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The Supreme Court has today dismissed a petition filed by former Home Minister of Maharashtra Government Anil Deshmukh challenging the Bombay High Court order rejecting his petition in corruption cases seeking quashing of FIR filed Central Bureau of Investigation.

A bench of Justice DY Chandrachud and Justice MR Shah said, "we are not inclined to interfere with the judgment, however, kept it open for the petitioner to decide whether they want a simple dismissal or an elaborated judgment."

The petitioner, former Home Minister of Maharashtra, has preferred the present SLP against Bombay High Court order, dismissing his petition seeking quashing of FIR registered by CBI.

The aforesaid FIR came to be registered consequent to a preliminary enquiry ordered by a Division Bench of the Bombay High Court, in a case by Dr. Jayshree Patil.

Senior Advocate Anil Desai appearing for Deshmukh submitted, "Judiciary is the custodian of federal structure...a central police agency can come into a state and investigate, but where Milords have created a balance, we will allow an independent agency like CBI, so far as 17A is concerned it protects the offender."

To which Justice Chandrachud said that the protection provided under Section 17A is allowed at a threshold, it is not open always.

However, ASG Aman Lekhi appearing for the CBI said, "The necessity of an expedite investigation is the basis of the judgment, when a cognizable case is made out an FIR must be registered, clause 8 of the CBI manual says RC is to be followed."

"This has to deal with the criminal justice system as a whole, there is no breach of Article 21 here, no rights of the Accused are affected," Lekhi added.

While concluding, the bench said that they are not inclined to interfere with the order of the High Court.

Background:

It was the contention of the petitioner before the High Court that,

•    The Preliminary enquiry did not reveal any material which could justify the registration of FIR by the CBI.
•    Section 6, Delhi Special Police Establishment Act, 1946 and Section 17A, Prevention of Corruption Act places a legal bar on the action of respondent CBI – making registration of FIR outside the purview of the law.
•    CBI has entered into the matters expressly excluded by the order of Division bench in Jayshree Patil.
•    No Offence under the alleged sections are made out.

The Bombay High Court had earlier refused to quash the First Information Report (FIR) lodged by the CBI against former Maharashtra home minister Anil Deshmukh on charges of corruption and misconduct.

A Division bench of Justice SS Shinde and Justice NJ Jamadar observed that, Deshmukh's plea seeking quashing of the FIR "deserved to be dismissed".

"The agency can legitimately probe the reinstatement of Waze after 15 years only to the extent that it links with the probe in the Rs 100 crore corruption case against Deshmukh," observed Bench

Case Title: Anil Deshmukh v. State of Maharashtra