Mumbai: Central Investigation Bureau (CBI), in registering corruption cases FIR, has not followed the legal provisions to seek state approval and previous sanctions, adviser to the former Minister of Home Anil Deshmukh on Friday before the Bombay High Court.
Senior adviser Amit Desai for Deshmukh said, “Even people like (Ajmat) Kasab benefits from the rules of the law in this country.” “If we cut the procedure, we have a challenge from the rule of law,” Desai said, he debated Deshmukh’s dismissal petition.
Desai made her shipment before judge S Shinde and J Jamadar.
He focuses on the need to ensure the principles and legal procedures are not given go-by.
HC has directed that posting the initial question in complaints by advocating Jaishri Patil, based on the letter of the former Police of Param Bir Singh, the CBI must take steps “in accordance with the law” in accordance with the law “.
Desai said this means applying government approval based on Part 6 of Law – Delhi’s special police formation and for previous sanctions as mandated by Section 17 – A of the prevention of corruption law (PCA).
FIR April 21 did not even mention the “Substantive Violation” commission and only said that he “tried” to take advantage Not properly and FIR has been requested by Part 7 Prevention of Corruption Law related to Public Servants In addition to legal remuneration in connection with official actions, Desai said.
FIR said the recovery of Sachin Waze as a fire was carried out after the suspension of 15 years, and important or sensational cases were entrusted to him and Deshmukh has a “petention Huan “from that.
“Knowledge” in the law does not amount to violations, Desai argues.
“There is no assessment of a court that can be read or interpreted in a way that cancels the express provisions of an action,” he handed, citing sc.
He said, “Every allegation does not mean corruption.
Every accusation if Suo Motu is taken for an investigation, there will be a collapse of the system …
there will be anarchy.” We forget the doctrine of the law of honesty when issuing public assignments.
We have helped ourselves for Believing in the notion of dishonesty …
Your master is a filter to protect the public.
“Bench HC said,” The law must operate in the community, not in a vacuum.
The law is the process of social engineering.
“Citing orders SC, Desai said the CBI probe” must be forwarded only When HC, after considering the material on the note, it came to the conclusion that it revealed a prime call facie for such an investigation.
” In this case, he said HC did not have material before that.
Nothing prevents the CBI from seeking state approval, as does in the case before the Guahati High Court.
The argument will continue on Monday.
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