Mumbai: The Bombay High Court bench of Justices Shahrukh Kathawalla and Surendra Tawade on Wednesday ordered the CBI not to act upon it's letter demanding the papers pertaining to the probe by Maharashtra police in IPS Rashmi Shukla case, till June 9.
Justice Kathawalla's bench sat for a special hearing on Wednesday despite it being a public holiday.
However, when the matter was called out, additional solicitor general S V Raju for the CBI submitted the written arguments of the central agency.
"We continue to say that this bench shouldn't hear this matter as the bench led by Chief Justice Dipankar Datta had passed the orders after which we registered FIR against the then home minister Anil Deshmukh," Raju submitted.
The judges accepted the contention since the bench of CJ Datta and Justice Girish Kulkarni had in April ordered the CBI to conduct a preliminary probe against Deshmukh for the alleged corruption charges levelled against him by Parambir Singh, the former Commissioner of Police, Mumbai.
"We accept your (CBI) statement. The bench of CJ should hear this issue and clarify if the CBI can probe into other issues (Shukla's case)," J Kathawalla said.
"However, till the matter is heard by the CJ, you shouldn't act upon the letter, you wrote to the state asking for documents regarding Shukla. You will have to hold your horses till then," the judge told the CBI.
At this, Raju replied, "Yes, we will hold our horses till this matter is heard by CJ's bench."
The judges, accordingly adjourned the hearing till June 9 as the bench led by CJ Datta is expected to sit on June 8.
