'CBI can inquire into transfers, postings of cops by Deshmukh'
Mumbai: The Bombay High Court on Thursday said the CBI can inquire into the transfer and postings of police personnel and the reinstatement of Sachin Waze in the police force, "so far as this has a nexus with Maharashtra's former home minister Anil Deshmukh and his associates".
A division bench of Justices S S Shinde and N J Jamadar also noted that it was the duty of the Commissioner of Police to enforce the law of the land and he is "not a servant of anyone, but the law itself".
The court also said that the CBI, a premier investigating agency, can and must be allowed to take responsibility and authority in the investigation, and with an assurance that it shall act in accordance with law.
The court dismissed a petition filed by the Maharashtra government seeking for two paragraphs from the Central Bureau of Investigation's (CBI) FIR against NCP leader Anil Deshmukh to be set aside.
While one paragraph is about allegations levelled against Deshmukh by Sachin Waze, who has been dismissed from police service after his arrest in the Antilia bomb scare case, the second paragraph pertains to corruption in transfers and postings of police officials.
The investigating agency (CBI) in our view can legitimately carry on its inquiry into the transfer and postings of police personnel and the reinstatement of Sachin Waze in the police force after 15 years, so far as this has a nexus with the former home minister (Deshmukh) and his associates, the court said.
The bench in its order also made remarks on police commissioner, saying, The Commissioner of Police is not a servant of anyone, but the law itself.
We hold it to be the duty of the Commissioner of Police to enforce the law of the land and he must take steps to post his men so that crime is detected and honest citizens can go about their work, the bench said.
Notably, when Deshmukh was the state home minister, senior IPS officer Param Bir Singh had
served as Mumbai's police commissioner. In March this year, Singh in a letter to Maharashtra Chief Minister Uddhav Thackeray levelled allegations of corruption against Deshmukh.
The high court on Thursday noted that conversely, the observations made by another bench of the HC in its order of April 5 this year, directing the CBI to carry out a preliminary enquiry against Deshmukh, cannot be construed as to giving unfettered authority to the agency to inquire into transfers and postings of police personnel in general.
The CBI, a premier investigating agency, can and must be allowed to take responsibility and authority in the investigation and with an assurance that it (CBI) shall
act in accordance with law, the court said.
Senior counsel Rafiq Dada, appearing for the Maharashtra government, sought the HC to stay its judgment for a period of two weeks.
Solicitor General Tushar Mehta, appearing for the CBI, however, opposed it and said a stay would amount to interference with the investigation.
The high court refused to stay its judgment.
The CBI on April 21 this year registered an FIR against Deshmukh on charges of corruption and misuse of official position.
The FIR was lodged after the agency conducted a preliminary enquiry against the NCP leader following an order from the HC on April 5.
The state government in its petition had said issues regarding transfer and postings of police personnel and allegations levelled by Waze against Deshmukh were not relevant to the central agency's case.
One of the paragraphs, which the government has challenged, stated that the central agency in its Preliminary Enquiry (PE)
had found former state home minister Anil Deshmukh was aware of the reinstatement of dismissed assistant police inspector (API) Sachin Waze into the police after 15 years and sensitive and sensational cases being given to Waze for investigation .
Waze is presently behind bars after being arrested by the National Investigation Agency (NIA) for his alleged role in the case of an explosives-laden vehicle found near the residence of industralist Mukesh Ambani here in February this year and the subsequent murder of businessman Mansukh Hiran.
The second paragraph, challenged by the government, stated that Deshmukh and others exercised undue influence over the transfer and postings of police officers, as alleged by former Mumbai police commissioner Param Bir Singh.
The state government in its plea claimed it does not want to interfere in the CBI's probe against Deshmukh and others beyond these two allegations, which were not mandated to be investigated as per the April 5 order of the HC.
The plea, filed by the state government on April 30, said inserting the said two paragraphs was to find out some material enabling opposition parties in the state to try and destabilise the present government in Maharashtra.