ANIL DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Permission to file SLPs. is granted in D.NO. 9414/2021.

(2.) De hors the niceties of an elaborate order passed by the High Court, we are of the view that the nature of allegations, the personas involved and the seriousness of the allegations do require an independent agency to enquire into the matter. It is a matter of public confidence given the factual scenario. We may also add that what has been directed is only a preliminary enquiry albeit by an independent agency.

(3.) We are unable to accept the contentions of Dr. A.M. Singhvi, learned senior counsel that merely because the Home Minister has resigned after the impugned order would be a factor not to direct enquiry by an independent agency. The two personas held post of Home Minister and Commissioner of Police for a long period and the latter would be a post of confidence of the former. Further, we are unable to accept the contention of Mr. Kapil Sibal, learned senior counsel that even for directing a preliminary enquiry, the petitioner Mr. Anil Deshmukh is mandatorily entitled to be heard in his individual capacity even though the State Government was represented and he was a Minister at that time. For the aforesaid reasons, we are not inclined to interfere with the impugned order(s).