'Investigation Bound To Fail If Police Leaks Case Related Documents': CBI Opposes SI Abhishek Tiwari's Bail Plea In Delhi High Court

Opposing the bail plea moved by sub-Inspector Abhishek Tiwari, who is accused subverting ongoing investigation against former Maharashtra Home Minister Anil Deshmukh, the CBI said that investigation is bound to fail if members of police start leaking related documents and strategies.

In its affidavit, the Central Bureau of Investigation (CBI) said:

"The present offence is committed by a police officer and a lawyer, both of whom are obliged to protect and preserve the sanctity of legal system in India. For the same rationale to which the courts have treated custodial deaths to be worst form of crime (As committed by those who are obliged to protect lives), the present offence must be treated as an extremely serious one for the reason of its commission and the persons who have committed it."

The reply adds:

"...in our criminal jurisprudence if a Lawyer and the Police are permitted to make "arrangements" and then are let off lightly, the entire criminal jurisprudence will collapse."

Praying that bail may not be granted to Tiwari, CBI has stated that his release, when the case is at a preliminary stage, would be highly counter-productive to the fair investigation.

Furthermore, the CBI has submitted that being a police officer, Tiwari was supposed to protect and preserve the sanctity of legal system, however, he committed offence of serious nature thereby making his case undeserving for bail.

"...the prevalent conditions in which the police has to perform the complicated and difficult job of ensuring law and order, preventing crime and taking action against the offenders and all these require homework and team work and if any member of police, as petitioner did in this case, starts giving clues and leaks the police strategy/case related documents, the strategies/investigation are bound to fail," the plea adds.

It further reads:

"Society expects responsibility and accountability from the member and it desires that the citizen should obey the law. Therefore, when an individual behaves in a disharmonious manner ushering in disorderly thing which the society/ law disapproves, the legal consequences are bound to follow."

The FIR was registered against Tiwari and unknown others alleging that they entered into a criminal conspiracy for the purpose of disclosing the case sensitive and confidential documents to Advocate Anand Daga in lieu of undue advantage and illegal gratification.

CBI had arrested Daga and Tiwari from Mumbai and Delhi respectively. After being produced before a Magistrate's Court in Mumbai, transit remand was given for Daga thereby directing his production before a Delhi Court.

In the bail plea, Tiwari stated that the FIR has been registered against him on the basis of surmises and conjectures and that he has been entangled in the matter because of a "conspiracy of victimization hatched by some seniors, who always had an eye on his integrity, honesty and uprightness" in performing his duty as an Investigator for CBI.

"Basically, the present case is a rivalry between the senior officers, wherein the Petitioner has been made a scape-goat for obvious reasons that the being lower in rank did not toe with the whims and fancies of certain senior officers relating to the manner of Investigation," the plea read.

Case Title: Abhishek Tiwari v. CBI