I-T Dept Conducts Raids Against Former Maharashtra Minister Anil Deshmukh Over Tax Evasion

The former minister is being probed by the CBI and the ED on charges of alleged money laundering and payment of purported kickbacks in the police establishment of Maharashtra.

Mumbai: The income tax department on Friday conducted searches at multiple premises linked to former Maharashtra home minister Anil Deshmukh in connection with a tax evasion investigation, official sources said.

The raids are being carried out in Mumbai, Nagpur and Jaipur, they added.

The 71-year-old former minister is being probed by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) on charges of alleged money laundering and payment of purported kickbacks in the police establishment of Maharashtra.

The ED case against Deshmukh, who was the home minister in the Maha Vikas Aghadi government, and others came after the CBI booked him in the corruption case related to allegations of at least Rs 100 crore bribe made by former Mumbai police commissioner Param Bir Singh.

Deshmukh had said that Singh made the allegations against him after he was removed from the post of Mumbai police commissioner.

He has refused to comply with at least five summons sent by the ED for questioning in the case and has instead suggested that the agency interact with him over an online link saying he was a “law abiding citizen.”

Deshmukh resigned as Maharashtra home minister in April after the allegations surfaced following the recovery of an explosives-laden SUV parked near the residence of Reliance Industries Chairman Mukesh Ambani, a case in which suspended Maharashtra policeman Sachin Waze was arrested.

(PTI)

CBI Registers FIR Against Ex-Maharashtra Minister Anil Deshmukh in Alleged Bribery Case

The probe agency had carried out a preliminary enquiry on the orders of the Bombay high court to look into the allegations against Deshmukh levelled by former Mumbai police commissioner Param Bir Singh.

New Delhi: The CBI has registered an FIR against former Maharashtra home minister Anil Deshmukh in connection with allegations of bribery against him and carried out searches at various locations in Mumbai on Saturday, officials said.

The probe agency had carried out a preliminary enquiry on the orders of the Bombay high court to look into bribery allegations against him levelled by former Mumbai police commissioner Param Bir Singh, they said.

According to the officials, during the enquiry, the CBI got enough prima facie material to start a formal probe by registering a regular case against Deshmukh and other unidentified persons under the provisions of the Prevention of Corruption Act.

After registering the case, the CBI started a search operation at a number of locations, including the premises of Deshmukh, in Mumbai, they said.

On March 25, Param Bir Singh had filed criminal public interest litigation seeking a CBI probe against Deshmukh who, he claimed, had asked police officers, including suspended cop Sachin Waze, to extort Rs 100 crore from bars and restaurants.

Waze is facing an NIA probe in the case of an explosive-laden SUV found near industrialist Mukesh Ambani’s house in Mumbai.

Singh had initially approached the Supreme Court, alleging he was transferred from the post of Mumbai police commissioner after he complained to chief minister Uddhav Thackeray and other senior leaders about the “corrupt malpractices” of Deshmukh.

The apex court had termed the matter as quite serious but asked Singh to approach the high court.

Singh then filed the PIL in the high court, reiterating his allegations against Deshmukh and seeking an “immediate, unbiased, impartial” probe by the CBI against Deshmukh, who is an NCP leader.

The Shiv Sena, NCP and Congress share power in Maharashtra.

SC Asks Param Bir Singh to Approach Bombay HC for Probe Into Allegations Against Deshmukh

Justice S.K. Kaul observed that Singh and Deshmukh were “quite hunky dory for very long”. He added, “Now having fallen apart, one is making allegation against the other.”

New Delhi: The Supreme Court on Wednesday refused to entertain former Mumbai police commissioner Param Bir Singh’s petition demanding an “impartial and fair” CBI probe into the alleged corrupt malpractices of Maharashtra home minister Anil Deshmukh, asking him to approach the Bombay high court instead.

A bench of Justices Sanjay Kishan Kaul and R.S. Reddy said there is no doubt that the matter is quite serious, but the petitioner should first approach the high court.

Singh, a 1988 batch IPS officer, had also sought quashing of the order transferring him from the post of Mumbai police commissioner, alleging it to be arbitrary and illegal.

