The Maharashtra government has moved the Bombay High Court for quashing two paragraphs in the First Information Report (FIR) registered by the Central Bureau of Investigation against former Home Minister Anil Deshmukh.
The petition, filed by the Additional Chief Secretary of the Home Department, raised specific objection against two unnumbered paragraphs which pertain to reinstatement of Mumbai Police officer Sachin Vaze and transfer of certain police officers.
The government contended that by initiating a probe against Deshmukh, the CBI violated Section 6 of the Delhi Special Police Establishment Act which expressly prohibits the agency to exercise its powers in a State which has revoked consent to the CBI to operate, except with the leave of High Court or Supreme Court.
The petition stated that despite having withdrawn the consent permitting the CBI to exercise their powers in Maharashtra, they could exercise their powers only after a constitutional court permitted.
“The FIR to the impugned extent is clearly actuated with maladies to protect the selected few persons and therefore, wholly malafide and unsustainable,” the petition reads. Therefore, the state sought quashing and setting aside the two unnumbered paragraphs.
The FIR was registered by CBI against Deshmukh after the Bombay High Court had given permission for inquiry on April 5, 2021 on a petition filed by Param Bir Singh, former Commissioner, Mumbai Police. Permission was given to inquire into the complaint filed in this regard by Dr Jaishri Patil.