Former Mumbai Police Commissioner and current Director General of Police (Home Guard) Parambir Singh has accused Home Minister Anil Deshmukh of adopting corrupt practices in posting or transfers in police in addition with extortion of Rs 100 crore per month from various establishments.
Singh last week filed a petition in Bombay High Court challenging his transfer and seeking CBI investigation in the alleged corrupt malpractices of Deshmukh. Singh moved to Bombay High Court after the Supreme Court on Wednesday refused to entertain his plea regarding the same.
The hearing of the petition started from today. On the first day of the hearing, the court asked Parambir Singh a number of questions.
Parambir Singh had written a letter to Chief Minister Uddhav Thackeray on March 20 about the several misdeeds and malpractices carried out by the Home Minister.He accused Deshmukh of adopting corrupt practices in posting or transfers in police in addition with extortion of Rs 100 crore per month from various establishments.The matter is being heard in the High Court.
You are a police commissioner, why should the law be set aside for you? Are police officers, ministers and politicians all above the law? Don't view yourself so high, the law is above you," Bombay High Court Chief Justice CJ Dutta said in stern remarks during arguments.
"There has to be an FIR to investigate. Who stops you from filing an FIR? Prima facie observation is there can be no investigation without an FIR," the court responded.
"You are asking for directions for investigation to be handed over to the CBI. Where is the FIR and investigation so that it can be handed over to CBI?" The petition "prima facie" has no basis, said the court, adding, "Without an FIR where is the scope for us to exercise our jurisdiction?"
When Mr Singh argued that "even a simple letter to my lords" can become a PIL (Public Interest Litigation), the court replied: "You are a police officer. If you find an offence has been committed you are duty bound to file an FIR. Why did you not do it? You are failing in your duty if you don't file an FIR when you know an offence has been committed. Simply writing letters to the Chief Minister won't do. We can pull you up for it. If any citizen finds an offence is being committed he is duty-bound to file an FIR."
The FIR, said the High Court, was the "fundamental thing" and without one there could be no investigation.
Can you show us from the complaint first hand that the Home Minister said this in your presence," the court asked Mr Singh.
"Is there any affidavit from the officers saying that the home minister has said this to me?"
To which, Singh said he had discussed the subject with Cm Uddhav Thackeray, Deputy CM Ajit Pawar and Nationalist Congress Party chief Sharad Pawar. "I have mentioned the perpetuators of the crime. My pleas have not been paid heed to. I have no other place to go," he said.
The court is yet to pass the order and the arguments are on.