He was transferred after the arrest of Mumbai police officer Sachin Waze, who is accused of plaing a role in the bomb scare outside the South Mumbai Antilia residence of Mukesh Ambani. Waze is also accused to have played a role in the death of businessman Manuskh Hiran.

Singh had alleged that Deshmukh had set a Rs 100-crore collection target for the police every month, an allegation that the Nationalist Congress Party leader denies. Deshmukh himself has levelled allegations against Singh.

According to LiveLaw, Mukul Rohatgi, appearing for Singh, said that the allegations made by Singh are of “serious proportions” and “include the entire state administration”. He said the scandal know no bounds.

At the outset, the bench told Rohatgi that there are two preliminary questions – one is why Article 32 petition has been filed in the top court and the petitioner has not approached the high court under Article 226, and why Singh has not impleaded the state home minister as a party in his plea.

Rohatgi said that he will implead Deshmukh as a party in the matter and the application in this regard is ready.

He said that this is a serious matter which has affected the administration of the state.

The bench said the court is of the view that the petitioner should approach the high court and if he wants investigation by an independent agency, the high court can deal with this.

He also argued that under the Prakash Singh case – in which the Supreme Court established guidelines for police reforms, senior police officers cannot be transferred without completing their term of two years.

To this, the bench quipped that no state has implemented the reforms because they do not want to “let go of power”. “Whenever some particular episode erupts, people suddenly remember Prakash Singh judgment,” the bench observed, according to LiveLaw.

Rohatgi submitted that there was evidence in the form of CCTV footage, which was in the possession of ATS and that has not been handed over to the National Investigating Agency.

As interim relief, he has sought a stay of the operation of his transfer order and direction to state government, the Centre and CBI to immediately take in its custody the CCTV footage from the residence of Deshmukh.

Justice Kaul also observed that Singh and Deshmukh were “quite hunky dory for very long”. He added, “Now having fallen apart, one is making allegation against the other.”

“The petitioner is making some allegations and minister too is making allegations… We don’t see why you should not approach the High Court… We have no doubt the matter is quite serious, affecting the administration at large… liberty granted to approach HC,” the bench said, according to the Indian Express.

On Rohatgi’s submission that the high court be asked to take up Singh’s plea on Thursday, the bench said the petitioner can make this request before the high court.

(With PTI inputs)

‘Unlock 5.0’ Guidelines to Be in Place Till November 30: Home Ministry

Earlier, the guidelines for reopening activities issued on September 30 were to be in force till October 31.

New Delhi: The Centre on Tuesday said the current guidelines allowing various activities like opening of cinemas, theatres and multiplexes with up to 50% of their seating capacity will continue to be applicable till November 30 in areas outside the containment zones.

Earlier, the guidelines for reopening activities issued on September 30 were to be in force till October 31.

The Ministry of Home Affairs issued an order today to extend this period till November 30, an MHA spokesperson said.

The guidelines said that international travel, except those permitted by the Centre, would remain shut while state and UT governments were given the flexibility to decide on reopening of schools and coaching institutions in a graded manner.

The decision is be taken in consultation with the respective school and institution management, based on their assessment of the situation, and subject to certain conditions, according to the guidelines.

The activities permitted in areas outside the containment zones were – cinemas, theatres and multiplexes with up to 50% of their seating capacity, Business to Business (B2B) exhibitions, swimming pools used for training of sportspersons, entertainment parks and similar places.

Various ministries and departments have issued standard operating procedures for the reopening of activities.

Political gatherings in poll-bound Bihar and those constituencies where by-elections will be held were allowed with attendance of a maximum of 200 people in a close space or hall and in an open space depending on its size.

The political gatherings can be held only outside the containment zones.

The lockdown shall continue to be implemented strictly in the containment zones during the period.

The coronavirus induced country-wide lockdown was first announced by Prime Minister Narendra Modi from March 25 and it was extended in phases till May 31.

Also read: As COVID Poll Promises Abound, How Does the Vaccine Math Work?

The unlock process in the country had begun on June 1 with the graded reopening of commercial, social, religious and other activities.

