Deshmukh case CBI tells HC police force not part of some zamindari system
Mumbai Nov 22 PTI The Central Bureau of Investigation CBI told the Bombay High Court on Monday that a states police force was an independent institution supposed to be free of the executives control and not part of some zamindari system as it opposed the Maharashtra governments move to seek quashing of summons issued to two top bureaucrats in the Anil Deshmukh caseThe Maharashtra government had no right to approach the court and seek that the summons issued by the central agency to state chief secretary Sitaram Kunte and current DGP Sanjay Pandey related to its extortion probe against former home minister Anil Deshmukh be quashed the CBI told a bench of Justices Nitin Jamdar and SV KotwalAdditional Solicitor General Aman Lekhi who appeared for the CBI told the bench that as per law the police force was institutionalized and was not part of some zamindari system that the Maharashtra government could approach the HC claiming it was doing so on behalf of its entire police establishment since the CBIs summons to its DGP was demoralising the forceLekhi said the states petition was wholly misconceived and an attempt to interfere with the CBIs probe against DeshmukhThe Maharashtra governments counsel senior advocate Darius Khambata had earlier told the bench that the state was justified in approaching the HC in the case since the CBIs summons to the chief secretary and its senior most police officer was demoralising its entire police forceKhambata had said that the state had approached the HC by invoking its parens patriae jurisdiction- a provision of law that allows the next of kin a legal guardian or a friend to approach court on behalf of someone who is a minor disabled or not in a position to approach the courtLekhi however said The question of parens patriae doesnt arise We are dealing with delinquency in a criminal case and in criminal law the doctrine of parens patriae cannot be invoked to stall a central agencys investigation This shows the desperation of the state In which category do the DGP and chief secretary come – minor insane disabled he askedLekhi further said in the present case no fundamental right of the state government was being violatedHe claimed the state governments real intent was to interfere in the CBIs probe into the allegations of extortion made against Deshmukh by former Mumbai police commissioner Param Bir SinghThe police force is not a part of some zamindari system Therefore the executive cant lay a claim to be a proprietor of its police force and come to court saying the entire force is being affected carrying the mindset that these are our officers Lekhi saidLekhi opposed the state governments submission that the ongoing probe was compromised since the present CBI director Subodh Jaiswal was the state DGP when Deshmukh was the home minister and had hence been part of several meetings in which transfers and postings of police officials had been discussedThe state government had said that since the CBI was probing Deshmukhs interference in transfers and postings Jaiswal who took charge as director of the CBI in May this year himself should be a potential subject of InvestigationLekhi however said Jaiswal is a member of the Police Establishment board the board had meetings so obviously he attended those The question though is has what has happened because of his participation in those meetings or because of the home ministers conduct The involvement of Deshmukh and Deshmukh putting his men out for extortion is under scrutiny he saidFollowing an order of the Bombay high court issued on April 5 this year the CBI conducted a preliminary inquiry into the allegations made by Singh against Deshmukh 71The central agency subsequently registered an FIR against the NCP leaderIn September this year the CBI summoned chief secretary Kunte and DGP Pandey asking them to report to the central agencys office in Delhi for answering questions related to DeshmukhThe Maharashtra government however approached HC challenging the summonsThe HC will hear the plea further on November 23 PTI AYA RSY RSY
Mumbai Nov 22 PTI The Central Bureau of Investigation CBI told the Bombay High Court on Monday that a states police force was an independent institution supposed to be free of the executives control and not part of some zamindari system as it opposed the Maharashtra governments move to seek quashing of summons issued to two top bureaucrats in the Anil Deshmukh caseThe Maharashtra government had no right to approach the court and seek that the summons issued by the central agency to state chief secretary Sitaram Kunte and current DGP Sanjay Pandey related to its extortion probe against former home minister Anil Deshmukh be quashed the CBI told a bench of Justices Nitin Jamdar and SV KotwalAdditional Solicitor General Aman Lekhi who appeared for the CBI told the bench that as per law the police force was institutionalized and was not part of some zamindari system that the Maharashtra government could approach the HC claiming it was doing so on behalf of its entire police establishment since the CBIs summons to its DGP was demoralising the forceLekhi said the states petition was wholly misconceived and an attempt to interfere with the CBIs probe against DeshmukhThe Maharashtra governments counsel senior advocate Darius Khambata had earlier told the bench that the state was justified in approaching the HC in the case since the CBIs summons to the chief secretary and its senior most police officer was demoralising its entire police forceKhambata had said that the state had approached the HC by invoking its parens patriae jurisdiction- a provision of law that allows the next of kin a legal guardian or a friend to approach court on behalf of someone who is a minor disabled or not in a position to approach the courtLekhi however said The question of parens patriae doesnt arise We are dealing with delinquency in a criminal case and in criminal law the doctrine of parens patriae cannot be invoked to stall a central agencys investigation This shows the desperation of the state In which category do the DGP and chief secretary come – minor insane disabled he askedLekhi further said in the present case no fundamental right of the state government was being violatedHe claimed the state governments real intent was to interfere in the CBIs probe into the allegations of extortion made against Deshmukh by former Mumbai police commissioner Param Bir SinghThe police force is not a part of some zamindari system Therefore the executive cant lay a claim to be a proprietor of its police force and come to court saying the entire force is being affected carrying the mindset that these are our officers Lekhi saidLekhi opposed the state governments submission that the ongoing probe was compromised since the present CBI director Subodh Jaiswal was the state DGP when Deshmukh was the home minister and had hence been part of several meetings in which transfers and postings of police officials had been discussedThe state government had said that since the CBI was probing Deshmukhs interference in transfers and postings Jaiswal who took charge as director of the CBI in May this year himself should be a potential subject of InvestigationLekhi however said Jaiswal is a member of the Police Establishment board the board had meetings so obviously he attended those The question though is has what has happened because of his participation in those meetings or because of the home ministers conduct The involvement of Deshmukh and Deshmukh putting his men out for extortion is under scrutiny he saidFollowing an order of the Bombay high court issued on April 5 this year the CBI conducted a preliminary inquiry into the allegations made by Singh against Deshmukh 71The central agency subsequently registered an FIR against the NCP leaderIn September this year the CBI summoned chief secretary Kunte and DGP Pandey asking them to report to the central agencys office in Delhi for answering questions related to DeshmukhThe Maharashtra government however approached HC challenging the summonsThe HC will hear the plea further on November 23 PTI AYA RSY RSY
