The Ministry of Home Affairs (MHA) submitted before a special court on Tuesday where it had challenged a magistrate's order directing it to share information in the phone tapping case involving former state intelligence chief Rashmi Shukla, that there is a 'major change in circumstance'. The MHA was referring to the transfer of the case to the Central Bureau of Investigation (CBI) last week.
The state was probing the ‘leak’ of confidential information by the state’s intelligence department relating to corruption in police transfers and postings when Shukla was heading it. The magistrate had ordered on Dec 28 that the Home Secretary, MHA must share the documents and devices sought by the state within 10 days of its order. The MHA had then approached the sessions court against the order in January this year. Among the documents and devices sought by the state was suspected to be a pen drive that the then leader of opposition in the state’s legislative assembly Devendra Fadnavis had purportedly given to the Union Home Ministry. Fadnavis had claimed so in a press conference.
On Tuesday, appearing for the MHA Shriram Shirsat submitted, “In the wake of the developments and peculiar facts of the case, the plea may be disposed of.” He told the court further that it was the state’s cyber cell that had asked it for the documents and pendrive and that the cyber cell is no longer the investigating agency. He said this is a major change and the court may take into consideration the development.
Appearing for the state Ajay Misar quipped, “Articles are with them and investigation is also with them.” On this, Shirsat differentiated that the investigation is with the CBI and he is representing the MHA. “Investigation is not with us,” he said.