On Wednesday, the Supreme Court dismissed the petition of former Maharashtra Home Minister Anil Deshmukh seeking to quash the FIR alleging corruption charges on him. The ex-Mumbai Police Commissioner Param Bir Singh raised the matter upon which the FIR was thus registered by the CBI.
The petitioner argues that in order to register an FIR, the CBI requires permission from the State Government under Section 17A of the Prevention of Corruption Act. It was further brought to notice that the April 5 order of the Bombay High Court had only directed a preliminary enquiry. The CBI should have sought permission from the State Government before filing an FIR.
However, the bench did not totally agree with the contentions as the purpose of Section 17A was to save the public servants from undue harassment. The Additional Solicitor General Aman Lekhi argued that Section 17A would not apply in cases of court ordered investigations.
The bench headed by Justices DY Chandrahcud and MR Shah thus dismissed the petition and held that the High Court ordered preliminary enquiry just to protect the rights of the accused and putting sanction under Section 17A can defeat the ends of justice in a case where CBI is ordered to do the investigation because the court does not have enough confidence in the State police.