Hindustan Times (East UP)

Supreme Court allows CBI probe in Deshmukh case

- Utkarsh Anand letters@hindustant­imes.com

NEW DELHI: In a setback to the Maharashtr­a government, the Supreme Court on Thursday cleared the decks for a Central Bureau of Investigat­ion (CBI) probe into allegation­s of extortion against former state home minister Anil Deshmukh, underscori­ng that “the nature of allegation­s and personas involved needs an inquiry by an independen­t agency”.

Terming the investigat­ion “a matter of public confidence”, the bench headed by justice SK Kaul dismissed the petitions by Deshmukh and the Maharashtr­a government, which appealed against the Bombay high court order for a CBI probe.

The bench, which also included justice Hemant Gupta, emphasised during the hearing that the probe by an agency from outside the state was imperative since the personalit­ies involved were the home minister of a state and a former police commission­er (Param Bir Singh).

“The two personas were closely working together till they fell apart. Both of them hold very important positions and that’s why an independen­t agency must inquire... it is not a case of a political or a business rivalry. It is a case between a very senior officer and a senior minister,” the bench told senior advocates Abhishek Manu Singhvi and Kapil Sibal, who represente­d the state government and Deshmukh, respective­ly.

The bench affirmed the high court order passed on Monday, which had taken note of accusation­s by former Mumbai Police commission­er Param Bir Singh that Deshmukh asked policemen, including suspended officer Sachin Vaze, to extort ₹100 crore from bars, restaurant­s, and other sources.

The allegation­s followed drama over police investigat­ions into the discovery of an explosives-laden vehicle outside the residence of billionair­e Mukesh Ambani, and the alleged murder of a Mansukh Hiran who was linked to the car.

The top court also took a critical view of the fact that neither a first informatio­n report (FIR) was registered by the state police following Singh’s allegation­s nor did Deshmukh step down after a judicial inquiry was initiated under a retired high court judge.

“Everything happened at the time when he (Deshmukh) was the home minister. He battled it out till the high court order was passed. He didn’t even resign after the judicial inquiry was ordered. He resigned only after the high court order. This shows that he was clinging to his office,” said the bench, rejecting an argument that there was no need for an outsider agency to probe after Deshmukh has resigned.

Deshmukh had resigned on Monday, hours after the order by the high court asking CBI to conclude a preliminar­y inquiry within 15 days, making him the most high-profile casualty so far in the twists and turns over the discovery of the vehicle and the death of Hiran.

On Thursday, Deshmukh’s lawyer Sibal questioned the propriety of the high court order, saying he will be very happy if the Supreme Court was ready to lay down a legal principle that a CBI probe should take place in every case where allegation­s involved high officials even though the allegation­s were unsubstant­iated and based on hearsay.

But the bench retorted: “We will also be very happy if we don’t come across a case where a police commission­er raises such allegation­s against a home minister...he was once your right hand and now he made these allegation­s. Let an independen­t agency look at it now. If you are clear, you are clear.”

On its part, the Maharashtr­a government argued that it has withdrawn from CBI its general consent to probe in the state, and the high court order would impact the “federal structure”.

However, the judges remained unmoved: “There is no issue of federalism here. It is a particular episode and it doesn’t happen every day. So, there is no question of federal structure. They both have been heads of important institutio­ns where things have gone seriously wrong.”

The bench further rejected a common request by Nationalis­t Congress Party (NCP) leader Deshmukh and the Maharashtr­a government to hand over the probe to a special investigat­ion team that could be picked by the top court.

“You cannot pick and choose the agency that should probe,” it said.

About Sibal’s objection that his client (Deshmukh) was not even heard by the high court before the order was passed, the apex court said that there was no such requiremen­t in law to hear Deshmukh at this stage since the order was only for a preliminar­y inquiry.

Senior lawyer Mukul Rohatgi was present in the court to represent Singh but he was not required to argue since the bench passed its final order after only hearing Deshmukh and the Maharashtr­a government.

The CBI had on Tuesday night registered a preliminar­y enquiry (PE) into the episode and has also examined Jaishri Laxmanrao Patil, one of the petitioner­s before the high court whose plea led to the order.

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