After a marathon hearing, the Bombay High Court on Wednesday reserved its order on the petition filed by former Mumbai Police Commissioner Param Bir Singh, seeking a CBI probe into corruption allegations against Maharashtra current Home Minister Anil Deshmukh. Listening to arguments and submissions from every side, a division bench of Chief Justice Dipankar Datta and Justice G.S. Kulkarni kept the order reserved on maintainability of the plea.
While hearing the matter, the court asked Param Bir Singh why he did not file a police complaint against Maharashtra home minister Anil Deshmukh if he was aware of the alleged wrongdoing committed by Deshmukh. The court said an FIR is the first step and that it cannot intervene in the matter or call for an independent enquiry in the absence of an FIR. “You are a senior police officer; you are not a lay man; you were duty-bound to register a complaint against any wrongdoing. Despite knowing that an offence has been committed by a boss, you remain silent,” Chief Justice Dipankar Datta said. Senior advocate Vikram Nankani argued that Param Bir Singh wanted to avoid the “Chakravyuh” where he would have to make futile attempts registering an FIR and if the FIR did not get filed, then approach a magistrate court with the plea to register an FIR.
Maharashtra state was represented by Advocate General (AG) Ashutosh Kumbhakoni, who pointed out that Singh’s petition was more of personal grievance and animosity with Anil Deshmukh. The relationship between Singh and Deshmukh was already strained, which Singh has conceded in his complaint. Kumbhakoni said, “There is nothing clean about the petitioner (Singh). His mind is dirty. Singh says that he has no personal grievance in the PIL. This is blatantly false.” Kumbhakoni later added that: “This started after the transfer order on March 19. He did not flag this until he saw a transfer order against him. His letter is full of vagueness. The report of Rashmi Shukla has been enquired into. The file has been closed. It got all the seriousness it deserved.”
Nankani, however, refuted these allegations and said: “His complaint says that he had told about this issue to Maharashtra Chief Minister Uddhav Thackeray, Deputy Chief Minister Ajit Pawar and Nationalist Congress Party (NCP) chief Sharad Pawarin mid-March.” Nankani also pointed out that the manner in which Rashmi Shukla’s report was buried within a month, requires an inquiry. Param Bir Singh had initially approached the Supreme Court, which asked him to approach the High Court while calling it a “serious” case.
Later in the day, the Bench also praised advocate Jayshree Patil, who had filed a complaint with the Malabar Hill police station on March 21. She pointed out to the court that the police have done nothing on her complaint, after which the court repeatedly asked for station diary from Malabar PS. The bench asked the AG if any FIR was registered based on the complaint by Patil. The AG said none had been. On station diary, the AG said there was no mention of complaint in dairy, but the inward register had an entry. Nankani said the lack of entry in station diary just proves Singh’s point of state not likely to take any action. “This is a great example of state sweeping things under the carpet.’’
Meanwhile, the CJ also raised concern about inaction of complaint filed by Patil. Chief Justice Datta said: “What is wrong if FIR is filed? What heavens will fall on the accused? It will only set the criminal law in motion. It is because of this police inaction that such cases come to court. You should be ashamed of yourself for not registering FIRs.”
However, ASG Anil Singh, appearing for CBI, submitted that the agency is ready to look into the allegations considering the seriousness of the matter only if court pleases; it’s on the court to decide.
The HC concluded the marathon hearing with a short order, “We have heard the parties in support of their prayers for admission of the writ petitions as well as interim relief claimed therein.’’ It said it also heard Kumbhakoni on his objection to the maintainability of the writ petitions. “Order is reserved.”