Supreme Court dismisses writ petition by Anil Deshmukh asking CBI to produce preliminary report that allegedly gave him a clean chit

A Supreme Court bench of Justices Sanjay Kishan Kaul and MM Sundaresh today dismissed the writ petition filed by former Maharashtra Home Minister Anil Deshmukh asking the court to direct the CBI to place its preliminary report before the court.
The petition alleges that CBI lodged a First Information Report (FIR) against Deshmukh despite the preliminary enquiry report giving him a clean chit. The writ petition also sought for appointment of a Special Investigation Team (SIT) for investigation.

Kapil Sibal, Senior Advocate, appearing for Deshmukh submitted that the very officer (referring to Param Bir Singh) who made such allegations against Deshmukh has been declared an absconder by Bombay High Court. He further submitted that no offence has been made out in the preliminary reports and that Deshmukh doesn’t have access to it.

Sibal submitted that Deshmukh has no forum to approach because the Bombay High Court has already passed order in this regard. He argued that there is a political motive behind Deshmukh’s arrest and that another FIR has been lodged against him. Sibal argued that Deshmukh’s family members and servants are all being questioned by the authorities asking them if they had leaked the preliminary report.

The bench while noting that they do not entertain such pleas to Sibal that they are giving indulgence to Sibal because Deshmukh was a former minister. The bench also asked Sibal if he wishes to withdraw this plea as it cannot be entertained in the court’s writ jurisdiction.

The court after hearing the arguments declined to entertain the plea while giving liberty to Deshmukh to approach an appropriate forum.

Parabmir Singh, in a letter to Chief Minister Uddhav Thackrey, had alleged that Deshmukh had asked Sachin Vaze and another police officer to collect Rs.100 crores in bribe from bars and restaurants in Mumbai. The Bombay High Court had in June directed the CBI enquiry into the allegations of corruption against Deshmukh.

Case title: Anil Vasantrao Deshmukh Vs CBI & Ors