Aishwarya Rathore-
Published on: August 17,2021 16:59 IST
The Supreme Court dismissed a Maharashtra Government plea against a Bombay High Court order enabling the Central Bureau of Investigation (CBI) to probe former Home Minister Anil Deshkmukh’s transfers and postings after he resigned over corruption accusations.
The division bench of Justices DY Chandrachud and MR Shah dismissed the plea, asking Senior Advocate Rahul Chitnis why it should prohibit the CBI inquiry since Constitutional Courts have allowed it.
The Hon’ble Court expressed its displeasure, stating that the State’s submission of the petition appeared to be an attempt to protect Mr Deshmukh. To maintain “purity in administration,” the State should be prepared for any investigation.
The petition filed by the State of Maharashtra in Bombay had sought to quash two paragraphs from CBI’s corruption FIR against Anil Deshmukh and unknown others.
The division bench of Justices SS Shinde and NJ Jamadar had said, “The Investigating Agency can legitimately investigate the transfers and posting connected to Mr Anil Deshmukh and his associates.
The Maharashtra Government’s counsel had first requested an adjournment of the case, claiming that the State had not consented to the CBI investigation.
The Plea was filed days after the CBI, moved the Bombay High Court, alleging that the Maharashtra government was refusing to provide documents that would help the investigation move further.
The Maharashtra government had said that since it planned to approach the Supreme Court, it would not disclose the required documents with the CBI.
Justice Chandrachud remarked, “Normally when FIR is filed, Police has jurisdiction under Section 167 of CODE OF CRIMINAL PROCEDURE (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?”
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