HC asks Param Bir Without an FIR the High Court cannot intervene or direct for an independent agency like the CBI to carry out an investigation, said the bench.
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 Minister. Singh recently claimed that Deshmukh asked police officer Sachin Waze to collect Rs 100 crore from bars and restaurants. A 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 the HC cannot intervene or direct for an independent agency like the CBI to carry out an investigation.
“You (Singh) are a senior police officer. You are not a layman. You were duty-bound 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 said. The HC was hearing a criminal PIL filed in the HC on March 25 by Singh, seeking a CBI probe against Deshmukh. The bench further noted that Singh cannot convert the HC into a magistrate court.
“The 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 said.