The counsel appearing for former Maharashtra Home Minister Anil Deshmukh told the Bombay High Court on Friday that the Central Investigation Bureau’s (CBI) inquiry against him is illegal and in breach of the rule of law.
A Division Bench of Justices S.S. Shinde and N.J. Jamadar was hearing a plea filed by Mr. Deshmukh, seeking to quash the FIR against him registered by the CBI, after the High Court directed a preliminary inquiry against him into the allegations made by former police commissioner Param Bir Singh.
Senior advocate Amit Desai appearing for Mr. Deshmukh argued that the police service is a State subject and, ordinarily, there should be no interference from the Centre. He relied on Section 6 (consent of State Government to exercise of powers and jurisdiction) of the Delhi Special Police Establishment (DPSE) Act. In this case, there is no assistance by the State police and there is a Central agency directly investigating, Mr. Desai said.
He said, “The question that would have to be considered is that when the High Court gave directions to commence a preliminary enquiry, the Court caveated the decision in accordance with law. The court said, ‘We are not directing an FIR, we are only directing a preliminary enquiry’.”
He pointed to Section 17A (inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties) of the Prevention of Corruption (PC) Act and said the CBI had not sought approval. He said this Section is a procedure by law to protect public servants.
He went on to say it is easy for a false allegation to be made and that we may get carried away by emotion, but procedure must be followed.
The CBI in its affidavit said that the permission under Section 17A of the PC Act was not required, and neither was consent under Section 6 (consent of the State Government in exercise of powers and jurisdiction) of the DSPE Act required as the court had already given permission.
Mr. Deshmukh is booked under Section 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 PC Act.
His arguments will continue on July 5.
