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FPJ Legal: Bombay HC issues notice to Maharashtra govt for non-cooperation on CBI plea in Anil Deshmukh case

04:17 PM Aug 05, 2021 | Urvi Mahajani

Mumbai: The Bombay High Court has issued notice to the Maharashtra government after an application filed by the Central Bureau of Investigation (CBI) alleging that the state government was not co-operating in their probe against former state home minister Anil Deshmukh.

A division bench of Justices SS Shinde and N J Jamadar has also asked the government to respond to the central agency’s allegations that its officers were threatened by an assistant commissioner of police.

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CBI counsel Anil Singh informed the HC on Thursday that the state government was not cooperating with their probe. He also alleged that some CBI officers were threatened by an assistant commissioner of police.

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While issuing notice to the Maharashtra government, the HC asked public prosecutor Aruna Pai to respond to the central agency’s claim that its officers were threatened. The HC has also asked the CBI to add the Additional Chief Secretary (Home department) of the state as a respondent to the application.

The HC said: “We are issuing notice to the government. Some ACP is threatening the CBI officers. Find out what the situation is. Please do not create an unfair situation that we have to take them (police) to task.”

The court has also asked the government to follow its earlier orders. “Please ensure that the directions given by this court and the order passed earlier are followed in letter and spirit,” said the judges.

The matter is kept for hearing on August 11.

The CBI has filed an application seeking that Maharashtra government be directed to provide it with documents required for their ongoing probe against Deshmukh.

According to the CBI, it had written a letter to the State Intelligence Department (SID) seeking details pertaining to a communication sent by senior IPS officer Rashmi Shukla on the issue of corruption in police transfers and postings.

However, the SID refused to provide the same claiming it was part of an ongoing investigation.

On July 22, the HC had held that the CBI can inquire into the allegations of corruption in transfer and postings of police personnel. The HC had also dismissed a petition filed by the Maharashtra government seeking deletion of certain portions of the CBI’s FIR against Deshmukh.

The central agency has stated in its application that Maharashtra government refused to share the documents claiming they are approaching the Supreme Court challenging the HC order of July 22.

On April 5, the HC had asked the CBI to conduct a preliminary inquiry against the NCP leader. Based on this, the central agency, on April 21, registered an FIR against Deshmukh on charges of corruption and misuse of official position.

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