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Bombay High Court raps former Mumbai Police chief Param Bir Singh for his PIL

MUMBAI: Former Mumbai Police Commissioner Param Bir Singh whose public interest petition (PIL) seeking a CBI investigation against Maharashtra Home Minister Anil Deshmukh was heard in the Bombay High Court today, had to face the criticism of the judges who censured him for his prayer without first filing a First Information Report (FIR) as per laid norms. 

Hearing the matter a bench headed by Chief Justice (CJ) Dipankar Datta and Justice Girish Kulkarni the very first observation made by the CJ against Singh was, "Come to your prayer clause (a), where is your FIR? How can there be an investigation without an FIR?"

When Senior Advocate Vikram Nankani appearing for Singh made an argument that his client had written a detailed letter to the Chief Minister (CM) Uddhav Thackeray about Deshmukh and that it may be considered as a complaint, the CJ sternly said, "But why should we direct that. You being a senior officer, first file an FIR then ask for action."

When the lawyer persisted the CJ said, "Are you saying that you are above the law and the law is only applicable to the lay citizens?" 

"If any citizen finds an offence being committed, he is duty-bound to file an FIR. 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?” the CJ further asked.

On March 20, almost immediately after he was shunted out as the Mumbai Police chief, Singh, in an 8-page letter to CM Thackeray, Singh had alleged that Deshmukh had met subordinate police officers, including the now-suspended Assistant Police Inspector Sachin Waze and asked them to make collections of Rs 100 crore for hotels and bars in Mumbai. 

Deshmukh has however denied all the allegations.

Advocate General Ashutosh Kumbhakoni appearing for the State said that the plea was based on 'hearsay' and contended that Singh came to court without clean hands and heart. He said that the ex-police chief had not revealed his 'enmity' with the home minister and called Singh a 'disgruntled' litigant and said his PIL was 'motivated by a personal vendetta.'

In his petition, Singh has also accused Deshmukh of corruption in police transfers and postings, based on allegations by an IPS officer, Rashmi Shukla.

The court reserved orders in the plea on maintainability.

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