CBI Undertakes Before Bombay HC To Not Seek Documents From Maharashtra Govt In Probe Against Anil Deshmukh Till June 9

The division bench headed by Justice SJ Kathawalla passed the order following CBI's submissions that the State's plea should be decided by the same bench which directed the Preliminary Enquiry against Anil Deshmukh on April 5, 2021, as it would require interpretation of the order.

The State, led by Senior Counsels Rafique Dada and Darius Khambata, agreed.

CBI then undertook not to act on its letters seeking certain documents from the Maharashtra Government. The case is likely to be placed before the Chief Justice on June 8, 2021, a day after the vacation, after the Registry obtains necessary permission.

The CBI is seeking two documents from the State. The first document is a letter/report of IPS officer Rashmi Shukla, the then Commissioner State Intelligence Department, dated August 28, 2020. It pertains to complaints received alleging malpractices in police postings, wherein Shukla recommends a high-level inquiry. The second pertains to the minutes of the meeting of the Police Establishment Board.

In their plea, the State has claimed that the two paragraphs in CBI's FIR about the reinstatement of Assistant Police Inspector Sachin Waze and the matter related to police transfers were not mandated for investigation by the CJ led bench.

Doing so without the State's consent was a flagrant violation of the law, the State claims. The CBI is trying to initiate a roving inquiry inter-alia into the transfers and postings of officials by the State Government, it alleged.

During Wednesday's hearing, Justice Kathawalla noted substance in CBI's contentions and said it would be easier for the Chief Justice's bench to hear the matter.

"We will say it is advisable for that bench to take it up," Justice Kathawalla said, adding, "..But then you will have to agree that till it goes before that bench you will not insist on those letters you are asking them to provide."

"I can't get through to my officer, but I am ready to make a statement, we will hold our horses till then (the CJ hears the matter)," ASG SV Raju representing the CBI told the court on Wednesday.

The bench then dictated the order, recording the State's submissions and CBI's statement.

"The CBI had earlier mentioned before us that this matter should be heard by the same bench that has passed the order dated 5/4/2021...it cannot be disputed that the issue involved would reiquire interpretation of the Order dated 05th April, 2021...Therefore, we have inquired from ASG Raju, whether CBI is agreeable, to NOT act on the letters addressed to the State, requiring them to give certain documents, to which Raju has answered in the affirmative. We, therefore, accept the Statement of Raju on behalf of the CBI. And direct the Registry to place the matter before the bench comprising the CJ on 8th for necessary directions."