SC rejects Anil Deshmukh’s plea to examine CBI’s PE report which gave him clean chit | India News

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NEW DELHI: The Supreme Court on Thursday refused to entertain former Maharashtra home minister Anil Deshmukh’s plea for the court to examine CBI’s preliminary inquiry report against him which allegedly granted him a clean chit. The court, however, allowed him the liberty to raise the issue before an appropriate court.
At the outset of hearing, senior advocate Kapil Sibal, appearing for Deshmukh, referred to former Mumbai police commissioner Param Bir Singh on whose plea CBI probe was ordered against the former minister and said the court had passed the order placing confidence in him but the cop was himself absconding now.
A bench of Justices Sanjay Kishan Kaul and M M Sundresh said, “It is very unfortunate for the institutions. It shows lack of faith in the system.” The bench, thereafter, proceeded with the hearing of Deshmukh’s plea and raised the question of how he could approach directly to the apex under Article 32 jurisdiction.
Sibal contended that SC passed the order against Deshmukh on the presumption that the evidence against him was found by CBI after holding a preliminary probe and subsequently FIR was filed, but as per media reports the politician was given clean chit in PE report.
Sibal contended that the court should ask CBI to place before it 65-page PE report along with file noting to find out the truth. He said that if it was true that “nothing was found against me” in the preliminary report then it was clear that there is political motivation behind lodging FIR
The bench, however, raised a question on how much credence could be given to media reports and said it was not inclined to entertain the petition. It allowed him to raise the issue before a competent court. Deshmukh had approached the SC through his lawyer Avadh Kaushik.
“The present petition under Article 32 of the Constitution of India is based on the premise that the orders passed by the Court on the rationale that the preliminary enquiry may have material against petitioner. As per certain newspaper reports the Petitioner is stated to have been given a clean chit. Therefore, they have called for all records…We are not inclined to exercise jurisdiction under Article 32 in this scenario. It is always open for the petitioner to raise the issue before a competent court,” the court said.
Deshmukh (71) was arrested by the ED on November 1 after questioning in the case, under provisions of the Prevention of Money Laundering Act (PMLA).The ED had initiated a probe against Deshmukh and his associates after the Central Bureau of Investigation (CBI) filed its FIR against the NCP leader on April 21 this year on charges of corruption and misuse of official position.
The money laundering case against Deshmukh and others was made out after CBI booked him in a corruption case related to allegations that demands of Rs 100 crore by way of bribes from Mumbai’s hotel and restaurant owners were sought by the former minister were levelled by former Mumbai police commissioner Param Bir Singh.
The ED case is that Deshmukh, while serving as the state’s home minister, misused his official position and through dismissed police officer Sachin Waze collected Rs 4.70 crore from various bars and restaurants in Mumbai.





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