Supreme Court Dismisses Maharashtra Govt Appeal Against CBI Probe Into Transfers & Postings By Ex-HM Anil Deshmukh

The Supreme Court today dismissed the plea filed by State of Maharashtra against the Bombay High Court order of allowing the Central Bureau of Investigation ("CBI") to investigate into the transfers and posting connected to former Home Minister Anil Deshkmukh, who had resigned following corruption allegations made by ex-Mumbai Police commissioner Param Bir Singh.

While dismissing the plea, the division bench of Justices DY Chandrachud and MR Shah asked Senior Advocate Rahul Chitnis as to why it should interdict CBI when Constitutional Courts had approved CBI's investigation.

Courtroom Exchange

Senior Advocate Chitnis appearing the State of Maharashtra while referring to the Bombay High Court order dated April 5, 2021 submitted that, "The letter which was subject matter of the petition contained the allegations with respect to to the Home Minister. That's only what they're discussing in this paragraph."

Drawing the Court's attention to the fact that the Bombay High Court had refused the allegations of transfer sought for in Parambir Singh's petition, he submitted that the CBI then registered an FIR based on preliminary inquiry.

Upon the counsel's submission, Justice Chandrachud said, "There was one prayer for directions & postings in regards to Prakash Singh's case. There was another prayer that called for transfers & postings devoid of any undue influence. This was covered in the complaint filed by Jaishree Patil."

 Emphasising on the fact that the Court in the present plea was concerned with allegations that undue influence was being exercised for collection of amount from bars & restaurants, Justice Chandrachud remarked, "Normally when FIR is filed, police has jurisdiction u/s 167 CrPC for all the facts related. Police are bound to take into consideration all facts. How can we draw a line that CBI will only investigate abuse of law with regards to particular facts?"

"The manner in which the postings were made are the subject matter for investigation," added Justice MR Shah.

Upon the counsel's submission that Section 6 of the DPSE Act came into play with regards to consent, Justice Chandrachud said, "If you talk about consent, it will defeat the direction passed by the constitutional court. State's argument that you'll take consent will defeat the purpose."

"Which government will give consent wherein their HM is involved?" asked Justice MR Shah.

What Was The Bombay High Court Order ?

The petition filed by the State of Maharashtra in Bombay had sought to quash two paragraphs from CBI's corruption FIR against former Home Minister Anil Deshmukh and unknown others.

"The investigating agency can legitimately investigate the transfers and posting connected to Mr Anil Deshmukh and his associates, keeping in view the observation made in the Division Bench", the division bench of Justices SS Shinde and NJ Jamadar had said.

"The Investigation agency can in our view legitimately inquire in our view into the aspect of transfer and posting of police officers so also reinstatement of Waze after 15 years to the extent those tranfers and postings have the nexus with the alleged offences against the then home minister and his associates", the Court said in the order.

At the same time, the bench had added : "Conversely, the observation of the Division bench cannot be construed as to give unfettered authority to the CBI to inquire into the transfers and postings of the police officers generally, which do not reflect on the alleged act and conduct attributed to the Home Minister".

In parting, the bench had said :

"We part with the assurance that officers of Delhi Special Police Establishment (CBI), a premier investigating agency, are and must be fully aware of their responsibility. The duty of the police constituted under either the state enactment or special act, is to serve none but the law".

Case Title: The State of Maharashtra v CBI

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