Rashmi Shukla Has No Locus, Her Plea to Quash Phone Tapping FIR Not Maintainable : Maharashtra Govt to Bombay High Court
Live LawThe Maharashtra Government has sought to dismiss senior IPS officer Rashmi Shukla's quashing petition, saying that the FIR under the Official Secrets Act for the leak of her confidential report does not name her. The State claims that Shukla had marked the report as "top secret," therefore sections of the Official Secrets Act are invoked. Dealing with Jethmalani's allegations that the phone taps had Kunte's sanction and he could not "disown" his role, the 13 page affidavit states that since Shukla herself acknowledges that the phone tap was in her official capacity, the permission is irrelevant to quashing of the FIR. "Even assuming, without admitting, that the sanctions were validly received, I state and submit that the information received pursuant to such surveillance constitutes information contemplated under the Official Secrets Act and thus leakage of such information constitutes an offence," the affidavit stated.