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The court also referred to an investigation report dated November 30, 2021, which analysed the extracted data from the computer belonging to the SID. The report said that sensitive data in respect of seven mobile numbers might have been transferred, copied or edited in five pen drives. The report further said that three USB drives were connected to the computer and some of the data was deleted from the computer on August 26, 2020.

“Finally, it is stated that investigation could not establish as to from where, by who and when the documents in question were handed over to Shri Devendra Fadnavis, then LOP (Leader of Opposition), Maharashtra. Thus, the offences appear to have been committed as regards illegally obtaining confidential official communication by unknown persons and giving it to LOP,” the court said. It added that the charges including under the Official Secrets Act or Indian Telegraph Act may not be attracted in the case, but charges under theft, forgery and relevant sections of the Information Technology Act can still be invoked. The order does not refer to the response given by Fadnavis in his statement on the source of the information. He is learnt to have told the police that as he is the Opposition leader in the state, his office receives several letters, one of which had the pen drive and hence he is unaware about the sender.

The CBI has also said that there was a possibility of misuse of blank letters of the SID and the contradictory statements of its staffers could not establish where the letters in question were printed or originated from.

The CBI sought to close the case as an ‘A Summary’ where the offence is established to have been committed but there is no evidence on who the culprits are. “…as the Investigating Officer is unable to establish the identity of accused persons of alleged criminal act now, on the basis of investigation done it is necessary to accept the report for time being by granting ‘A Summary’ as offence is true but culprits are undetected,” the court said in its order on Monday, the details of which were made available on Friday.

On March 23, 2021, a press conference was held by Fadnavis where he alleged corruption in the then Maha Vikas Aghadi (MVA) government, claiming that there was evidence in the form of calls and a letter written by Shukla to the then DGP about exchange of money between senior police officials and politicians for plum postings. Based on this, the government had said that the information referred to by Fadnavis was confidential in nature and an FIR was filed by an SID officer to inquire into how it had leaked. The Mumbai Police had also recorded the statement of Fadnavis in March 2022. Fadnavis had then said that the manner in which his statement was recorded by the Mumbai Police made it look like he was being made an accused or co-accused in the case, even though he had brought the corruption for transfers to light.

Before a chargesheet was filed in the case, however, there was a change in government in the state. Immediately after, in July 2022, the case was transferred to CBI. It filed a closure report in May which was accepted by the court on Monday.