The Supreme Court of India on Wednesday dismissed the plea of the Maharashtra government challenging the Bombay High Court order of allowing the Central Bureau of Investigation (CBI) to investigate the transfer and postings of cops by former Home Minister of Maharasthra Anil Deshmukh.
A Bench of Justice DY Chandrachud and Justice M R Shah said that it is inclined to interfere with the July 22 order of the Bombay High Court and dismissed the petition.
The Maharashtra government had approached the top court seeking to set aside two paragraphs from CBI's corruption FIR against Deshmukh related to transfers and postings of police officers, and reinstatement of assistant police inspector Sachin Vaze.
The Bombay High Court on July 22 had said the CBI can inquire into the transfer and postings of police personnel and the reinstatement of Vaze in the Mumbai Police force so far as this has a nexus with Deshmukh and his associates.
The apex court said that it cannot dilute the direction of a constitutional court ordering a CBI probe by drawing a line for the agency on which aspect the investigation should be done.
Senior Advocate Rahul Chitnis appearing for Maharashtra said that consent of the State government is essential for extension of powers and jurisdiction of special police establishments like CBI to other areas.
Chitnis said the state has withdrawn consent for the CBI probe and the High Court direction for a probe was limited to allegations of collection of money from bars and restaurants and not on transfer, posting of police officers, and reinstatement of Vaze into the police force.
The Bench replied, "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? If you talk about consent, it will defeat the direction passed by the Constitutional court."
Justice Shah further said, "Which government will give consent to an investigation where their Home Minister is involved?"
The CBI had registered the case after a petition was filed in the Bombay High Court seeking CBI probe into the corruption allegations levelled against Deshmukh by former Mumbai Police Commissioner Param Bir Singh that (now dismissed officer) Vaze was asked by Deshmukh to collect Rs 100 crore every month from Mumbai bars and restaurants.
Deshmukh was booked under sections 120 B (criminal conspiracy) of the Indian Penal Code and section 7 (public servant taking gratification other than legal remuneration in respect of an official act) of the Prevention of Corruption Act.
( With inputs from ANI )
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