Mumbai: Former Maharashtra Minister Anil Deshmukh told the Bombay High Court on Friday that the investigation of the investigation of the investigation (CBI) which was ongoing on allegations of corruption was illegal and violated legal procedures, and said even 26/11 Terrorists Ajmal Kasab benefits from the rule of law.
Deshmukh’s advocacy, senior advocate Amit Desai, told HC that despite the CBI investigation was initiated after a high court order in April, the central body did not seek previous sanctions from the Maharashtra government to demand NCP leaders, which at that time a civil servant.
The absence of this sanction made an investigation into Deshmukh, on charges of corruption and errors, “Illegal said,” Deshai said.
“Can you pass legal requirements? The state can be approached (for sanctions).
Therefore, all investigations are illegal,” Desai said.
“We may be carried away by emotions but we cannot bypass legal procedures and rules.
Even someone like Kasab benefits from the rule of law in this country.
Everyone in this country benefits from the legal process,” he said.
Desire arguing before the judiciary of SS Shinde and NM Jamadar who led the request submitted by Dishmukh challenged FIR registered by the CBI against him after the allegations of corruption made against him by former Police Commissioner Mumbai Singh.
In April this year, the bench led by HC Chief Hakim Datta Datta had directed the CBI to conduct a preliminary investigation into Deshmukh, who resigned from the Country Cabinet.
This request was based on complaints that nested at the Hill Malabar police station in Mumbai by a lawyer, Jaishri Patil.
In his complaint that was seeking an investigation against Deshmukh and Singh, Patil had also attached a copy of the letter written by IPS officers to the Maharat Minister Maharashtra Uddhav Thackeray made charges against the NCP leader.
The CBI then submitted FIR against Dishmukh on charges of corruption and violations.
The agency said in a sigh that Dishmukh had knowledge of the recovery of the former Police Inspector Assistant Sachin Waze (who was imprisoned in a criminal case), and that as the Minister of Internal Affairs he used to carry out indevestible interference in the transfer and post of state police officers.
On Friday, Advocate Desai told HC that despite the preliminary investigation in accordance with HC’s orders, the CBI violated the legal process in registering Fir from Deshmukh.
Desai said part 17a from the prevention of corruption law mandated that the police or other investigation agencies received previous sanctions to demand civil servants.
The bench, however, shows that part 17a protects the behavior of officers who are in terminating their official duties.
It was said that the CBI said in a statement of his statement submitted in the case that allegedly spoiled corruption, and disrupted the transfer, Deshmukh had not carried out his official duties.
However, Desai argued that according to FIR CBI, all the actions of Deshmukh, including his knowledge of Waze’s recovery, was releasing his public task.
“According to your own FIR (CBI), I act in my official position.
So isn’t the bar from 17A?” Desai said.
He further said that mere knowledge was not a violation.
Desai said FIR was based only on “whispers” and charges.
“Allegations are made against anyone and everyone.
If every suspicion must be trusted, there will be a total anarchy,” Desai said.
HC will continue to hear the request on July 5.