Mumbai. The Bombay High Court on Friday once again took an unfavourable view of Maharashtra government’s reluctance to share documents sought by CBI for its ongoing probe against former State Home Minister Anil Deshmukh.
A Bench of Justices SS Shinde and NJ Jamadar demanded why the Maharashtra government has not provided relevant documents to the CBI and also asked the State which documents would it be willing to be provide.
Justice Shinde pondered why the State was refusing to furnish these documents, especially since the State had categorically stated earlier that it has no issues with the ongoing CBI investigation against Deshmukh.
“We remember (Rafique) Dada (counsel for State) saying we have nothing against the investigation. The petition by State (against sharing documents on transfers and postings of police officer) was dismissed, SLP was dismissed. We do not understand.. We do not have the words… Why should State do this.. like this?”
The Court was hearing an application filed by CBI raising grievance that the State was not furnishing documents violating of the orders of the High Court.
In response to the application, the Maharashtra government by way of an affidavit, submitted that the documents demanded by CBI has no relevance to the ongoing investigation.
Senior Advocate Rafique Dada appearing for the State, clarified that it has been refusing ‘irrelevant’ documents, only because CBI seemed to be “abusing the orders passed by the Court not only in the present matter but also in other connected matter in pressurizing the State to share such document and information which, CBI is not legally entitled to receive”.
Citing the terms ‘relevant’ and ‘needed’ mentioned in CBI’s application, the State contended that such words could given “uncontrolled, unrestricted and unimaginable authority” to CBI.
Justice Jamadar recollected that the trigger for State to file its plea was when CBI had sought certain documents which included Rashmi Shukla’s report.
“We have not said that those two documents are irrelevant, we have said that those documents cannot be utilised in an unfettered manner or investigate in every posting,” Justice Jamadar said interpreting their order of July 22, 2021.
While issuing notice on CBI’s application, the Court directed the Maharashtra government to follow the order in letter and spirit.
They also asked the Chief Public Prosecutor Aruna Pai to ensure that no “unfavourable situation” is created which could compel the Court to take the officers to task.
Input Courtesy – Bar&Bench
