“Unfortunate part of this govt. is that corruption stands on a higher footing,” Counsel of Rashmi Shukla to Bombay HC; she’s being ‘witch-hunted’ & made “scapegoat” in phone tapping case
On Friday, IPS officer Rashmi Shukla told the Bombay High Court that she was being witch hunted and made a scapegoat for doing her duty in the phone tapping case, as the then additional Chief Secretary Sitaram Kunte was trying to exculpate himself by putting the blame on her.
It must be noted that, a First Information report (FIR) was lodged against Shukla by the Mumbai police’s cyber cell in a case of illegal phone tapping and alleged leaking of sensitive documents related to police postings. At that time, Shukla was Commissioner, State Intelligence Department (October 11, 2018 and September 3, 2020).
During this time, based on a report, then Director General of Police, directed her to conduct surveillance on certain phone numbers after taking necessary permissions from the Home Ministry.
The matter was heard by a Division Bench of Justice S S Shinde and Justice N J Jamadar in the matter challenging the FIR filed against the Shukla.
The counsel for Shukla, Senior Advocate Mahesh Jethmalani argued that,
“If the state government’s claim is true that there is nothing incriminating in her report then why was government not sharing the same with the CBI which is probing alleged corruption case against Anil Deshmukh.”
He further argued that, the state government’s act of transferring Shukla within 10 days of her submitting a report shows its “malafide intentions”
“I submit the report on August 25, 2020 and I am transferred on September 2, 2020 illegally and arbitrarily without following any due process of law,” argued Jethmalani.
In this light Jethmalani informed the Bench that, before the phones were intercepted, necessary permissions were taken from Sitaram Kunte, who was then the appropriate authority. Kunte had given permission to Shukla to carry out surveillance from July 17, 2020 to July 29, 2020. The permission was then regularly extended. Kunte himself confirmed in his report submitted to the government on March 25, 2021 that permissions were granted for interception. But later he said he was misled while permission was sought.
“Kunte is now trying to absolve himself by pushing the blame on me. Did he grant repeated permissions without application of mind?” asked Jethmalani.
Jethmalani also pointed out to the court that at least nine instances were intercepted where police personnel were negotiating with agents regarding favourable transfer or posting.
“If the interceptions and my (Shukla’s) report is useless then why is the government not handing it over to the CBI (Central Bureau of Investigation) then what are you (government) investigating?” questioned Jethmalani.
On July 22, the HC had held that the CBI can inquire into the allegations of corruption in transfer and postings of police personnel and its alleged nexus with former home minister Anil Deshmukh. Based on this, the central agency, on April 21, registered an FIR against Deshmukh on charges of corruption and misuse of official position.
However, the state government is refusing to share documents with the CBI, including Shukla’s repot, claiming that their investigation in the matter was still going on.
“There is manifest contradiction. Why are they not handing it over to the CBI? There is much more to the tapes,” argued Jethmalani
Lambasting the claim that Shukla had later met some ministers and sought to withdraw the report, Jethmalani argued,
“I am willing to undergo lie detector test. I am proud of what I have done as an investigator. You (government) can shun me out but don’t add insult to injury. There should be limit to state arrogance,” argued Jethmalani.
Expressing hope in the Indian judicial system, Jethmalani said, “You are never so high that you are above law. Unfortunate part of this government is that corruption stands on a higher footing.”
The HC will hear further arguments in the case on August 21.
At present, Shukla is serving as additional director general of the Central Reserve Police Force's (CRPF) South Zone and is posted in Hyderabad.
[With inputs from Free Press Journal]