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Bombay HC: CBI can inquire Transfers & Postings by Anil Deshmukh

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Shivangi Prakash-

The Bombay High Court dismissed the State of Maharashtra’s petition challenging portions of the CBI FIR relating to transfer and postings made by former Home Minister Anil Deshmukh who resigned after corruption charges were levied on him by ex-Mumbai Police Commissioner Param Bir Singh.

The State of Maharashtra had filed a petition to have two paragraphs from the CBI’s corruption FIR against former Home Minister Anil Deshmukh and unknown others struck down.

A division bench of Justices SS Shinde and NJ Jamadar pronounced the verdict.

The Bench said, “The investigating agency can legitimately investigate the transfers and posting connected to Mr Anil Deshmukh and his associates, keeping in view the observation made in the Division Bench.”

The Court also turned down the State Government’s request for a stay of the ruling after it was issued, stating that it would be interfering with the ongoing inquiry.

The Court said, “The Investigation agency can in our view legitimately inquire in our view into the aspect of transfer and posting of police officers so also reinstatement of Waze after 15 years to the extent those transfers and postings have the nexus with the alleged offences against the then home minister and his associates.

During the hearing, the Court inquired as to when Singh was appointed as Mumbai’s chief police officer and when he made the claims against Anil Deshmukh.

Singh made the charges on March 20, 2021, a year after he was appointed as Mumbai CP on February 29, 2020, according to Senior Advocate Rafique Dada for the State.

The CBI was represented by the Solicitor General Tushar Mehta stated that if the agency did not probe the two paragraphs, it would be failing in its job.

The Bench had reserved the petition filed through the Additional Chief Secretary of the Home Department, for order, on June 23, 2021.

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