The Bombay High Court on Wednesday (March 31) asked former Mumbai Police commissioner Param Bir Singh as to why an FIR was not registered against Maharashtra Home Minister Anil Deshmukh, who has been accused by Singh of corruption. 

Chief Justice CJ Dutta took Singh to task during the hearing for not filing an FIR. “You are a police commissioner, why should the law be set aside for you? Are police officers, ministers and politicians all above the law? Don’t view yourself so high, the law is above you,” CJ Dutta said.

In his defence, Param Bir Singh said, “These are hard facts coming from the person who occupied the highest post in the police force in the city and from someone who has served for more than 30 years.”

The court responded saying: “There has to be an FIR to investigate. Who stops you from filing an FIR? Prima facie observation is there can be no investigation without an FIR. You are asking for directions for investigation to be handed over to the CBI. Where is the FIR and investigation so that it can be handed over to CBI?”

The High Court said it has no jurisdiction in the matter unless there is an FIR.

Param Bir Singh argued before the court that “even a simple letter to my lords” can become a PIL (Public Interest Litigation), the judge responded: “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? You are failing in your duty if you don’t file an FIR when you know an offence has been committed. Simply writing letters to the Chief Minister won’t do. We can pull you up for it. If any citizen finds an offence is being committed he is duty-bound to file an FIR.”

The court also asked Param Bir Singh “if there is an affidavit from the officers saying that the home minister has said this to you?” In response, Singh said he had discussed the matter with Chief Minister Uddhav Thackeray, Deputy Chief Minister Ajit Pawar and Nationalist Congress Party (NCP) chief Sharad Pawar. “I have mentioned the perpetuators of the crime. My pleas have not been paid heed to.  I have no other place to go,” he said.

The court has not passed an order in the case yet

The Bombay High Court on Wednesday (March 31) asked former Mumbai Police commissioner Param Bir Singh as to why an FIR was not registered against Maharashtra Home Minister Anil Deshmukh, who has been accused by Singh of corruption. 

Chief Justice CJ Dutta took Singh to task during the hearing for not filing an FIR. “You are a police commissioner, why should the law be set aside for you? Are police officers, ministers and politicians all above the law? Don’t view yourself so high, the law is above you,” CJ Dutta said.

In his defence, Param Bir Singh said, “These are hard facts coming from the person who occupied the highest post in the police force in the city and from someone who has served for more than 30 years.”

The court responded saying: “There has to be an FIR to investigate. Who stops you from filing an FIR? Prima facie observation is there can be no investigation without an FIR. You are asking for directions for investigation to be handed over to the CBI. Where is the FIR and investigation so that it can be handed over to CBI?”

The High Court said it has no jurisdiction in the matter unless there is an FIR.

Param Bir Singh argued before the court that “even a simple letter to my lords” can become a PIL (Public Interest Litigation), the judge responded: “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? You are failing in your duty if you don’t file an FIR when you know an offence has been committed. Simply writing letters to the Chief Minister won’t do. We can pull you up for it. If any citizen finds an offence is being committed he is duty-bound to file an FIR.”

The court also asked Param Bir Singh “if there is an affidavit from the officers saying that the home minister has said this to you?” In response, Singh said he had discussed the matter with Chief Minister Uddhav Thackeray, Deputy Chief Minister Ajit Pawar and Nationalist Congress Party (NCP) chief Sharad Pawar. “I have mentioned the perpetuators of the crime. My pleas have not been paid heed to.  I have no other place to go,” he said.

The court has not passed an order in the case yet