SC rejects Maharashtra govt, Anil Deshmukh's plea against Bombay HC order on CBI inquiry

In a big blow to the Maharashtra government and its former Home Minister Anil Deshmukh, the Supreme Court on Thursday dismissed their plea against the Bombay High Court's order for the CBI probe into allegations of corruption made by ex-Mumbai police commissioner Param Bir Singh.

"Looking at the personas involved and the seriousness of allegations, an independent enquiry is called for," a bench of Justices Sanjay Kishan Kaul and Hemant Gupta said, rejecting their petitions against the High Court's order of April 5.

Within days of his transfer to Homeguards department on March 17, Singh had accused Deshmukh of setting a collection target of Rs 100 crore from bars and restaurants for API Sachin Vaze of Crime Intelligence Unit, Mumbai, arrested in the Antilia bomb scare case.

Read: BJP gets upper hand in Maharashtra as Anil Deshmukh resigns

Declining to interfere with the High Court's order, the bench told senior advocates A M Singhvi and Kapil Sibal, appearing for the petitioners, that they cannot say it affected the federal structure.

In its written order, the bench said it was a matter of public confidence given the factual scenario to order a probe and what has been directed was only a preliminary enquiry albeit by an independent agency.

"This (levelling of charges) does not happen everyday. Both (Deshmukh and Singh) have been heads of institution where something has gone wrong," the bench said.

The counsel contended the High Court passed the order on the basis of hearsay evidence, without hearing them.

"I was the home Minister and targeted. Should I be heard before an order is passed?" Sibal, appearing for Deshmukh asked.

Read: Congress ministers discuss Deshmukh controversy with AICC secretary

"It is only preliminary enquiry, nothing is wrong in it when serious allegations are made by a senior officer against a senior minister," the bench said.

"We are unable to accept the contention that even for directing a preliminary enquiry, Deshmukh is mandatorily entitled to be heard in his individual capacity even though the state government was represented and he was a Minister at that time," the bench pointed out.

The court also told Sibal that it was not his enemy who made the allegations, rather it was made by his "right-hand man" (Singh).

The court also rejected a plea by Deshmukh for probe by the High Court or the Supreme Court judge, saying one cannot pick and choose the investigating agency.

It also did not agree to a plea by the state government that since Deshmukh had resigned, there was no need for probe by the central agency. He was clinging to the post and did not resign when a Commission of Inquiry was ordered. He quit only after the probe was ordered by the High Court, the court said.