Dismissing Deshmukh’s appeal against July 22 order of the Bombay High Court, an apex court bench of Justices DY Chandrachud and M R Shah said, “no case for interference with the high court verdict is made out”, adding that there is “no error in the judgement” of the high court.
Earlier on July 22, the Bombay High Court had refused to quash an FIR registered against Deshmukh by the CBI, saying the Central agency’s probe was ongoing and any interference by the court at this stage was uncalled for.
The top court reportedly emphasized that CBI has to investigate all aspects of the allegations and it cannot be limited, and added that this will be like denuding the powers of a constitutional court.
Advocate Rahul Chitnis, representing the Maharashtra government, submitted that the state has withdrawn consent for the CBI probe and the high court direction for a probe was limited to allegations of collection of money from bars and restaurants.
The top court noted that the purpose of directions passed by a constitutional court will be defeated if consent under Section 6 of the Delhi Special Police Establishment Act comes into play.
The apex court also said that an impression is being created that the state is trying to protect the former home minister by not allowing the probe on the aspect of transfer and posting of police officers and reinstatement of additional police inspector Sachin Waze.
Deshmukh submits plea for exemption to appear before ED
Earlier in the day, Anil Deshmukh`s lawyer Inderpal Singh submitted an application for exemption to appear before Enforcement Directorate (ED) in a money laundering case.
In a media interaction in Mumbai, Deshmukh`s lawyer said, “We asked ED to wait until our case is heard at SC. We have told ED, in our letter, that we will appear before them after the Supreme Court order comes. Supreme Court has given us the liberty to exercise other remedies under CRPC as per the order so we will soon approach the appropriate court.”
He futher said, “When our petition is still pending in Supreme Court why ED is serving summons to us. We are cooperating with the agency.”
Notably, Deshmukh is being probed by the Enforcement Directorate (ED) in a case of alleged extortion from orchestra bars in the state. ED had issued summons to the NCP leader and his son Hrishikesh Deshmukh seeking their appearance.
Deshmukh had skipped the previous summons by the agency to present himself. The ED has alleged that Rs 4.7 crore collected from orchestra bars by dismissed cop Sachin Waze, allegedly on Deshmukh`s instructions, was transferred to the former minister`s Nagpur- based educational trust by his son, who routed it via two hawala operators and showed it as a donation.
(With Agency Inputs)