Former Maharashtra Home Minister Anil Deshmukh and Maharashtra Government, through different petitions, have moved the Supreme Court challenging the order of the Bombay High Court directing the CBI to initiate a preliminary inquiry against Anil Deshmukh and into corruption allegations levelled by Param Bir Singh, former Mumbai Police chief.
The petitions have been filed in furtherance of the Bombay High Court order stating,
“The director of CBI is allowed to conduct preliminary inquiry in accordance with law and conclude it within 15 days. Once the preliminary inquiry is complete, the CBI director can be at discretion to take further course of action.”
The petition filed by the Maharashtra Government has sought direction for grant of appeal setting aside the order of the High Court allowing CBI to conduct an inquiry over the corruption allegations made through a letter written to the Chief Minister of Maharashtra.
Whereas, the Special Leave Petition filed by Anil Deshmukh sought grant of leave appeal against the Delhi High Court order while allowing an ex-parte stay on the judgment of the Bombay HC on the grounds that no judicial order can be passed by any court without providing a reasonable opportunity of being heard to the persons likely to be affected by such order as held in the case of Devine Retreat Centre Vs. State of Kerala by the Supreme Court.
The petition has further raised the issue indicating that whether the High Court can entertain a PIL and direct the CBI to conduct a preliminary inquiry without it being shown that there was an abuse of power of investigation.