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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Dipankar Datta, G.S. Kulkarni, JJ.
Param Bir Singh - Appellant
Versus
State Of Maharashtra & Ors. - Respondents
Public Interest Litigation No. 6 of 2021; Interim Application (St) No. 6356 of 2021; Writ Petition No. 1541 of 2021; Public Interest Litigation St No. 6072 of 2021, 6166 of 2021
Decided On : 05-04-2021
The Bombay High Court directed the Central Bureau of Investigation (CBI) to conduct a preliminary inquiry into a complaint alleging corruption and misconduct against the Home Minister of Maharashtra, Anil Deshmukh. The complaint was filed by Dr. Jayashree Patil, a lawyer and social activist, based on a letter written by Param Bir Singh, the former Commissioner of Police of Mumbai, to the Chief Minister of Maharashtra. The letter alleged that Deshmukh had directed the police to collect Rs. 100 crore per month from bars, restaurants, and other establishments in Mumbai. The court held that the allegations were serious and affected the administration at large, and that an independent probe was necessary to instill public confidence and safeguard the Fundamental Rights of the citizens.
Fact of the Case:
Dr. Jayashree Patil, a lawyer and social activist, filed a complaint with the Malabar Hill Police Station in Mumbai, alleging corruption and misconduct against the Home Minister of Maharashtra, Anil Deshmukh. The complaint was based on a letter written by Param Bir Singh, the former Commissioner of Police of Mumbai, to the Chief Minister of Maharashtra. The letter alleged that Deshmukh had directed the police to collect Rs. 100 crore per month from bars, restaurants, and other establishments in Mumbai. The police did not take any action on the complaint, prompting Dr. Patil to file a writ petition in the Bombay High Court.
Finding of the Court:
The Bombay High Court held that the allegations against Deshmukh were serious and affected the administration at large. The court also held that an independent probe was necessary to instill public confidence and safeguard the Fundamental Rights of the citizens. The court directed the CBI to conduct a preliminary inquiry into the complaint within 15 days.
Issues: 1. Whether the allegations against Deshmukh were serious enough to warrant an independent probe. 2. Whether the police were justified in not taking action on Dr. Patil's complaint. 3. Whether the CBI should be directed to conduct a preliminary inquiry into the complaint.
Ratio Decidendi: The Bombay High Court held that the allegations against Deshmukh were serious and affected the administration at large. The court also held that an independent probe was necessary to instill public confidence and safeguard the Fundamental Rights of the citizens. The court relied on the following principles in reaching its decision: * The allegations against Deshmukh were of a serious nature and involved high-ranking public officials. * The allegations had a direct effect on the citizens' confidence in the police machinery in the State. * There was a legitimate public expectation of a free, fair, honest, and impartial inquiry and investigation into the allegations. * The necessity to have a probe into such allegations by an independent agency would also certainly be a requirement of the rule of law.
Final Decision: The Bombay High Court directed the CBI to conduct a preliminary inquiry into the complaint within 15 days. The court also made it clear that the observations made in the order were for the purpose of addressing the rival claims as raised in the proceedings and were without prejudice to the rights and contentions of the parties who might figure in the position of an accused in future.
JUDGMENT
1. It is said that none can see time, but many a time, time makes us see many things hitherto before unseen. So true. The proceedings of which we are seized lays bare incidents, allegations and approaches of a kind which, at least, the two of us have not experienced before. It is time that has made us realize that the realities of life would have to be examined to give shape to law, for, law would cease to serve its purpose if justice cannot be administered. With such realization in mind, we now proceed to complete the task at hand.
2. This batch of 3 (three) Public Interest Litigation (hereafter "PIL") and 1 (one) Criminal Writ Petition (hereafter "CrWP"), instituted under Article 226 of the Constitution, have a common origin. It may not be inapt to note the facts and circumstances preceding institution of these petitions, before we proceed to consider the individual grievances, the diverse prayers that the petitioners have made and the arguments advanced on behalf of the parties. Incidentally, the petitioners before us belong to the intellectual strata of society. An accredited police officer, an advocate and a self-proclaimed criminologist, an advocate, and a chartered accountant-cum-teacher are the petitioners whereas the applicant seeking intervention claims to be a social worker.
3. On February 25, 2021, a First Information Report bearing no.35 of 2021 was registered with the Gamdevi Police Station, Mumbai, upon a vehicle parked at Altamount Road near Antilia, the residence of industrialist Shri Mukesh Ambani, laden with explosives was detected. Since the explosive substances were suspected to be used for committing an offence, investigation commenced at the instance of the Anti-Terrorist Squad. In due course of time, the National Investigation Agency (hereafter "the NIA") started conducting simultaneous investigation. Soon thereafter, the owner of the vehicle died under mysterious circumstances. During the course of its investigation, the NIA arrested Shri Sachin Vaze (hereafter "Shri Vaze"), a police officer attached to the Crime Branch, Mumbai. Upon such arrest, the role of Shri Vaze came under the scanner and certain incriminating materials were seized. On March 17, 2021, the incumbent Commissioner of Police, Mumbai Police, Shri Param Bir Singh (hereafter "Shri Param Bir") was transferred and posted as the Commandant General of Home Guards and Civil Defence, Maharashtra State. Simultaneously, Shri Hemant Nagrale took over as the Commissioner of Police, Mumbai Police. On March 20, 2021, Shri Param Bir by a letter complained to the Hon'ble Chief Minister, Government of Maharashtra. Exception was taken by Shri Param Bir to untruthful statements made against him by the Home Minister, Shri Anil Deshmukh (hereafter "Shri Deshmukh"). Relevant paragraphs from such complaint are quoted hereunder for comprehending the seriousness of the allegations levelled by Shri Param Bir against Shri Deshmukh:
"5. Shri Anil Deshmukh, Hon'ble Home Minister, Maharashtra has stated in an interview conducted under the aegis of 'Lokmat' and extensively reported on 18th March 2021 that: (a) there were serious lapses committed at my office, by the Mumbai Police and me in the investigation of the Antilia incident; (b) my serious lapses are not pardonable; and, (c) my transfer is not on administrative grounds.
6. At one of the briefing sessions in the wake of the Antilia incident held in mid-March 2021 when I was called late evening at Varsha to brief you, I had pointed out several misdeeds and malpractices being indulged into by the Hon'ble Home Minister. I have similarly briefed the Hon'ble Deputy Chief Minister, Maharashtra, the President of the Nationalist Congress Party, Shri Sharad Pawar and other senior Ministers also about the misdeeds and malpractices. On my briefings, I noticed that some of the Ministers were already aware about some as
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