The Supreme Court on Wednesday, 18 August declined to entertain Maharashtra government's plea seeking to set aside two paragraphs in connection with transfer and posting of police officers, and the reinstatement of an officer from CBI's FIR against NCP leader and former home minister Anil Deshmukh.
A bench of Justices DY Chandrachud and MR Shah said it cannot dilute the direction of a constitutional court, which ordered a CBI probe, by drawing a line for the agency on which aspect the investigation should be done.
The top court refused to interfere with the 22 July order of the Bombay High Court and dismissed the petition.
The top court emphasised that CBI has to investigate all aspects of the allegations and it cannot be limited. It further 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Advocate Rahul Chitnis, representing the Maharashtra government, submitted that the state has withdrawn consent for the CBI probe and the high court direction for a probe was limited to allegations of collection of money from bars and restaurants.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.
Justice Shah further questioned, "Which government will give consent to investigation where their home minister is involved?"
The high court on 22 July, had said the CBI can inquire into the transfer and postings of police personnel and the reinstatement of Waze in the Mumbai police force.
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