"Vague"- Union Opposes Mumbai Police Plea For Documents In Rashmi Shukla Information Leak Case

The case relates to the leaking of certain documents connected to senior IPS officer Rashmi Shukla's phone tap report on corruption in police transfers and postings in Maharashtra.

An affidavit filed by the Home Secretary of the Ministry contends that the state government's application has failed to specify which document do they exactly want and from whom, and seeks dismissal of the state government's application.

Magistrate Sudhir Bhajipale will hear arguments on the application this week.

The State Government had, in October this year, filed an application before the Esplanade Metropolitan Court, seeking documents form the Union Home Ministry in a case lodged at Mumbai's Cyber Police station at Bandra-Kurla Complex. The case is with respect to alleged leakage of crucial government documents from the State Intelligence Department (SID), which was at the relevant time headed by Rashmi Shukla.

This investigation involves three pen drives requisitioned by Shukla, which supposedly contain information from the servers of SID. Two of these pen drives, including one sent to then State Director General of Police, are with the government, but the State authorities have allegedly not been able to track the third pen drive.

The Maharashtra government wrote to the Union Home Ministry seeking the pen drive from them, based on a statement made by former Chief Minister of Maharashtra, Devendra Fadnavis, but did not get a response from the Ministry. After which an application under section 91 of the Criminal Procedure Code was filed before the court.

According to a press conference held by Fadnavis in March this year on the issue of a "transfer racket" in Maharashtra police, he had given all information and evidences about the racket "in a sealed envelope to the Union Home Secretary in New Delhi and demanded a CBI probe" and he was assured of "appropriate decisions."

The state government believes that the third pen drive which they are trying to track, was sent by Fadnavis to the Union Ministry along with other documents.

The Esplanade Metropolitan Court, on October 13, had issued summons to the Home Secretary, MHA and sought a reply, after which the reply seeking dismissal of the State Government's application has been filed.

Advocate Shreeram Shirsat represented the Home secretary and filed this reply. Special public prosecutor Ajay Misar.