State responds to agency charge of non-cooperation.
The Maharashtra government on August 17 told the Bombay High Court that the documents sought by the Central Bureau of Investigation (CBI) to probe the former Home Minister Anil Deshmukh are not relevant in the case.
The State submitted an affidavit to a division bench of Justices S.S. Shinde and N.J. Jamadar in an application filed by the central agency alleging that the State is not co-operating in the investigation against Mr. Deshmukh after corruption charges were levied against him.
The affidavit mentioned, “the CBI didn’t have unfettered authority to probe police transfers that have no nexus to Mr. Deshmukh. Applicant (CBI) is demanding documents and/or information which are not at all relevant in terms of relevancy to the case it is probing,” the affidavit said.
“The documents and/or material so demanded by the applicant has no nexus whatsoever even either with the then Home Minister (Mr. Deshmukh) and his associates and/or any of the allegations made against him and resultantly has no connection and therefore not needed by the applicant for the purpose of carrying out investigation. CBI was overstepping its authority, jurisdiction and power in demanding the documents and/or information,” the State contended.
“The State government and its officials are ready and willing to fully cooperate with the applicant (CBI) in its investigation, provided the investigation is done strictly within the four corners of orders passed by this Hon’ble Court,” the affidavit said.
It added, “State government has no malafide intentions to defy the orders of the High Court. The government said the documents sought by the CBI is part of another investigation initiated by the police’s cyber cell concerning leakage of confidential information and data theft. By demanding documents and/or information that is a subject matter of this alleged crime, the CBI is interfering with the investigation that is being carried out legally by the cyber cell,” the affidavit said.
The court said, “We will consider the stand of the State government. But we are putting the State to notice…if we feel that our orders are not being followed…,” Justice Shinde said.
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