New Delhi: The Supreme Court
Thursday junked a plea filed by former Maharashtra home minister Anil Deshmukh
seeking records, including file notings and internal correspondence, of the
preliminary enquiry (PE) report in the corruption case, saying "should we
entertain this because he has been a minister".
A bench headed by Justice S K
Kaul dismissed Deshmukh's plea and said he can argue on this before the
competent court and they have the liberty to do so.
"The petition under 32 is
based on the premise that the orders passed by the court on the rationale that
the PE may have been material against the petition. But as per certain
newspaper reports, the petitioner is stated to have been given clean chit in
the enquiry.
"The prayer is to call
for all the records to look into the PE. We are not inclined to exercise our
jurisdiction under Article 32. In the given scenario it is always open to the
petitioner to plead before the competent court," said the bench also
comprising Justice M M Sundresh.
Senior advocate Kapil Sibal,
appearing for Deshmukh, submitted that the court had earlier said that let the
PE be completed as the commissioner of police has made these allegations.
"Now the
commissioner of police is going to be declared an absconder. They said in FIR
that a PE report says a cognisable offence is made out. India Today has
assessed the report. As per certain reports, the petitioner is given a clean
chit.
"The PE on the orders
of the Bombay High Court has recorded statements of many key players. If this
is true then it takes the whole basis of the record. Then there is political
motivation in this. All family members, servants are being called everyday to
admit that you are leaking this report," Sibal submitted.
The court,
however, said, "We don't know how much credence can be given to all this
material. Should we entertain this because he has been a minister.The
investigation can carry on. Why should this court entertain this petition under
Article 32. Competent courts are already looking into this. We are not
inclined."
A special PMLA
court here on Monday had sent Deshmukh to 14-day judicial custody as the
Enforcement Directorate (ED) did not seek his further remand in connection with
a multi-crore money laundering case.