New Delhi, 19 August 2021

As per news report of The Indian Express, A bench of Justices D Y Chandrachud and M R Shah junked Deshmukh’s appeal against the July 22 order of the Bombay High Court, which had also turned down his prayer to quash the FIR, saying that no case for interference was made out. The apex court bench also rejected a plea by the Maharashtra government against the HC order allowing the CBI probe. Appearing for Deshmukh in his petition challenging the Bombay HC order, senior advocate Amit Desai contended that the CBI could not take up investigation without prior consent of the state. He argued that the HC had only ordered a preliminary enquiry, and subsequently it had to seek State sanction under Section 17A of the Prevention of Corruption Act before registering FIR. Additional Solicitor General Aman Lekhi, appearing for CBI, opposed this and said the inquiry was based on High Court’s order and the power of the constitutional court to order inquiry cannot be excluded or curtailed.

Source -indianexpress.com

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