Case Note & Summary
In a criminal writ petition, the State of Maharashtra sought constitution of a Special Investigation Team to monitor and take over the investigation of an FIR registered by the Central Bureau of Investigation against former Home Minister Anil Deshmukh and unknown persons for alleged corruption, including illegal transfers and postings of police officers. The petition was prompted by the issuance of notices under Section 160 of the Code of Criminal Procedure, 1973 to the Director General of Police and Chief Secretary of Maharashtra, requiring their appearance before the CBI. The petitioner contended that the CBI Director, Subodh Kumar Jaiswal, had earlier served as the Director General of Police of Maharashtra and was directly involved in the transfer and posting process as Vice-Chairperson of Police Establishment Board-1 and Chairperson of Police Establishment Board-2, thereby rendering the investigation biased and unable to be fair. It was argued that Mr. Jaiswal could be a witness or a potential accused in the investigation, and that his position at the helm of the investigating agency vitiated the investigation. The petitioner asserted locus standi under the Maharashtra Police Act and on the principles of loco parentis and parens patriae, contending that harassment of senior officers affected state administration and police morale. Respondent CBI opposed the petition, questioning the State’s locus and contending that the petition was an attempt to scuttle the investigation. It argued that the investigation was focused on the abuse of official position by the ex-Home Minister, not on all transfers, and that the composition of Police Establishment Boards was not relevant. CBI maintained that there were no specific pleadings of mala fides and that no material substantiated the allegations of bias. The court heard arguments from both sides, including additional submissions in support from the DGP and Chief Secretary, who were joined as respondents. The judgment was reserved on 26 November 2021 and pronounced on 15 December 2021. The court’s analysis and decision are not included in the provided text extract.
Issue of Consideration
Whether the investigation by CBI is vitiated by bias when its Director was previously DGP of Maharashtra and involved in transfers and postings under investigation; whether the State of Maharashtra has locus standi to seek constitution of a Special Investigation Team; whether the court should constitute a Special Investigation Team to ensure fair investigation.