Since the issuance of the first order on lockdown measures by the home ministry on March 24, almost all activities have been gradually opened up in areas outside the containment zones, a home ministry statement said.

While most of the activities have been permitted, some activities involving large number of people have been allowed with some restrictions and subject to SOPs being followed regarding health and safety precautions.
These activities include metro rail, shopping malls, hotel, restaurants and hospitality services, religious places, yoga and training institutes, gymnasiums, cinemas, entertainment park etc.

In respect of certain activities, having relatively higher degree of risk of COVID infection, state and UT governments have been permitted to take decisions for their re-opening, based on the assessment of the situation and subject to SOPs. These activities include schools and coaching institutes, state and private universities for research scholars and allowing gatherings above the limit of 100 etc.

The home ministry said the essence behind graded re-opening and progressive resumption of activities is to move ahead. However, it does not mean the end of the pandemic and there is a need to exercise abundant caution by adopting COVID-19 appropriate behaviour by every citizen in their daily routine.

A ‘Jan Andolan’ was launched by the Prime Minister Narendra Modi on October 8 on COVID-19 appropriate behaviour to follow three mantras, namely: wear mask properly, wash hands frequently; and maintain safe distance of six feet, the statement said.

The home ministry said where schools are conducting online classes, and some students prefer to attend online classes rather than physically attend school, they may be permitted to do so. Students may attend schools and institutions only with the written consent of parents. Attendance must not be enforced, and must depend entirely on parental consent, the home ministry said.

The Department of Higher Education under the Ministry of Education may take a decision on the timing of the opening of colleges and higher education institutions, in consultation with the home ministry, based on the assessment of the situation.

Also read: Safeguarding the World’s Response to COVID-19 from the Intellectual Property Police

Online and distance learning shall continue to be the preferred mode of teaching and shall be encouraged.

However, higher education institutions only for research scholars (Ph.D) and post-graduate students in science and technology stream requiring laboratory and experimental works will be permitted to open under some conditions.

For centrally funded higher education institutions, the head of institution will satisfy herself or himself that there is a genuine requirement of research scholars (Ph.D) and post-graduate students in science and technology stream for laboratory and experimental works, the ministry said.

‘Centre’s Decision to Hand Bhima Koregaon to NIA Unconstitutional’: Maha Home Minister

The case was taken over by the NIA while the state government was in the process of forming a special investigation team to take another look at the Pune police’s investigation.

Mumbai: Crushing any hope that the Maharashtra state government may release the rights activists and lawyers implicated in the 2018 Bhima Koregaon case, the Ministry of Home Affairs on Friday abruptly decided to hand the investigations over to the National Investigation Agency (NIA). The NIA Act allows the department to take over any investigations related to “scheduled offences” and the state has little role to play, leave alone decline permission.

On January 22, Maharashtra home minister Anil Deshmukh and deputy chief minister Ajit Pawar met the Pune police and the state intelligence officials for a review meeting on the case. Soon after the meeting, Deshmukh announced that by the next week, his department would take a decision on whether a Special Investigation Team (SIT) needs to be constituted to look into the investigation.

But even before the state could act upon its announcement, the Union home ministry decided to take the case away from the Maharashtra police. Nine activists and lawyers have been languishing in jail since June 2018 over allegations of being active members of the “urban Naxal” movement.

The Pune police had claimed that the accused had conspired and instigated the gathering at Bhima Koregaon, 30 kilometres off Pune city, which had led to violence. Several others, including professor Anand Teltumbde, right activist Gautam Navalakha, cultural activists from Kabir Kala Manch have been named in the earlier FIR and are yet to be arrested.

Those arrested include Sudhir Dhawale, a writer and Mumbai-based Dalit rights activist, Surendra Gadling, a UAPA expert and lawyer from Nagpur, Mahesh Raut, a young activist on displacement issues from Gadchiroli, Shoma Sen, a university professor and head of the English literature department at Nagpur University, Rona Wilson, a Delhi-based prisoners’ rights activist, advocate Arun Ferreira, advocate Sudha Bharadwaj, writer Varavara Rao and Vernon Gonsalves. While the first five were arrested on June 6, others’ arrests followed.

