SC dismisses Maha, Deshmukh petitions against CBI inquiry

NEW DELHI: The Supreme Court on Wednesday rapped the Maharashtra government for standing in the way of a probe ordered by the Bombay high court into allegations of bribery and extortion against its former home minister, Anil Deshmukh. It also dismissed separate petitions filed by the state and Deshmukh challenging the HC order allowing the Central Bureau of Investigation (CBI) to investigate the matter.

The bench of justices Dhananjaya Y Chandrachud and MR Shah wondered why the state had filed an appeal when the investigation was directed against its former minister. “An impression is being given that your government is trying to protect this person (Deshmukh). Investigation is not against the state but against your home minister. At every stage you seem to stultify the investigation. Why does the state have to oppose? It should rather come forward and allow full and fair investigation,” the court said.

The charges against Deshmukh stemmed from a letter written in March 2021 by former Mumbai Police commissioner Param Bir Singh to chief minister Uddhav Thackeray in which he alleged that the minister ran a corruption ring in the police department. The allegations against him pertained to extorting money from bars and restaurants on a monthly basis, exerting undue influence in pending investigations in high-profile cases, and using his position to effect transfers and postings of police officers.

With these allegations as a basis, one Jaishree Patil wrote to the police seeking an investigation. When nothing moved, she approached the Bombay high court demanding action against Deshmukh.

Incidentally, the state was not

Chitnis submitted that the HC order of April 5, 2021, ordered a preliminary enquiry based on Patil’s letter, which did not contain allegations of transfer or posting but of extortion from bars and restaurants. He further stated that in October 2020, the state had withdrawn consent under Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946, preventing CBI from taking up any investigation in the state.

Deshmukh also moved the top court, asking for the quashing of the FIR lodged by CBI on April 21. Senior advocate Amit Desai appeared for the former home minister and said his client enjoyed the protection of Section 17A of the Prevention of Corruption Act, 1988 (amendment introduced in 2018), which offers public servants protection from any enquiry or investigation into any offence relatable to any decision taken by them in the discharge of their official duties. Such a probe could be possible only upon the approval of the competent authority, in this case the state government.

The bench said, “Which government will order a CBI probe or grant sanction against its own home minister? This is the reason why the high court has proceeded in the matter and ordered an enquiry so that justice is not just done but seen to be done.”

The bench further noted that sections 6 and 17A only offer protection from unjust prosecution of innocent public servants. “Here the high court has taken on itself the decision to refer the matter to CBI because the home minister is himself involved. If your argument is accepted that consent of state will be required, the very purpose of the high court order will get defeated. It will denude the courts of their constitutional power.”

Deshmukh’s lawyer had also challenged a July 22 HC judgment that refused to quash the CBI case lodged against him.