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Centre`s move to hand over probe to CBI may be opposed in HC
Mumbai, Nov 26: The Centre`s decision to hand over the multi-crore fake stamp paper scam probe to CBI is likely to be opposed tomorrow in Mumbai High Court by at least two of the five petitioners who have challenged lop-sided investigations.
Mumbai, Nov 26: The Centre's decision to hand
over the multi-crore fake stamp paper scam probe to CBI is
likely to be opposed tomorrow in Mumbai High Court by at least
two of the five petitioners who have challenged lop-sided
investigations.
In a related development, Maharashtra government today
initiated a departmental probe against former Mumbai Police
Commissioner R S Sharma, four days ahead of his retirement.
Majeed Memon, lawyer of petitioner and social activist Anna Hazare, said CBI had initially opposed Hazare's plea to take up the probe. "The sudden willingness shown by CBI now to take up probe might have political overtones," he told.
Memon said he had initially prayed for a CBI probe but it was opposed by the state and CBI. The court had then asked Special Imvestigation Team (SIT) to continue with investigations and had appointed retired police officer S S Puri with rank of DGP to head the probe.
The lawyer said he would oppose handing over probe to CBI at this juncture when investigations had almost concluded. Another petitioner, Prashant Surve, pleaded that the probe should not be entrusted to CBI as it might delay the inquiry. He filed an affidavit yesterday saying that sit had done a good job under high court supervision and added that the SIT, under S S Puri, had arrested guilty policemen.
He also demanded that the action taken report and police reports in this case be made public.
Meanwhile, Maharashtra government would place before the court tomorrow "action taken report" on SIT findings on the role of former police chief R S Sharma in alleged shielding of prime accused Abdul Karim Telgi.
Four of the five PILs filed in the court, including that of Anna Hazare, had urged for transfer of investigations to CBI while the remaining one contended that Maharashtra's Special Investigating Team should continue with the probe as it is doing a fair job. In August, CBI had told the high court that it was short of staff and hence would not like to take up this case in Maharashtra. Surprisingly, the Centre has now decided to hand over the probe to CBI, legal sources observed.
The then additional Solicitor General S B Jaisinghani had placed CBI's letter of August 27 to support his argument that CBI was overburdened with other cases and would not take up the fake stamp paper probe.
Sirish Gupte, who is now Additional Solicitor General, said he had not appeared in this matter before but would take a stand tomorrow if the issue cropped up during the hearing. However, he did not elaborate what would be his stand.
CBI, being an independent agency, would have to declare its stand before the court, legal sources told.
Meanwhile, the options open for the petitioners would be to press for their prayer for a CBI probe or urge for amending it in case they were satisfied with SIT probe in view of the arrests of top police officers, the sources said.
On last occasion, the SIT had tabled a report before the court on the role played by former Mumbai Police Commissioner R S Sharma in alleged shielding of accused Abdul Karim Telgi. It indicted Sharma for nine acts of omission and commission.
The court referred the report to the Chief Minister for action. As a result, Sharma was transferred as Additional DGP (administration) and later Chief Security Officer of Maharashtra Road Transport Corporation.
Bureau Report
Majeed Memon, lawyer of petitioner and social activist Anna Hazare, said CBI had initially opposed Hazare's plea to take up the probe. "The sudden willingness shown by CBI now to take up probe might have political overtones," he told.
Memon said he had initially prayed for a CBI probe but it was opposed by the state and CBI. The court had then asked Special Imvestigation Team (SIT) to continue with investigations and had appointed retired police officer S S Puri with rank of DGP to head the probe.
The lawyer said he would oppose handing over probe to CBI at this juncture when investigations had almost concluded. Another petitioner, Prashant Surve, pleaded that the probe should not be entrusted to CBI as it might delay the inquiry. He filed an affidavit yesterday saying that sit had done a good job under high court supervision and added that the SIT, under S S Puri, had arrested guilty policemen.
He also demanded that the action taken report and police reports in this case be made public.
Meanwhile, Maharashtra government would place before the court tomorrow "action taken report" on SIT findings on the role of former police chief R S Sharma in alleged shielding of prime accused Abdul Karim Telgi.
Four of the five PILs filed in the court, including that of Anna Hazare, had urged for transfer of investigations to CBI while the remaining one contended that Maharashtra's Special Investigating Team should continue with the probe as it is doing a fair job. In August, CBI had told the high court that it was short of staff and hence would not like to take up this case in Maharashtra. Surprisingly, the Centre has now decided to hand over the probe to CBI, legal sources observed.
The then additional Solicitor General S B Jaisinghani had placed CBI's letter of August 27 to support his argument that CBI was overburdened with other cases and would not take up the fake stamp paper probe.
Sirish Gupte, who is now Additional Solicitor General, said he had not appeared in this matter before but would take a stand tomorrow if the issue cropped up during the hearing. However, he did not elaborate what would be his stand.
CBI, being an independent agency, would have to declare its stand before the court, legal sources told.
Meanwhile, the options open for the petitioners would be to press for their prayer for a CBI probe or urge for amending it in case they were satisfied with SIT probe in view of the arrests of top police officers, the sources said.
On last occasion, the SIT had tabled a report before the court on the role played by former Mumbai Police Commissioner R S Sharma in alleged shielding of accused Abdul Karim Telgi. It indicted Sharma for nine acts of omission and commission.
The court referred the report to the Chief Minister for action. As a result, Sharma was transferred as Additional DGP (administration) and later Chief Security Officer of Maharashtra Road Transport Corporation.
Bureau Report