State moves Bombay high court challenging judicial inquiry against Maria

DNA: Mumbai: Monday, 08 December 2014.

The state has challenged the judiciary inquiry order passed by the Chief Information Commissioner (CIC) against Mumbai police commissioner Rakesh Maria, in connection with the alleged discrepancies in the 26/11 terror attack call records, in the Bombay high court. The appeal is likely to come up for hearing in the coming week.

What does the petition include?

The petition challenges the order for inquiry on the grounds that it is bad in law. It further says that the CIC does not have the powers to issue an inquiry, but can only direct to supply the desired information under the RTI Act. The appeal also states that the required information as claimed by Vinita Kamte, wife of slain IPS officer Ashok Kamte, was provided by Maria.

What are the details of the probe?

Recently, the government had sanctioned the proposal for appealing against the CIC order. The city police had approached the State Home Department seeking permission to challenge CIC Ratnakar Gaikwad's July order in court.

The transparency watchdog had asked the state to institute an inquiry to probe why 'misleading' information was provided to Vinita Kamte by Maria. The three page order stated "Hence, I order the state government through the Chief Secretary to initiate an inquiry under the Commission of Inquiry Act 1952 headed by a sitting or retired judge."

What has Vinita Kamte sought?

Under RTI, she had sought call logs of wireless conversations between the control room and Kamte's van in which he was killed along with Maharashtra ATS chief Hemant Karkare and encounter specialist Vijay Salaskar.

She alleged the details were first denied to her. However, when information was provided in November 2009 and February 2010, there were 'serious discrepancies'.

What was Maria's role in the 26/11 case?

As joint commissioner of police (Crime), Maria had led the probe into the 26/11 case, and was heading the police control room for some time during the 72-hour siege.

Kamte has accused Maria of not telling her who sent her husband to Cama Hospital, where he was killed, even though he was in charge of the main control room during the first few hours of the attack.