Mumbai: The Bombay High Court connected Wednesday asked erstwhile Mumbai constabulary main Param Bir Singh wherefore helium did not lodge a constabulary ailment against Maharashtra Home Minister Anil Deshmukh if helium was alert of an alleged wrongdoing being committed by the minister. Singh precocious claimed Deshmukh asked constabulary serviceman Sachin Waze to cod Rs 100 crore from bars and restaurants.
The curate has denied immoderate wrongdoing. A part seat of Chief Justice Dipankar Datta and Justice G S Kulkarni asked Singh wherefore helium did not lodge a ailment with the constabulary first, and said without an FIR the HC cannot intervene oregon nonstop for an autarkic bureau similar the CBI to transportation retired an investigation.
"You (Singh) are a elder constabulary officer. You are not a layman. You were duty-bound to registry a ailment against immoderate wrongdoing. Despite knowing that an offence is being committed by your boss, you (Singh) remained silent," Chief Justice Datta said. The HC was proceeding a transgression nationalist involvement litigation (PIL) filed successful the HC connected March 25 by Singh, seeking a CBI probe against Deshmukh.
The seat further noted that Singh cannot person the HC into a magistrate court. "The due and due people of enactment would beryllium for you (Singh) to archetypal lodge a ailment with police. If the constabulary bash not lodge an FIR, past you person the enactment of filing an exertion earlier the magistrate," the tribunal said.
Singh's counsel Vikram Nankani said his lawsuit wanted to debar this "chakravyuh" (labyrinth). The HC, however, noted this was the process laid down successful law.
"Are you saying that you are supra the law?" Chief Justice Datta asked. Nankani argued that helium did not person immoderate different enactment than to attack the HC, arsenic the ailment and allegations were against the "very caput of the authorities administration".
The tribunal further asked Nankani if immoderate statement, arsenic alleged by Singh successful the petition against Deshmukh that helium had asked constabulary officers to extort money, was made by the Home curate successful Singh's presence. "Was immoderate of these statements made by the Home Minister successful Singh's presence? Otherwise this is thing but hearsay," the tribunal said.
The HC further said determination is besides nary affidavit submitted by immoderate of the constabulary officers who were allegedly called by Deshmukh to his residence, supporting the allegations levelled by Singh. The seat said without an FIR it cannot walk an bid directing an autarkic bureau to analyse the matter.
"Our prima facie sentiment is that without an FIR, this tribunal cannot bid investigation. Your supplication seeking a absorption to the CBI to analyse appears to beryllium harsh successful the lack of an FIR," Chief Justice Datta said. The tribunal further asked if a PIL is maintainable erstwhile the contented pertains to a work matter.
Advocate General Ashutosh Kumbhakoni, appearing for the Maharashtra government, sought dismissal of the petition with an exemplary outgo and claimed the plea was filed with idiosyncratic vendetta. "The PIL is not filed successful nationalist interest, but is riddled with idiosyncratic grievances and interests. The petitioner has travel to this tribunal with soiled hands and soiled mind," Kumbhakoni said.
Singh successful his petition claimed Deshmukh had asked constabulary officers, including suspended adjunct constabulary inspector Sachin Waze, to cod Rs 100 crore each period from bars and restaurants. Waze was arrested earlier this period by the National Investigation Agency (NIA) successful the lawsuit of weaponry scare adjacent industrialist Mukesh Ambani's residence successful Mumbai.
The PIL filed by Singh besides raised the contented of alleged corruption successful constabulary transfers and postings successful the state. Singh was shifted from the station of Mumbai's Commissioner of Police to the Home Guards section connected March 17.