'CBI A Specialized Agency, Won't Get Carried Away By Trial Court Observations': Delhi High Court On Anil Deshmukh's Plea Apprehending Prejudice

The Delhi High Court on Thursday said that the Central Bureau of Investigation (CBI) will not get carried away by the observations made by a city Court while ordering further investigation against former Maharashtra Home Minister Anil Deshmukh in connection with the document leak case.

The matter relates to the allegations of leaking sensitive information, thereby subverting investigation into the corruption case. 

Justice Subramonium Prasad was dealing with Deshmukh's plea against the Trial Court order which had directed CBI to conduct investigation against him.

It was Deshmukh's case that the reasons given by the Special Judge must not prejudice the mind of the CBI. Moreover, according to Deshmukh, the Trial Court order gave an impression that it was a mandate to the CBI to implicate him in the matter.

"It is needless to state that a specialized investigating agency like CBI does not get carried away by the observations made by the magistrate while ordering further investigation. It is obvious that the CBI would act independently. The petitioner is not pressing the petition at this stage," the Court said.

Accordingly the plea was withdrawn.

The Trial Court had taken cognizance against CBI Sub Inspector Abhishek Tiwari, Deshmukh's lawyer Anand Dilip Daga and unknown others in the matter.

While doing so, the Judge had observed that the agency "seemed to have left the engine or horse pulling the cart" thereby ordering further investigation against Deshmukh.

During the course of hearing today, Advocate Vikram Chaudhri appearing for Deshmukh submitted that the Special Judge could not have 'put words in the mouth of the CBI' and that the language used amounted to dictating the investigating agency to proceed against Deshmukh.

"Why should the judge say that you have left someone when there is no evidence found? It evidence is there, i may be implicated," Chaudhari added.

Not agreeing with the aforesaid arguments, the Court said that the Judge had only given reasons for further investigation in the impugned order.

On the other hand, Nikhil Goel appearing for CBI submitted that the agency, much before the observations were made by the Special Judge, had given replies in the bail applications moved by the accused persons before the High Court, thereby suggesting that the agency had not proceeded with the matter only after the impugned order.

About Trial Court Order

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 had 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…"

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.