SC dismisses CBI's petition in Telgi case

New Delhi, Aug 18: The Supreme Court has dismissed a CBI petition seeking cancellation of bail granted to former DCP,Mumbai police, involved in Telgi fake stamp paper scandal.

Police officer Pardeep Bhalchandra Sawant was arrested by CBI on January 7, 2004 for not taking action against Abdul Karim Telgi, the alleged kingpin of fake stamp paper scandal. The police official was also accused of directing his subordinates not to keep Telgi in any lock-up and giving him special treatment to facilitate his illegal activities.

Sawant, who was posted as DCP at that time, was arrested under Maharashtra Control of Organised Crime Act (MCOCA), read with Sections 7 and 13 (1)(D) of the Prevention of Corruption Act.

A bench comprising Chief Justice K G Balakrishnan and Justice P K Balasubramanian, without expressing any opinion on the merits of the case, declined to interfere with the judgement of Bombay High Court and dismissed the appeal.

The apex court, in its judgement pronounced yesterday, observed '' We find some merits in the submission of learned counsel for the appalent that the approach of High Court leaves a lot to be desired.

There may be some substance in his argument that the High Court has not properly understood the content of Section 3(2) and Section 3 (3) of MCOCA and it was in error in thinking that deliberate inaction or studied negligence on the part of a responsible police officer could not amount to abetting or knowingly facilitating the commission of an organised crime.'' ''But, we dont think that it is proper for this court to go into that question in detail in this proceeding which is only an appeal against the grant of bail,'' the Court added.

The same bench also dismissed a similar petition of the state of Maharashtra seeking cancellation of bail granted to then Inspector of Police Vashishtha Rambhau Andhale, attached to Dharavi Crime Branch unit 5 Mumbai, facing similar allegations of conniving with Telgi.

The state of Maharashtra has challanged the order of Bombay High Court granting bail to Andhale, who was arrested on October 18, 2003.

UNI