Supreme Court: Dismisses Appeals Of Maharashtra Govt, Anil Deshmukh Against CBI Enquiry On Param Bir Singh’s Allegations

WHO IS ANIL DESHMUKH?

• Anil Deshmukh, is the Home Minister of Government of Maharashtra from the NCP representing Katol (Vidhan Sabha constituency).
• Anil Deshmukh in addition served as the Minister of Food & Civil supplies and Consumer affairs and Minister of Public Works Department in Government of Maharashtra.
• As a Home Minister, he declared Rs 50 lakh ex-gratia to the families of police personnel who lost their lives within the fight against coronavirus.

PIL DISMISSED ON THE BASIS

• Justices Sanjay Kishan Kaul and Hemant Gupta dismissed the petitions and stated that, “serious nature of allegations, and therefore the personas involved, the matter do require an independent separate agency to investigate the matter. As the matter is of public confidence. We may also note that what has been ordered is only a preliminary enquiry. Therefore, we are no inclined to interfere with the impugned order".
• "The two personas involved in the case were working together till they fell apart. Both of them were holding supreme positions. Certainly a separate independent investigation is needed”, the Bench said.
• Lastly, the Bench added that, “It is not an enemy of yours who has made the allegation. The man was almost your right hand"

DESHMUKH’S ARGUMENTS

• The Senior Advocate Kapil Sibal, appearing for Deshmukh, contended that the HC order was erroneous because it passed without hearing him. He said that Parambir Singh's letter is based on hearsay evidence, and he claims no direct knowledge of the allegations; therefore, the High Court ought to have heard Deshmukh before ordering CBI enquiry on the unsubstantiated allegations, Sibal contended.
• Advocate Kapil Sibal said that “if investigations are allowed on such flimsy grounds, no democracy will be able to survive.”
• Senior Advocate Kapil Sibal placed trust on the Supreme Court judgment which refused to order investigation against PM Narendra Modi in the Sahara-Birla papers case on the ground that the documents were not admissible evidence. Referring to the Sahara-Birla case, Sibal submitted that the law has to be uniform for all.

RESULTS

• The bench wasn’t persuaded by the arguments of both Singhvi and Sibal.
• The Bench further proceeded to dismiss the matter, upholding the High Court's order.
• On Monday, the Bombay HC, ordered the CBI to complete the preliminary enquiry within 15 days and decide the further course of action regarding the registration of FIR (First Information Report) following that.
• Anil Deshmukh resigned hours after the Bombay HC’s Order.

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