SC dismisses Maharashtra government, Anil Deshmukh's plea against CBI probe

A two-judge bench of Justices Sanjay Kishan Kaul and Hemant Gupta noted, "Given the serious nature of allegations, and the personas involved, the matter does require an independent agency to investigate the matter," Live Law reported.

"We may also note that what has been ordered is only a preliminary inquiry. Therefore, we are not inclined to interfere with the impugned order," the bench added.

Deshmukh's plea argued that the court did not take into account that the Maharashtra government has revoked the general consent given to CBI.

The court did not allow Maharashtra Police to respond to the allegations, the plea argued, adding that the court did not consider that former Mumbai Police Commissioner Param Bir Singh raised the allegations immediately after his transfer.

Appearing for Deshmukh, advocate Kapil Sibal said the allegations are based on "hearsay" and have "no evidentiary value." Deshmukh should have been heard before the HC order, he argued.

The SC responded, "It is not an enemy of yours who has made the allegation. The man was almost your right hand."

The SC also asked Sibal what was the harm in a preliminary inquiry.

Appearing for Maharashtra, advocate Abhishek Manu Singhvi argued that the CBI probe was not needed since Deshmukh is not the Home Minister of Maharashtra anymore.

To this, Justice Hemant Gupta observed that Deshmukh had resigned only after the HC order was passed.

Singhvi also raised the concern of federalism, as a central probing agency was investigating a matter in the state.

As the high-profile investigation into the Mukesh Ambani bomb scare case proved embarrassing for the Maharashtra administration, Singh was transferred as Mumbai Police chief to a low-key post.

Days later, he claimed he was "scapegoated" and accused Deshmukh of running a corruption racket with cops and interfering in police cases.

He had then moved the Bombay HC seeking a CBI probe against Deshmukh.