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Bombay High Court on Friday continued hearing the case by Maharashtra Government until 12 AM IST which has sought quashing of portions of the FIR by CBI, lodged against former Home Minister Anil Deshmukh. 

The plea filed by the state government states that the registration of FIR  ”was intended to give material to opposition parties to destabilize Maharashtra government.”

A Division Bench Justice SJ Kathawalla and Justice SP Tavade heard Senior Advocate Rafique Dada for State of Maharashtra and listed the matter on Wednesday for hearing ASG SV Raju’s submissions.

Senior Counsel Dada submitted that the documents asked for are “secretive” and are not mentioned in the orders of Laxmi Patil or letter of Parambir Singh,

“They want the letter of Rashmi Shukla, letter of the DGP and Original minutes of meeting held by Delhi Special Police Establishment. All of these are secretive and affect the officers at large," he submitted.

It was further added that the CBI is not entitled to everything except the CCTV footage which they have.

Senior Advocate Dada: This is a matter pending before the State Administration. There are 3 or 4 points; 1. CBI or any other authority cannot go beyond the order of the court, 2. They want the minutes of Police Establishment which would have serious ramifications, 3. Further the Rashmi Shukla letter.

Senior Advocate Dada: There is no mention of Parambir Singh or Sachin waze in the FIR. How can an agency as experienced as the CBI can look into the investigation which is pending?

Senior Advocate Dada: Court should consider the scope of CBI’s investigation.

On the previous date of hearing, Learned Senior Counsel apprised the bench of DPSE Act as per which Delhi Police Establishment had no power to act except on consent of State or Court Orders.

ASG SV Raju had responded stating, “Ordinarily CBI cannot investigate in a particular state unless state consents but an exception has been carved for SC under Art 32 and HC under Art 226 where it can direct the CBI. The Division Bench of this court directed the CBI to conduct a preliminary inquiry in the present case.”

After Bombay High Court bench led by Chief Justice Dipankar Datta directed CBI enquiry into the corruption allegations against Deshmukh and Supreme Court upheld the Bombay High Court’s order, CBI  registered an FIR under the Prevention of Corruption Act and IPC against the then Home Minister. 

It was stated in the FIR that the preliminary enquiry prima facie revealed that a cognizable case was made out in the matter wherein Deshmukh and unknown others attempted to obtain “undue advantage for improper and dishonest performance of his public duty”.

Access the Twitter thread for a detailed hearing here.

Matter is adjourned for Wednesday at 11.00AM.