Case is in breach of rule of legislation, argues Anil Deshmukh’s counsel
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Former Maharashtra residence minister’s tells Bombay HC that it’s straightforward for a false allegation to be made, however process have to be adopted
The counsel showing for former Maharashtra Home Minister Anil Deshmukh instructed the Bombay High Court on Friday that the Central Investigation Bureau’s (CBI) inquiry towards him is unlawful and in breach of the rule of legislation.
A Division Bench of Justices S.S. Shinde and N.J. Jamadar was listening to a plea filed by Mr. Deshmukh, in search of to quash the FIR towards him registered by the CBI, after the High Court directed a preliminary inquiry towards him into the allegations made by former police commissioner Param Bir Singh.
Senior advocate Amit Desai showing for Mr. Deshmukh argued that the police service is a State topic and, ordinarily, there needs to be no interference from the Centre. He relied on Section 6 (consent of State Government to train of powers and jurisdiction) of the Delhi Special Police Establishment (DPSE) Act. In this case, there is no help by the State police and there is a Central company instantly investigating, Mr. Desai mentioned.
He mentioned, “The question that would have to be considered is that when the High Court gave directions to commence a preliminary enquiry, the Court caveated the decision in accordance with law. The court said, ‘We are not directing an FIR, we are only directing a preliminary enquiry’.”
He pointed to Section 17A (inquiry or investigation of offences relatable to suggestions made or determination taken by public servant in discharge of official capabilities or duties) of the Prevention of Corruption (PC) Act and mentioned the CBI had not sought approval. He mentioned this Section is a process by legislation to guard public servants.
He went on to say it is straightforward for a false allegation to be made and that we might get carried away by emotion, however process have to be adopted.
The CBI in its affidavit mentioned that the permission below Section 17A of the PC Act was not required, and neither was consent below Section 6 (consent of the State Government in train of powers and jurisdiction) of the DSPE Act required because the courtroom had already given permission.
Mr. Deshmukh is booked below Section 120 B (felony conspiracy) of the Indian Penal Code and Section 7 (public servant taking gratification aside from authorized remuneration in respect of an official act) of the PC Act.
His arguments will proceed on July 5.
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