CBI probe into police postings demoralising State Police: Maharashtra government to Bombay High Court

The Bombay High Court on Wednesday reserved orders in the petition filed by the Maharashtra government challenging certain portions of the First Information Report (FIR) registered by the Central Bureau of Investigation (CBI) against former State Home Minister Anil Deshmukh. .A Bench of Justices SS Shinde and NJ Jamadar reserved the petition after hearing the submissions of the counsel for Maharashtra government and CBI for over two days..During the hearing, the State government said that the CBI's attempt to investigate into the transfers and postings of police officials in the State will demoralise the State Police force, particularly when the High Court has not given permission for such a roving inquiry to the CBI. .In this regard, Senior Advocate Rafique Dada, appearing for Maharashtra government, raised grievance against two unnumbered paragraphs in the FIR filed by CBI stating it was beyond the mandate of the April 5, 2021 order of the High Court. He stated that while the High Court had given permission to CBI to conduct a probe, the central agency is required to obtain the consent of the State or the Court, if it has to go beyond the mandate of the Court's order. The State government was compelled to approach the Courts as the petition essentially sought an interpretation of a judicial order, Dada argued justifying the government's locus to file the petition..The paragraphs, Dada submitted, pertained to transfer and posting of police officers and regarding the reinstatement of Additional Police Inspector Sachin Waze.The two paragraphs were a "copy-paste" from the petition filed by former Mumbai Police Commissioner Param Bir Singh, Dada argued. He stated that those paragraphs were neither mentioned in the complaint filed by Dr. Jaishri Patil which had Singh's letter attached to it nor in her petition filed in the High Court.He alleged that using a "back-door entry" CBI was trying to resurrect the investigations into those allegations. .Dada apprised the Court that the State police was trying to investigate into the allegations raised by IPS officer Rashmi Shukla regarding the transfer of police officials in the State and the political interference in the same.He stated that by introducing the two paragraphs in the FIR, CBI was trying to interfere in the investigations ordered by the State thereby violating the federal rights of the State. He added that the excellent police force of the State "may get demoralised" with the investigation into transfers and postings especially when the Court did not permit to look into it..Opposing the plea, the CBI argued that that considering the charges were of corruption within the administration of the government, Maharashtra government should co-operate with the investigation instead of opposing it. Solicitor General Tushar Mehta and Additional Solicitor General Anil Singh made submissions on behalf of CBI..Maharashtra government should co-operate instead of raising objections: CBI to Bombay High Court in challenge to parts of Anil Deshmukh FIR.Mehta stated that by removing the paragraphs in the FIR, the State was seeking to dilute the mandate issued by the Court, which had called for a probe into the matter.He added that by virtue of its petition challenging portions of the FIR, the government was trying to avoid investigation into the reinstatement of Waze and whether Deshmukh exercised undue influence over the posting of officials.Singh submitted that Param Bir Singh's letter did not limit itself to the alleged extortion charges, but also mentioned other deeds which included Deshmukh's influence over transfers and postings.