Breaking: Maharashtra Govt, Anil Deshmukh Move Supreme Court Against Bombay HC Order For CBI Probe On Param Bir Singh's Allegations

The Maharashtra Government has approached Supreme Court Challenging the Bombay High Court Order directing CBI to conduct preliminary inquiry in to the corruption allegations made by former Mumbai police chief Param Bir Singh. The Special Leave Petition filed by the Maha Vikas Agadi government seeks to set aside the High Court order for preliminary enquiry into the extortion allegations levelled by former Mumbai Police Commissioner against the Home Minister(since resigned) Anil Deshmukh.Anil Deshmukh has also filed a separate petition challenging the High Court order. The petitions were filed today morning.Deshmukh raises the following arguments to challenge the judgment passed by a division bench of Chief Justice Dipankar Dutta and Justice GS Kulkarni on April 5 :The order was passed without hearing Deshmukh. The ex-parte procedure adopted by the Court caused prejudice.The Court did not take into account the fact that Maharashtra Government has revoked the general consent given to CBI.The Court did not give an opportunity for the State Police Machinery to respond to the allegations.The Court did not take into account the fact that Param Bir Singh made the allegations immediately after he was removed from the post of Mumbai Police Commissioner.CBI enquiry is ordered under Article 226 in exceptional circumstances after the failure of state police is demonstrated. However, no opportunity was given to the State Police to deal with the matter. As per Supreme Court precedents, CBI investigation is ordered after the State Police investigates the matter at the first instance.The Court did not consider the non-exhaustion of alternate remedy of approaching the Magistrate under Section 156(3) of CrPC.The plea states :"In the annals of judicial history, there has hardly been an occasion when the court has taken the statements made against a sitting minister at face value and proceeded to direct an outside agency, without calling for a response from the minister, to conduct a preliminary inquiry. These allegations wele made after the erstwhile commissioner of police was transferred, and evidence sought to be created with intent. These aspects require to be looked into before the Court took the extreme step of directing a preliminary enquiry by the CBI".Deshmukh takes objection to the fact that the High Court did not opt to follow the well settled procedure of ordering a court-monitored investigation by a Special Investigation Team constituted by it, instead of handing over the investigation to an agency "controlled by the Central Government".It is also highlighted in the petition that Parambir Singh's allegations are not substantiated and are motivated. Had the Court given an opportunity to him to respond, he could have demonstrated the falsity of the allegations, Deshmukh says in the plea."The erstwhile Commissioner of police has referred to alleged conversations by others, which is pure hearsay, not produced any substantive evidence before Court, that can, in law, be relied upon, and without giving notice to the Petitioner, has handed over investigation to an agency which the State Government has least confidence in. If this principle were to be followed, and courts under Article 226 of the Constitution were to accept bald and motivated statements of this nature, made much after the alleged incidents, without any actionable evidence before Court, then the Petitioner believes that such processes may well be followed to destabilize governments", the plea states.The Bombay High Court on Monday directed CBI to complete the preliminary enquiry within 15 days and decide the further course of action regarding the registration of FIR following that.Deshmukh resigned hours after the Bombay High Court's Order. The High Court had held that an un-biased probe is required to "unearth the truth."Observations by the High CourtThe Bombay High Court observed that the allegations made by former Mumbai Police Commissioner Parambir Singh against the Maharashtra Home Minister Anil Deshmukh are of a "serious nature", which warrant a preliminary enquiry by the Central Bureau of Investigation. "Prima facie, the issues are such that the very faith of citizens in the functioning of the police department is at stake", a division bench comprising Chief Justice Dipankar Dutta and Justice GS Kulkarni held.Some of the crucial observations made by the Court in the judgment are as follows :"If there is any amount of truth in such allegations, certainly it has a direct effect on the citizens' confidence in the police machinery in the State. Such allegations, therefore, cannot remain unattended and are required to be looked into in the manner known to law when, prima facie, they indicate commission of a cognizable offence"."It is, hence, certainly an issue of credibility of the State machinery, which would stare at the face when confronted with the expectations of the law and...

Breaking: Maharashtra Govt, Anil Deshmukh Move Supreme Court Against Bombay HC Order For CBI Probe On Param Bir Singh's Allegations

LIVELAW NEWS NETWORK

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Breaking: Maharashtra Govt, Anil Deshmukh Move Supreme Court Against Bombay HC Order For CBI Probe On Param Bir Singh's Allegations

LIVELAW NEWS NETWORK

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers