Maharashtra govt moves Bombay HC against CBI’s FIR against Anil Deshmukh

The Maharashtra State Government in a petition filed before the Bombay High Court has argued that the Central Bureau of Investigation (CBI) has "no authority” to register a First Information Report (FIR) regarding ‘transfer’ and ‘posting’ of officials.

The Maharashtra government, through the Additional Chief Secretary of the Home Department, has sought to quash two paragraphs in CBI's FIR, which pertain to the reinstatement of Assistant Police Inspector Sachin Waze and alleged undue influence over the transfer of police officers.

On April 5, the Bombay High Court had directed the CBI to conduct a preliminary inquiry into allegations of ‘corrupt malpractice’ made by former Mumbai police commissioner Param Bir Singh against former State Home Minister Anil Deshmukh.


Subsequently, on April 21, the central agency had registered an FIR against Deshmukh under section 7 of the Prevention of Corruption Act that deals with illegal gratification obtained by a public servant.

“This act of respondent CBI clearly demonstrates that the registration of FIR in issue, to the extent it is impugned by this petition, is clearly malafide,” reads the petition, said a person privy to the filing. “This is clearly intended to carry out fishing and roving inquiry into the administration of the State Government in order to try and find out some material enabling political groups that are presently not in power in the petitioner state, to try and destabilise the present government in the petitioner State," the petition further states.

Last year in October, Maharashtra had withdrawn its consent accorded to the CBI to probe the cases within the state, under Section 6 of the Delhi Special Police Establishment Act of 1946.

Now, in its petition, the state government has argued that since the state government has withdrawn its consent, the agency could exercise its power in the state only after the constitutional court permits it.

Before this, Anil Deshmukh had filed a petition in the Bombay High Court seeking to quash the FIR registered against him by the Central Bureau of Investigation (CBI) on the charges of corruption.

As per the Bombay High Court website, Deshmukh has approached the court on Monday, May 3, through his lawyer Sonali Jadhav and seeking an interim order to protect him from any ‘coercive action’ by the central investigation agency.