Maharashtra calls on HC to annul two CBI FIR paramilitaries against Deshmukh India News
Deshmukh had resigned after the HC ordered a CBI investigation against him on allegations of corruption and misconduct made by Singh.
MUMBAI: Maharashtra The government has filed a petition with the Bombay High Court against the Central Bureau of Investigation (CBI) to suspend any investigation or “roaming investigation” into the “reinstatement of Sachin Waze” and the cases entrusted to it.
The state wants the HC to annul, from the FIR v. Anil Deshmukh, former cabinet minister (household), two paragraphs referring to Waze’s reinstatement last year as an assistant police inspector of the Mumbai police, assigning him the majority of the “sensational cases”. and alleged “exercise of undue influence” on transfers and assignments.
The FIR “clearly intends to carry out a fishing and vagrancy investigation into the state administration in order to uncover some enabling material political motives that are currently not in power in the state to try to destabilize,” the current state government. by the Chief Minister Uddhav Thackeraythe state added in its recently filed petition.
First Information Report (FIR) invokes section 7 of the Prevention of Corruption Act (public official receives rewards other than statutory remuneration in respect of an official act) and section 120B of the Indian Penal Code for conspiracy criminal.
The CBI registered its FIR after being ordered by HC to conduct a preliminary investigation into allegations of “corrupt negligence” made by former Mumbai Police Chief Param Bir Singh, as attached to a complaint filed on March 21 by the defender. from Jaishri city. Patil with the Malabar Hill Police Station.
Singh, in an 8-page letter to Chief Minister Uddhav Thackeray on March 20, alleged that Deshmukh, who had denied this, met with subordinate police officers, including Deputy Police Inspector Waze, suspended in February, and requested the collection of 100 million rupees.
On April 5, the HC bench of the Chief Justice Dipankar Datta and the judge Girish kulkarni, after listening to a PIL presented by Singh and at Patil’s request, others seeking an investigation against Deshmukh had led the preliminary investigation.
The FIR by the CBI exceeds the “limits allowed” by the HC in its direction and to that extent is “malafide,” the state said.
The two paramilitaries stated: The investigation has revealed that Sachin Waze API, Mumbai Police had been reinstated … after being out of the police service for over 15 years. The investigation further revealed that Waze was entrusted with most of the sensational and important cases by the Mumbai City Police and that the then Home Secretary was aware of the fact. ”
The FIR then said in the next paragraph that Singh’s petition mentions that Deshmukh and others “exerted undue influence over the transfer and positions of officials and therefore exerted undue influence over the performance of their duties by officials. officials “.
The State said that it is “most strange and shocking that the person responsible or that he himself has carried out various acts …” mentioned in these paragraphs of the FIR “related to Sachin Vase“” He does not become a defendant, although a person who allegedly ‘has knowledge of said fact’ ‘becomes a defendant.’ ‘ “This aspect says a lot about the independence and equity” that the HC expected from CBI.
The state said that “CBI has no authority” to register an FIR with respect to “transfers and publications” as alleged.
The HC had allowed CBI to investigate Singh’s “letter” and not his “petition” in court and the letter does not present allegations about the “transfer and assignment of officials” and the “reinstatement of Sachin Vaze” or the cases that are entrusted to him. the state said.
He said that these statements in the FIR “relate to undeclared matters” in Singh’s March 20 letter or in Patil’s complaint and are not covered by the HC’s permission or direction to investigate and therefore an “illegal” addition when, in law, not the jurisdiction to do so.
The state said the law requires “state consent” to investigate certain crimes. It noted that on October 21, 2020, the Maharashtra government had withdrawn its previous 1989 consent to the IWC to have jurisdiction over any crime allegedly committed in the state.