The Bombay High Court on Monday ordered a CBI probe into the allegations levelled against Maharashtra Home Minister Anil Deshmukh based on the petition filed by lawyer Jayshri Patil.
The bench headed by the Chief Justice of Bombay HC instructed the Director of CBI to carry out a preliminary inquiry in pursuant to the law and conclude it within 15 days. Once the preliminary inquiry is complete, the director CBI is at discretion to further course of action, the Chief Justice Dipankar Datta said.
However, the Court observed that since the state has already taken steps for a a probe by a high-level committee into the matter, the CBI need not immediately register an FIR in the case.
The court also disposed of Param Bir Singh’s plea, asking the former top cop to address his grievances regarding his transfer to the appropriate authority.
The Chief Justice Dipankar Datta expressed the court’s dilemma, stating that it is an extraordinary case where the petitioner— Param Bir Singh— has accused HM Anil Deshmukh in his PIL, and has alleged the state police of being biased. Singh had stated this reason for not filing an FIR. The bench said since it is an extraordinary case, a PIL can be maintained.
Senior advocate Vikram Nankani had appeared for Param Bir Singh. Other petitioners were represented by advocates Subhash Jha and Alankar Kirpekar in related petitions asking for probe into corruption allegations against Anil Deshmukh.
Bombay HC pulls up Param Bir Singh for not filing an FIR against HM Anil Deshmukh
Earlier last week, the Bombay HC had reserved its judgment on the maintainability of a public interest litigation (PIL) petition filed by former Mumbai police commissioner Param Bir Singh seeking a Central Bureau of Investigation (CBI) probe into his letter alleging that State Home Minister Anil Deshmukh had directed suspended assistant police inspector Sachin Vaze to collect ₹100 crore a month from bars and restaurants.
The court had then slammed the former Mumbai police commissioner Param Bir Singh, asking him how could an investigation be initiated against Maharashtra Home Minister Anil Deshmukh without an FIR against him. The court also remarked that Param Bir Singh failed in his duty as a cop for not filing an FIR in the case.
The court had then noted that Param Bir Singh was not “a layman” and added that without an FIR there is no scope of the court to intervene or ask a probe agency to investigate.