Maharashtra: BJP terms MVA probe committee an eyewash

Leader of opposition and former chief minister Devendra Fadnavis also questioned how the committee will probe a home minister in the absence of powers given under the Commission of Inquiry Act. The ruling parties termed it “BJP’s double standards”.

A day after the Maharashtra government constituted a one-member probe panel of retired judge KU Chandiwal to investigate the allegations levelled by former Mumbai Police commissioner Param Bir Singh against home minister Anil Deshmukh, the opposition, the Bharatiya Janata Party (BJP), slammed the state government, saying the panel is just an eyewash. The ruling parties termed it “BJP’s double standards”.

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Leader of opposition and former chief minister Devendra Fadnavis questioned how the committee will probe a home minister in the absence of powers given under the Commission of Inquiry Act. “The committee appointed under retired high court judge KU Chandiwal is just a committee without any powers of judicial commission. The committee has not been appointed under the Commission of Inquiry Act, nor has it been given any rights under the act. I do not see anything concrete to come from this probe,” he said. Fadnavis said the allegations are serious in nature and the probe is not likely to serve any purpose. He said a committee appointed by his government (to probe graft charges against former revenue minister Eknath Khadse), headed by retired judge Dinkar Zoting, had been given power under the act.

The Maharashtra government — comprising Shiv Sena, Nationalist Congress party (NCP) and Congress — on Tuesday issued a government resolution to announce the appointment of a single-member judicial panel to probe the allegations. In his letter to chief minister Uddhav Thackeray on March 20, Singh alleged that the home minister asked police officers from the crime branch to collect ₹100 crore a month from bars, restaurants and hookah parlours in Mumbai. The letter had led to a political slugfest between the BJP and state. BJP demanded the home minister’s resignation , while all the three ruling parties rallied behind the minister.

The panel under Kailas Uttamchand Chandiwal has been asked to submit its report in six months. The three-point terms of reference given to the committee include to look into whether Singh has submitted any proof in his letter dated March 20, to establish that Deshmukh or any officer from his office committed any offence/ misconduct as alleged; whether the allegations levelled by Singh, citing the messages from assistant commissioner of police Sanjay Patil, (suspended) assistant police inspector Sachin Vaze, have any truth; and whether they need to be investigated by the anti-corruption bureau (ACB) or any other investigating agency. The panel has also been asked to make any other recommendations it deems fit.

BJP’s chief spokesperson Keshv Upadhye said looking at the terms of reference, the report is expected to be in favour of the home minister. “How can ACB conduct a probe, as mentioned in the terms of reference, when it is controlled by the home minister. The panel cannot summon anyone for the statement as it does not have been given power under the act. Thus, the constitution of the committee is meaningless,” he said.

NCP slammed Fadnavis, saying his stance is an example of double standards. “The Zoting committee, too, was constituted under similar provisions to probe the allegations of the MIDC land scam. What was valid during their tenure is not valid now, according to Fadnavis. This is nothing but double standards,” said minority affairs minister and NCP spokesperson Nawab Malik said. Congress spokesperson Atul Londhe said, “Both, Zoting and Chandiwal committees, are under the similar provisions, but Fadnavis has been trying to mislead the people of Maharashtra by false claims. He should prove the Zoting committee was appointed under the Commission of Inquiry Act,” he said.

IPS officer-turned-advocate YP Singh said the committee is just an administrative arrangement and would not solve any purpose. “It is neither a judicial probe nor the committee been given power under the Commission of Inquiry Act. The committee has not power of summoning anybody or instruct any department for the submission of documents like CDRs,” he said. He said there was no need of the probe committee to decide if the allegations need to be probed by ACB, as they, per se, are related to corruption in the department.

The probe panel appointed under Commission of Inquiry Act gets the power of civil court. “The panel can summon any person to examine, ask for production of any document from any public record from any office as per the provision in section 5 of the Act,” said an official from the law and judiciary department. The Chandiwal committee is a high-level committee, which will probe whether the allegations levelled were true and there is any further need to investigate them by ACB or any other agency.