Nature of allegations against Deshmukh demand independent probe: Supreme Court

The Supreme Court on Thursday dismissed pleas by Maharashtra and former home minister Anil Deshmukh against a HC order for a CBI preliminary enquiry into former Mumbai police commissioner Param Bir Singh’s allegations against Deshmukh.

“The nature of allegations, personae involved, and seriousness of the allegations do require an independent agency to enquire into the matter. It is a matter of public confidence given the factual scenario. We may also add that what has been directed is only a preliminary enquiry albeit by an independent agency,” said Justice Sanjay Kishan Kaul heading a two-judge bench which also had Justice Hemant Gupta. The bench refused to accept the state government’s contention, made through senior advocate Abhishek Manu Singhvi, “merely because the home minister has resigned after the high court order would be a factor not to direct enquiry by an independent agency.”

“The two persons held the post of home minister and commissioner of police for a long period and the latter would be a post of confidence of the former,” Justice Kaul said. The bench also rejected arguments of Deshmukh’s counsel, senior advocate Kapil Sibal, that the HC decision would cause him much damage as PE was ordered even without an iota of proof to back the charges. The material was in the nature of inadmissible evidence and mostly hearsay. Singhvi contended that the HC order was a blow for the federal structure as it ran roughshod over the state decision to withdraw general consent to CBI to probe cases in its territory. Senior advocate Harish N Salve, who appeared for the petitioner scoffed at this. “Is extortion a federal subject,” he asked. No suspect or accused can demand that he be heard before an enquiry, Justice Gupta said.