Bombay HC orders preliminary CBI probe into charges against Anil Deshmukh

The state had opposed Singh’s PIL on the grounds that his allegations were made after his transfer order was passed on March 17, which indicated that the PIL was a personal vendetta against Deshmukh

The Bombay high court has directed the Central Bureau of Investigation (CBI) to conduct a preliminary investigation into the allegations of corruption made by former Mumbai police commissioner Param Bir Singh against Maharashtra home minister Anil Deshmukh within 15 days. On completion of the preliminary inquiry, the court has left it to the discretion of the director of CBI to decide the further course of action.

Former Mumbai Police commissioner Param Bir Singh. (HT Photo)

The order was passed on the public interest litigations (PILs) filed by Singh, lawyer Ghanshyam Upadhyay, CA Mohan Bhide and a petition by lawyer Dr Jaishri Patil.

The division bench of chief justice Dipankar Datta and justice Girish Kulkarni, while passing the order on Monday, held that directions were required in Dr Jaishri Patil’s petition to order an unbiased probe to unearth the truth. The court observed that there could not be an independent probe if it was given to police as Deshmukh is the home minister and said the interest of justice would be served if the CBI was allowed to conduct a preliminary inquiry. “Such preliminary inquiry be conducted in accordance with law and be concluded within 15 days. Once preliminary inquiry is complete, it will be at the discretion of the director of CBI to decide on further course of action,” observed the bench.

The court, however, held that the CBI may not register an FIR based on the complaint by Dr Patil till then.

Singh had approached the high court after the Supreme Court rejected his civil writ petition but granted him liberty to approach the high court. Singh filed a criminal PIL on March 25 seeking a CBI probe into the alleged malpractices by Deshmukh.

The bench conducted a marathon hearing that lasted over six hours on Wednesday, March 31, wherein it heard not only Singh’s PIL but also two other PILs seeking similar action against Deshmukh as well as against Singh. The bench also heard Dr Patil’s petition. She sought an independent inquiry as well as directions to the Malabar Hill police station to register an FIR against Deshmukh. Dr Patil approached the high court after the Malabar Hill police station did not take action on a letter she had written on March 21 seeking registration of a complaint against Deshmukh.

The state had opposed Singh’s PIL on the grounds that his allegations were made after his transfer order was passed on March 17, which indicated that the PIL was a personal vendetta against Deshmukh. Advocate general Ashutosh Kumbhakoni had further submitted that the allegations that police officers were directed by Deshmukh to indulge in extortion were not substantiated by the officers through any statement or affidavit and hence Singh’s claims could be construed as hearsay and the PIL was not maintainable.

Singh’s complaint regarding Rashmi Shukla was also refuted by the state. The Maharashtra government’s senior counsel Ashutosh Kumbhakoni submitted that a high-level inquiry was conducted in September last year by the highest authorities, and after it was found that there had been no transfers or postings in that period, the inquiry was closed.

Kumbhakoni submitted that Patil’s letter to Malabar hill police station required an inquiry which is permitted for 15 days upto six weeks under the Code of Criminal Procedure, hence seekinga transfer of investigation to CBI would not be valid before the police have an opportunity to inquire into the issue.

After hearing the submissions, the bench observed that prima facie, Singh’s PIL was not maintainable as no FIR was registered. The court said that the basic premise of transferring an investigation could be held when an investigation was underway, however, in the absence of any FIR, as no investigation was going on, the court could not pass orders for transfer.

The court asked Singh as to why he had not registered an FIR against the home minister when he saw an offence being committed. The court also asked Singh why he had not exhausted his remedy of filing an FIR against Deshmukh by approaching the magistrate before approaching the court.

On Monday, while passing its judgement, the court observed that the high-level committee ordered by the state through a government notification led it to believe that there was no need for interference. It, however, held that it found substance in the arguments of Singh’s counsel, senior advocate Vikram Nankani and Upadhyay’s advocate Subhash Jha that it was an unprecedented case and as Deshmukh was the home minister and led the police, an independent investigation was required. The court then directed the CBI to conduct a preliminary inquiry and conclude it within 15 days but restrained it from registering an FIR immediately or to take up Patil’s complaint.

Thereafter the court observed that it was conscious that it had reserved its order on March 31 on the aspect of admissibility, however, in light of ts new order, the concerns raised in the petitions did not survive and hence they were being disposed of. The court also observed that Singh was at liberty to submit his grievance, if any, before an appropriate forum.

After the high court passed its order, Bharatiya Janata Party leader Atul Bhatkhalkar said the party welcomed the ruling “In the light of the high court’s ruling, the home minister himself should resign from the post. If he fails to do so, it is the duty of the chief minister to sack him from the post. The political leaders involved in the scam of transfer of police officers and the alleged ‘extortion racket’ should be punished,” he said.

Leader of Opposition and former chief minister Devendra Fadnavis demanded Deshmukh’s resignation. “The CBI inquiry has been directed after the Bombay high court felt that the Mumbai Police failed to take a complaint into allegations by the former Mumbai Police commissioner. The CBI will now probe into the allegations of extortion and the involvement of the ministers and other heavyweight leaders of ruling parties. Taking moral responsibility, Deshmukh should resign. If he fails to do so, chief minister Uddhav Thackeray should sack him,” he said.

Fadnavis added that it was unfortunate that the chief minister was conspicuously silent days after the “very serious allegations” came to the light.

Maharashtra Congress’ general secretary and spokesperson Sachin Sawant said the verdict set an unfortunate precedent. “The intention of former Mumbai Police commissioner Param Bir Singh was malafide while levelling allegations against the home minister. This has been stated by Bombay high court too in its observation. The officer was duty-bound to take action against the alleged corruption when it was revealed to him by his subordinates, instead, he chose to remain silent. The orders of preliminary inquiry by the CBI is uncalled for as the state government has already constituted a panel to probe the entire case.”

The Nationalist Congress Party (NCP) said that they were open to an investigation into the allegations against Deshmukh and a probe by a retired high court judge was already underway. Deshmukh is an NCP leader.

“The NCP or Maharashtra Vikas Aghadi [the Maharashtra government] has never denied any investigation into the allegations. In fact, the state government has already instituted an inquiry by a retired high court judge, which was upheld by the Bombay high court. The court said since the inquiry is already being conducted, the CBI need not register an FIR and is free to conduct a preliminary inquiry. After completing the course of preliminary probe, the CBI can take appropriate action,” said NCP spokesperson Mahesh Tapase.

Over the issue of Deshmukh’s resignation, he said they are waiting for a copy of the court’s judgement. “The entire issue will now be discussed by the party high command and an appropriate decision will be taken,” Tapase said.

The Shiv Sena elected to not respond to the court order for the time being. “The government will study what the high court has said in its order,”said Sena spokesperson Sanjay Raut