Breaking: Mumbai Special Court Remands Anil Deshmukh To CBI Custody Till April 11

Special Judge VC Barde passed the order after the CBI sought Deshmukh's custody for a period of 10 days.

While CBI said they wanted to take the accused to Delhi, Deshmukh and his lawyer Aniket Nikam submitted that he has always co-operated with the investigation and was not fit to travel.

Special Court says CBI can't take Anil Deshmukh to Delhi without permission from an orthopaedic from JJ hospital considering dislocation of the 73-year olds shoulder.

"Follow medical advice with respect to physiotherapy to be got done..as per advise of CMO, Arthur Road

Permission to take accused to Delhi shall be subject to opinion of an orthopaedic from JJ hospital, before the accused is taken out of Mumbai for investigation."

The CBI took Deshmukh into custody from Arthur Road Central Prison on Wednesday, after a special Prevention of Money Laundering Act (PMLA) court allowed the CBI's application for his custody on April 1 till April 11.

Deshmukh approached the Bombay HC challenging the special PMLA court's order on April 5, however the matter could not be heard after Justices Revati Mohite Dere and PD Naik recused from taking up the matter.

The former HM was lodged in Arthur Road prison in the PMLA case along with his personal secretary Sanjeev Palande and private assistant Kundan Shinde. The CBI sought their custody, as well as dismissed Mumbai Police officer Sachin Waze.

CBI was delayed in taking Deshmukh's custody as he was admitted to JJ Hospital following complaints of a dislodged shoulder. He was discharged on Tuesday.

CBI had registered the FIR against Deshmukh and unknown others on April 21, 2021 under Section 7 of the Prevention of Corruption Act and section 120B of the IPC for an attempt to obtain undue advantage for the improper and dishonest performance of public duty.

The FIR was backed by the Bombay HC order, directing the agency to conduct a Preliminary Enquiry into the Rs. 100 crore corruption allegations against Deshmukh that were levelled by former Mumbai Police Commissioner Param Bir Singh in his letter to the Chief Minister on March 20, 2021.

However, Deshmukh's 'knowledge' of now dismissed Assistant Police Inspector, Sachin Waze's reinstatement in June 2020,is also part of CBI's FIR. Waze is in prison in the Ambani Terror Scare – Mansukh Hiran Murder Case.

CBI Wants to Take Anil Deshmukh to Delhi

Special CBI prosecutor Raj Mohan Chand sought Deshmukh's custody for 10 days. The submitted that there was evidence of a bribe of Rs. 4.60 crore. He said all the accused need to be taken to Delhi and confronted with eachother.

Following a query from the court regarding the need to take the four to Delhi, Chand said that their entire set up is in Delhi,the FIR is registered in Delhi and scientific interrogation techniques are in Delhi.

In their rejoinder arguments CBI said that the accused doesn't have the authority to decide the location of investigation.

"We didn't want to say this, but all efforts are being made though the State government to avoid his police custody. He was discharged on Tuesday afternoon," the CBI prosecutor said.

"I have always Co-operated"- Anil Deshmukh Tells CBI Court

However, opposing the remand Advocate Aniket Nikam for Deshmukh submitted that there was no need to take the accused to Delhi as the former HM has already been questioned in the CBI office in Mumbai, twice and several times in prison..

"He is suffering from several ailments. We approached the HC but two judges recused and the matter was not heard. He can't travel long distances due to his age 73. His shoulder is dislocated and a surgery is necessary. "

Nikam argued that the CBI can question Deshmukh in Arthur Road. "Why do they need custody?"

Nikam further argued that while the CBI alleged that others have not cooperated in judicial custody, there was no such allegation against Deshmukh. "When no sush allegation is made against me, where is the question of my custody?," He said.

"This application is untenable in the eyes of law. What is so sweet about Delhi? They are saying there are no special techniques here but only in Delhi? It is surprising. Especially when investigation pertained to events inMaharashtra and a 73 old man cannot be made to travel from one State to another when he has several ailments and now a dislocated shoulder."

In the end Deshmukh told the court that he has always cooperated with the investigation.

"Whenever they called me, I cooperated. When they came to Arthur Road to take me on Monday, I had fallen in the washroom four days prior. A doctor had come to check me in the jail, twice. All of this is on the record. I was also suggested an MRI and will undergo an operation after the pain subsides. I am surviving on painkillers and undergoing physiotherapy," Deshmukh told the court.

Deshmukh said he has given a written application to CBI that they were free to record his statement whenever they wanted.

Deshmukh also said that he was in terrible pain and that his shoulder needs to heal. He said there was no opinion on whether he was fit to travel or not, adding that, the IO had come a month ago and he was interrogated for 4-8 hours.