MUMBAI: The Maharashtra government on Friday told the Bombay High Court bench of Justices Sambhaji Shinde and Nizamoodin Jamadar that it has challenged the portions of the FIR filed by the CBI against former home minister Anil Deshmukh because it wants to protect the federal structure of the country and also wants to protect its rights. The state further clarified that it is no longer concerned with Deshmukh since he isn't a minister anymore.
The state through senior counsel Rafiq Dada argued that the government wasn't against the entire FIR filed by the CBI but has taken exception only to two unnumbered paragraphs from it which refer to the reinstatement of arrested officer Sachin Vaze and the alleged interference in the transfers and postings of policemen.
"This is a matter of federal right of the state. The minister has resigned and is personally battling the allegations and the probe against him. We aren't concerned with him but we are here to protect our federal rights," Dada submitted on behalf of the state.
The senior counsel further said that the CBI breached the jurisdiction as laid down for the agency by the orders passed by Chief Justice Dipankar Datta while ordering a preliminary enquiry into the allegations of Param Bir Singh, the former top cop of Mumbai.
"The orders no where mention about how and why Vaze was reinstated. The CJ's bench specifically refused to deal with contentions of undue interference in the transfers and postings," Dada pointed out adding, "Now that the CBI has come up with a case that Deshmukh was aware of Vaze's reinstatement. But the fact is he was reinstated by Param Bir Singh and it is the former top cop who had entrusted Vaze with most important probes."
Dada further argued that the enquiry by the CBI is nothing but the 'cut copy paste' of the petition filed by Singh. The state has already started with its enquiries against Singh and IPS Rashmi Shukla, the counsel added.
"Thus, the CBI is trying to blatantly encroach on our probe and destroy the federal structure of the nation. We have an excellent record of policing we cannot be accused like this," Dada submitted.
Meanwhile, advocate Subhash Jha for one of the intervenors, argued that the state hasn't come to the court with clean hands. "There is an hidden agenda for filing the present proceedings. Maybe the state is trying to be the mouth piece or is trying to protect certain individuals who may get entangled in the probe in future," Jha claimed.
The counsel further claimed that the agency must be allowed to investigate as to why and how Sachin Vaze was reinstated in the force. "Otherwise the CBI would be failing in its duty to the nation. Vaze is the link since was given the task to extort money. So he will be in a better position to explain the modus operandi of the former home minister in this entire loot and plunder," Jha argued.
Meanwhile, Dada pointed out that the Delhi Special Police Establishments (DSPE) Act under which CBI was constituted, bars the central agency from investigating any case in a state without its consent. "We never gave them the consent thus they can't probe," he argued.
However, Jha contested, "CBI is armed with the HC order to probe the entire case. If the state doesn't help the agency with the documents demanded by the agency it can be held under contempt."
The matter would be heard further on Monday.
