Why you didn't approach police against Deshmukh? HC asks Param Bir Singh

The Bombay High Court on Wednesday asked former Mumbai police chief Param Bir Singh why he did not lodge a police complaint against Maharashtra Home Minister Anil Deshmukh if he was aware of an alleged wrongdoing being committed by the ministerSingh recently claimed Deshmukh asked police officer Sachin Waze to collect Rs 100 crore from bars and restaurantsThe minister has denied any wrongdoingA division bench of Chief Justice Dipankar Datta and Justice G S Kulkarni asked Singh why he did not lodge a complaint with the police first and said without an FIR theHC cannot intervene or direct for an independent agency like the CBI to carry out an investigationYou Singh are a senior police officer You are not a layman You were dutybound to register a complaint against any wrongdoing Despite knowing that an offence is being committed by your boss you Singh remained silent Chief Justice Datta saidThe HC was hearing a criminal public interest litigation PIL filed in the HC on March 25 by Singh seeking a CBI probe against DeshmukhThe bench further noted that Singh cannot convert the HC into a magistrate courtThe proper and appropriate course of action would be for you Singh to first lodge a complaint with police If the police do not lodge an FIR then you have the option of filing an application before the magistrate the court saidSinghs counsel Vikram Nankani said his client wanted to avoid this chakravyuh labyrinthThe HC however noted this was the procedure laid down in lawAre you saying that you are above the law Chief Justice Datta askedNankani argued that he did not have any other option than to approach the HC as the complaint and allegations were against the very head of the state administrationThe court further asked Nankani if any statement as alleged by Singh in the petition against Deshmukh that he had asked police officers to extort money was made by the Home minister in Singhs presenceWas any of these statements made by the Home Minister in Singhs presence Otherwise this is nothing but hearsay the court saidThe HC further said there is also no affidavit submitted by any of the police officers who were allegedly called by Deshmukh to his residence supporting the allegations levelled by SinghThe bench said without an FIR it cannot pass an order directing an independent agency to investigate the matterOur prima facie opinion is that without an FIR this court cannot order investigation Your prayer seeking a direction to the CBI to investigate appears to be harsh in the absence of an FIR Chief Justice Datta saidThe court further asked if a PIL is maintainable when the issue pertains to a service matterAdvocate General Ashutosh Kumbhakoni appearing for the Maharashtra government sought dismissal of the petition with an exemplary cost and claimed the plea was filed with personal vendettaThe PIL is not filed in public interest but is riddled with personal grievances and interests The petitioner has come to this court with dirty hands and dirty mind Kumbhakoni saidSingh in his petition claimed Deshmukh had asked police officers including suspended assistant police inspector Sachin Waze to collect Rs 100 crore each month from bars and restaurantsWaze was arrested earlier this month by the National Investigation Agency NIA in the case of bomb scare near industrialist Mukesh Ambanis residence in MumbaiThe PIL filed by Singh also raised the issue of alleged corruption in police transfers and postings in the stateSingh was shifted from the post of Mumbais Commissioner of Police to the Home Guards department on March 17This story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever