Bombay High Court Reserves Order On Param Bir Singh's PIL Seeking CBI Probe Against Anil Deshmukh

After a day long marathon hearing, the Bombay High Court on Wednesday reserved its order on a PIL filed by ex-Chief of Mumbai Police, Param Bir Singh, seeking a CBI inquiry into alleged corrupt malpractices of Maharashtra Home Minister Anil Deshmukh.The court has reserved it for orders on admission of the matter, preliminary objection as to the maintainability of the petition and application for interim relief. A Division Bench comprising of Chief Justice Dipankar Datta and Justice GS Kulkarni has expressed dilemma over passing order for investigation in the absence of an FIR. "An FIR is the first step into setting the criminal law in motion," CJ Datta said. However, ASG Anil Singh appearing for the CBI submitted that the agency is ready to look into the allegations, considering their seriousness, if the Court deems fit. "It is for the court to decide but if the court pleases, we are ready to carry out the investigation, considering the seriousness of the matter," he said. The Court also heard two other PILs on the same issue, filed by Advocate Ghanshyam Upadhyay and by a chartered accountant, respectively. Apart from the Home Minister, the two petitions also seek probe against Singh for concealing the corruption allegations.It has reserved orders on all petitions including the preliminary question of maintainability. During the hearing, the bench also expressed dissatisfaction at the fact that the Police authorities are failing in their duty to promptly register FIR on disclosure of information pertaining to cognizable offences. "Earlier it was not rampant that FIRs were not registered. We should all feel ashamed that we are giving the liberty to the police to decide whether an FIR is registered or not. Everything gets sorted out if the police registered complaints," the CJ said. The remarks were made after Advocate Jaishree Patil, who was asked about her locus by another bench yesterday, informed the Bench that she had approached the Malabar Hill Police Station. However, the FIR was not registered. Feel ashamed that Police not registering FIRs: Chief Justice Datta During the first half of the hearing, the Bench had disapproved the practice of approaching the Courts seeking directions for independent probe, without even filing a FIR. "Why has no FIR been lodged by anybody?" CJ Datta had asked. "You Are A Police Officer, You Are Failing In Your Duty If You Don't File FIR When You Know An Offence Was Committed": Bombay HC In Param Bir Singh Vs Anil Deshmukh The Bench had expressed its disinclination to order an investigation into the matter in the absence of an FIR. It had observed that FIR is the first step into setting the criminal law in motion. The Bench further said that merely because the Home Minister of the State is involved in the matter would not mean that the provisions of the CrPC can be bypassed. However, during the second half, it was informed about Patil's (failed) attempt to file a FIR. It therefore sought the State's response. It asked the AG to get in touch with the officer-in-charge of the concerned Police Station and get the station diary. "By 4pm we want the station diary Mr Advocate General… We will not rise till the document comes," CJ Datta said. The AG relied on Lalita Kumari v. Govt. of UP to contend that investigation agency may require time for conducting a preliminary inquiry to ascertain whether cognizable offence is disclosed or not. At the latter end of the hearing, the AG obtained instruction that in the inward register, there is an entry but, there is no mention of Jaishree Patil's complaint in the station diary. "This answers it all," Nankani remarked. Can Court order investigation without FIR? During the first half of the hearing, the Bench had sought to be addressed primarily on two grounds: (i) Maintainability of the PIL, and (ii) Power of Court to direct investigation in the absence of an FIR. It expressed its prima facie opinion that ordinarily, a Court cannot order investigation in the absence of a FIR. It observed that it is only in extremely rare cases that the Court can order an FIR and otherwise, the correct course of action would be to approach a Magistrate Court under Section 156(3) of CrPC. Submissions by Petitioners Senior Advocate Vikram Nankani, appearing for Param Bir Singh insisted that the allegations have been levelled by a person who occupied the "highest police post" and it is something that needs to be looked into by an independent investigating agency. He submitted that even the Maharashtra Government considers this to be an important issue, leading to institution of a judicial inquiry, ordered last night. Maharashtra Govt. Orders Judicial Inquiry By Justice (Rtd) KU Chandiwal Into Corruption Allegations Against Anil Deshmukh "The government has already acted on the complaint. This itself creates a cloud of suspicion,...

Bombay High Court Reserves Order On Param Bir Singh's PIL Seeking CBI Probe Against Anil Deshmukh

Sharmeen Hakim

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