. Inherently and functionally there will be a bias, if the head of an organisation investigating the case is subject matter of probe," he added.

Solicitor General of India Tushar Mehta, appearing for CBI, along with Additional Solicitor General Aman Lekhi, submitted that despite its failed attempts earlier, the Maharashtra Government had filed yet another "misconceived" petition to derail the CBI probe.

"The state government has no role to play in the investigations but is only trying to help the accused. Rather than trying to derail the investigations, it can get the issues examined. Jaiswal's appointment was made in May and the State is coming to court in October. If they (Kunte and Pandey) feel they are potential accused and are going to be affected by the probe, they can file separate pleas," Mehta submitted.

The HC, granting a week's time to the CBI to reply to the petition, orally said that Kunte and Pandey are at liberty to approach the court if they are summoned again before the next hearing and adjourned the case for October 28.