Top row (from left): Sudhir Dhawale, Surendra Gadling, Mahesh Raut; Middle row: Shoma Sen, Vernon Gonsalves, Varavara Row; Bottom row: Sudha Bharadwaj, Arun Ferreira and Rona Wilson

According to the Pune police’s investigation, led by ACP Shivaji Pawar, the accused hatched a conspiracy to assassinate prime minister Narendra Modi in a “Rajiv Gandhi style execution”. This, the police had claimed on the basis of one letter allegedly found on the computer of one of the arrested persons.

Also Read: The People’s Fighters: Meet the Five Arrested in the Bhima Koregaon Case

In November, soon after the tri-party government comprising the Shiv Sena, Nationalist Congress Party (NCP) and the Congress took over, they have on several occasions hinted at the possibility of revisiting the investigation into the case. During the winter assembly session, NCP leader and state cabinet minister for housing Jitendra Awhad had accused the former BJP government, led by Devendra Fadnavis, of wrongly targeting rights activists and falsely branding them as “urban Naxals”. Within weeks, NCP chief Sharad Pawar too spoke in favour of those arrested and demanded a fresh probe.

Early this month, Pawar sent two separate letters to the home department seeking the formation of an SIT. The Centre, however, decided to strike back before the state could react.

The NIA, unlike other investigative agencies, doesn’t need sanction from the state government. While the Act allows the involvement of the state government in the investigation, this decision is entirely dependent on the centre.

“Centre’s decision is unconstitutional”

As soon as news about the probe being handed over to the NIA broke, several NCP and Congress leaders in Maharashtra called the decision “unconstitutional”. State home minister Anil Deshmukh who was on his way to Gondia stopped by to call an urgent press briefing, where he said that the Centre has acted in an arbitrary manner.

“Right when the state government decided to go to the root of the matter, the Centre decided to step in,” he said. “It is wrong for the Centre to go ahead and take over a state-led investigation without keeping them (the state government) in the loop, leave alone taking their permission,” he further added.


Awhad claimed that the Centre’s decision is a direct attack on the Constitution. “It is a direct attack on the constitution, the federal structure and the autonomy of the state,” he said.

Speaking to media in Mumbai on Saturday, NCP chief Sharad Pawar said, “The state has all the right to probe this matter. What was the reason to transfer the case in haste? They were afraid that the truth will come out.”

NCP spokesperson Mahesh Tapase asked, “What is the BJP afraid of? Why have they suddenly lost faith in the Maharashtra Police?”

Revenue minister and senior Congress leader Balasaheb Thorat tweeted that the state government was not consulted before the decision. “Without consulting the Maharashtra government, the decision of the Central Government, abruptly handing over the Bhima Koregaon case to the NIA is unconstitutional and against the federal structure of the Union of India. We strongly condemn it,” he said.

Nihalsing Rathod, defence lawyer in the case, said that the Pune police have held the nine arrested activists for over 18 months. “The chargesheet relies heavily on digital evidence, which has not been made available to them till date. The defence lawyers and the media, in their independent investigations, have clearly established a pattern of lies weaved to keep the arrested activists in custody,” he said.

When the new state government was showing signs of having another look at at the case, the BJP is attempting to suppress the truth and “directly meddle into the state’s investigation”, he said. Rathod called the move “a direct attack on the Constitution and the federal structure”.

Multiple Discrepancies

There have been several apparent inconsistencies and discrepancies in the Pune police’s investigation. The Wire on December 21, had published a detailed report on several anomalies in the evidence that the Pune police have relied upon. There are several obvious instances of digital tampering in the purported evidence gathered from the computers and hard disks of two of the prime accused, Gadling and Wilson.

Also Read: Bhima Koregaon: Amid Demands For Fresh Probe, A Hard Look at the Case’s Discrepancies

The National Investigation Act was brought in by the Congress-led UPA government in 2008, after the 26/11 Mumbai terror attack. Though the agency was set up to look into terror cases, it has been accused of being misused by the Central government for political gains.

On January 15, the state of Chhattisgarh filed a suit in the Supreme Court challenging the constitutional validity of the NIA Act.