No prosecutor for CBI's corruption case against Anil Deshmukh for over 6 months; court sees red

Mumbai, Nov 26 A court here has come down heavily on the CBI for its failure to appoint a prosecutor for the alleged corruption case involving former Maharashtra Home Minister Anil Deshmukh, calling the agency's approach "lethargic."

S R Navander, special judge for cases against MPs/MLAs, on Tuesday said a prosecutor must be appointed by the next date.

The court was supposed to conduct a hearing on the framing of charges on Tuesday. A trial starts once the court frames charges. The CBI, however, submitted that the appointment of a special public prosecutor was under consideration, and sought adjournment.

The court noted that there has been no prosecutor in the case for more than six months, even though the Supreme Court's directions mandate that cases against MPs/MLAs be tried expeditiously.

"....the approach of the prosecution is lethargic....no steps are taken to represent the prosecution by any advocate before the court," the court said, adding that framing of charges was delayed for this reason and it was a "serious lapse on the part of the prosecution."

"If the prosecution is serious enough to proceed with the case by the next date (December 2), a prosecutor should be appointed," the judge said. Otherwise the court will pass necessary orders having regard to section 309 of the Code of Criminal Procedure, he added.

Section 309 governs the power of a court to postpone or adjourn proceedings.

According to the CBI, Deshmukh, an NCP (SP) leader and then home minister, collected Rs 4.7 crore from various bars and restaurants in Mumbai through assistant police inspector Sachin Waze.

The money was then laundered and routed to the Nagpur-based Shri Sai Shikshan Sansthan, an educational trust controlled by the Deshmukh family, the central agency claimed. Deshmukh is now out on bail.