Mumbai: The Maharashtra government has told the Bombay High Court that Senior IPS officer Rashmi Shukla has not been named the defendant in the case of alleged illegal telephone tapping and leaking secret documents related to the transfer and post of police, and therefore he cannot ask for dismissal from fir.
In a written statement filed on Saturday, the government said the investigation was only related to how sensitivity and confidential information was not permitted to leak to third parties from the State Intelligence Department (SID) and have nothing to do with the contents of the document.
Further claimed that violations were not in any way connected with the violations investigated by the Central Investigation Bureau (CBI) against former Interior Minister Anil Deshmukh.
Affidavit was submitted in response to the petition submitted by Shukla who was looking for consulting FIR, allapsing that he was being made of a scapegoat and targeted by the Maharashtra government to submit a report on alleged corruption and posts.
Affidavit submitted by Rashmi Karandikar, Deputy Police Commissioner Branch of the City Police Crime, said FIR registered by the police opposed “unknown people” and therefore the applicant did not have a Locus (Stipi) to apply to eat the case.
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“The petition cannot be maintained and must be dismissed on the ground that the applicant does not have a locus because he is not mentioned as accused of in FIR,” said Affidavit.
“FIR which was stabbed was registered against an unknown person and therefore the applicant had mistakenly continuing based on that he was said to be wrong in this case,” he said.
The state government added that the applicant issued a notification to only provide facts and information in the investigation.
Furthermore, said that FIR was to submit violations based on official secret laws and information technology laws.
According to Affidavit, violations are illegal leakage of confidential information and secrets obtained by SID based on technical supervision.
“Violations to be investigated are information leaks and have nothing to do with the contents of the information that leaked,” he said.
“Even with the assumption, without acknowledging that the sanctions are legally received (for supervision), I declare and submit that information received in accordance with the supervision is the information referred to in the official secret law and thus the information leakage is a violation, “The Offense said Affidavit.
This adds that the information stored on the State Intelligence Department server is downloaded and copied to a pen-drive and then illegally leaked to third parties without information.
“This leak is a violation that can be recognized under the information technology law,” said Affidavit.
Shukla, in his request was submitted through senior adviser Mahesh Jethmalani and the Gunjan Mangla advocate, had claimed that SID had taken the necessary permits from additional state government secretaries before supervision.
The written report, however, claimed that according to the report prepared by the Secretary of the Additional Chief on March 25, 2021, he (additional head secretary) was misguided at which the permit was sought.
The government also denied Shukla’s allegations that FIR was submitted as Vendetta’s actions.
“Complaints of the applicant are wrong and completely without services,” he said.
Judge’s Division S Shinde and J Jenjad will hear the petition on September 13.
Shukla currently serves as Director General of the South Zone of the police reserve central and posted in Hyderabad.
In his request, he said he had exposed the alleged Nexus between the ministers and other gross bruto politicians who were involved in assigning posting to police officers.
Fir it was registered at the Cyber BKC police station in Mumbai against unknown people because the alleged telephone illegally and leaked certain documents and confidential information.
The telephone tap that was allegedly happened last year when Shukla headed for SID.