"CBI Seems To Have Left The Horse Pulling The Cart": Delhi Court Directs Investigation Against Anil Deshmukh In Document Leak Case

A Delhi Court yesterday directed the Central Bureau of Investigation (CBI) to conduct investigation against former Maharashtra Home Minister Anil Deshmukh in connection with the document leak case, observing that the agency seemed to have left the engine or horse pulling the cart.

Special Judge Sanjeev Aggarwal also took cognizance of the chargesheet which relates to the allegations of leaking sensitive information, thereby subverting investigation into the corruption case. 

The Court took cognizance against CBI Sub Inspector Abhishek Tiwari, Deshmukh's lawyer Anand Dilip Daga and unknown others under Section 120B r/w sec.201, 379, 409, 411 of Indian Penal Code; sec. 7 & 8 of Prevention of Corruption Act 1988; sec. 43 r/w sec. 66 & 66B of Information Technology Act 2000.

Observing that the accused persons appeared to have been closely associated with Anil Deshmukh and may have been acting in tandem with him, who may be the controlling mind of the larger conspiracy, the Judge ordered thus:

"The CBI seems to have left the engine / horse pulling the cart, thereby only arraigning those travelling in cart, as without pull of engine or horse the ride of cart or conspiracy would not have been possible, despite mountain of apparent evidence, CBI seems to have forsaken the man pulling the strings or the controlling mind or master mind or head while only chargesheeting the hands, for reasons best known, therefore CBI / investigating agency is directed to discreetly and thoroughly further investigate the role of Sh. Anil Deshmukh (Ex Home Minister Maharashtra) in present matter or RC with utmost alacrity, in a time bound manner…"

The Court directed CBI to file a status report within four weeks.

The matter will now be heard on the point of charges qua the above accused persons on 10.01.2022 and for filing of status report on 22.01.2022.

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.

Accordingly, Daga and Tiwari were both produced before the Special CBI Judge of the Rouse Avenue Court.

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

Case Title: CBI Vs. Abhishek Tiwari & Ors.

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