HC Rejects Ex-Intel Chief's Plea To Quash Fir Over Leak Of Report

The Bombay high court on Wednesday rejected a petition filed by the state’s exintel chief Rashmi Shukla for quashing of an FIR registered by Mumbai cyber cell against unknown persons over “leak” of her confidential phone tap report into allegations of corruption in police transfers.

- Swati Deshpande

Mumbai: It also rejected her plea to transfer probe to CBI but directed she should be given 7 days’ prior notice before taking any coercive steps against her.

The HC bench of Justices Nitin Jamdar and Sarang Kotwal said, “FIR prima facie discloses cognisable offences” and hence police is duty-bound to investigate. The HC said Shukla made out no grounds to quash the FIR or prevent further investigation.

The HC also said that from contents of FIR, it is clear what was shown and referred to by leader of opposition Devendra Fadnavis “is confidential and top-secret information. These documents attract provisions of Section 5 of the Official Secrets Act” and hence at this stage it cannot be said that the Act is not attracted. But the HC said it is not shown whether LOP can be termed an authority within the meaning of Section 5 of the Act (which deals with ‘wrongful communication’ of secret information).