Bombay High Court Issues Notice On CBI's Plea Alleging Non-Cooperation By Maharashtra Govt In Anil Deshmukh Case

Additional Solicitor General Anil Singh for CBI conveyed that their earlier statement not to seek the documents on transfer and postings from the Maharashtra Government was only till the State's petition was decided.

Moreover, the tenor of the State's letter refusing the documents was such that it would effectively amount to threatening CBI officers.

Justice Shinde said to the State's Counsel present in court,

"Some ACP is threatening the CBI officers. Please find out what is what. Do not create an unfair situation that we have to take them to task."

The Maharashtra Government has refused to share the documents citing the reason that they would be challenging the High Court's July 22 order in the Supreme Court. On July 22, the HC had declined to quash portions of CBI's FIR.

"The investigating agency can legitimately investigate the transfers and posting connected to Mr Anil Deshmukh and his associates, keeping in view the observation made in the Division Bench", a bench of Justices SS Shinde and NJ Jamadar said.

The documents sought by CBI is an August 2020 letter/ report prepared by senior IPS officer Rashmi Shukla, who was heading the State Intelligence Department. The report pertains to the issue of corruption in police postings.

CBI's plea states that it had written a letter to the State Intelligence Department (SID) seeking details of Shukla's communication, but it was refused on the grounds that the document was part of an ongoing investigation.

"This was in clear violation of the order of the High Court which categorically had refused a stay on their order and no such order had yet been obtained from the Supreme Court," the CBI said.

The plea further read that,

"In view of the constant hindrance of the State government to the investigation, the CBI has sought for directions to the Maharashtra government to provide documents sought by CBI and to hand over a copy of the documents sought." 

The CBI had registered an FIR on April 21, following Bombay HC's orders to conduct a Preliminary Enquiry into the Rs. 100 crore corruption allegations against Deshmukh levelled by former Mumbai Police Commissioner Param Bir Singh in his letter to the Chief Minister on March 20, 2021.

Case Title: State v. Central Bureau of Investigation