Friends, two weeks back, in my blog I had written about the former Mumbai Police Commissioner had approached Supreme Court (SC) regarding non action by Maharashtra govt against his corruption charges against Maharashtra’s Home Minister (HM) Anil Deshmukh. SC , while hearing his petition asked him to approach High Court (HC) in the said matter. He then approached Bombay HC, and his petition and other Public Interest Litigations (PIL) in the same matter were heard by HC yesterday. In the judgement HC directed the Central Bureau of Investigation (CBI) to carry out preliminar enquiry into corruption allegations by former Mumbai Police Commissioner Param Bir Singh against Anil Deshmukh.
Terming the case as ‘extraordinary and unprecedented’, the court asked the CBI to complete the probe within 15 days, after which the CBI director is at liberty to take further course of action.Three days after he was removed as Mumbai Police Commissioner and posted to the Home Guards, Singh wrote an eight page letter to Chief Minister Uddhav Thackeray, alleging that Deshmukh asked how suspended and arrested assistant police inspector Sachin Waze to collect Rs 100 crore every month, including Rs 40-50 crore from 1,750 bars and restaurants in Mumbai.
The court also passed the order on criminal writ plea by city-based lawyer Jaishri Patil, who, wanted an independent probe into allegations, had sought directions to Police to take cognizance of complaint filed by her at Malabar Hill Police station, complaining of corruption by Deshmukh, Singh, and others. Patil had sought registration of FIR in the case
.A bench of Chief Justice Dipankar Datta and Justice Girish S Kulkarni said, “We agree with Jaishri Patil that directions are required to order an unbiased probe to unearth the truth. There can be no independent probe if it is given to Police as Deshmukh is HM. The interest of justice will be done if the Director of CBI is allowed to conduct a preliminary inquiry. Such preliminary inquiry is ordered in accordance with law and be concluded within 15 days.”
The bench, while referring to the ‘unprecedented’ situation, said, “It is said that none can see time, but many a time, time makes us see many things hitherto before unseen. So true. It added, “It is time that has made us realize that the realities of life would have to be examined to give shape to law, for, law would cease to serve its purpose if justice cannot be administered. With such realization in mind, we now proceed to complete the task at hand.”
HC added that “ Anil Deshmukh is the HM. The Police department comes under him, and he controls and directs them. So there can not be fair, impartial, unbiased probe, if the same were to be entrusted to State Police. Trherefore the probe has to be carried out by an independent agency like CBI. Court further added that they agree with Jaishri Patil that directions are required for conducting an unbiased, impartial and fair probe so that truth is revealed, and if crime is committed by someone then that person should be dealt with the procedure established by the law.”
The HC observed that “ we are thus of the view since the courts exists for society, so that law can be upheld. In this case, prima facie, the issues are such that the very faith and confidence of citizens in the functioning of Police department. Now if there is some truth in allegations then the truth has to prevail.” Court futher added “ such allegations, therefore can not remain un attended and are required to be looked into in manner known to law when, prima facie they indicate of cognizable offence. Court can not remain mute spectator, to the complained received against high level oficers. It is hence, certainly an issue of credibility of State machinery, hence court has to interfere.
Referring to Jaishri Patil’s complaint pending before Malabar Hill Police station and bar on HC while ordering CBI ‘investigation’ without FIR, the HC said CBI need not register FIR immediately or take up Patil’s complaint. The court also granted ‘liberty to Singh to make a grievance, if any, before an appropriate forum.’
Jaishri Patil’s plea sought directions to secure CCTV footage of places where alleged criminal conspiracy took place in the Ambani house bomb scare case as per Param Bir Singh’s letter to Chief Minister Uddhav Thackeray. Deshmukh has denied the allegations against him.
HC earlier had has asked Param Bir Singh why he has not filed an FIR, when he was Police Commissioner. There has to be an FIR. In his plea, Singh further said in August 2020, Rashmi Shukla, then Commissioner Intelligence, state intelligence department, had brought to the notice of the DGP about corruption in postings and transfers in Maharashtra. The DGP in turn had brought it to the knowledge of the Additional Chief Secretary (Home).
Now Anil Deshmukh and Maharashtra govt are going to approach SC in this matter. On hearing HC’s order Anil Deshmukh resigned from the State cabinet yesterday
The truth is that in all the States of the country, Police officials have to listen to their political boss. In this case the case was against the Big Boss, the Home Minister of the State. How could Police file an FIR against their boss, everyone feared the political repurcussions. Now a days one thing is certain that higher courts are very serious in the cases of political cirruption.
.The fact is that we all know Police Department is corrupt, now whether CBI will be able to unearth the truth in this case, is to be seen, CBI has to finish their preliminary probe in next 15 days. Let us wait and watch for what happens after 15 days.
Waiting for your comments/views.
Anil Malik
Mumbai, India
6th April 2021