Bombay HC orders 15-day CBI preliminary probe on Param Bir's charges against Anil Deshmukh

The Bombay High Court has ordered a CBI inquiry into the charges against Maharashtra Home Minister Anil Deshmukh based on the petition filed by lawyer Jayshri Patil. The bench ordered the Director of CBI to conduct a preliminary inquiry in accordance with law and conclude it within 15 days. Once the preliminary inquiry is complete, the director CBI is at discretion to further course of action, the CJ said. 

While hearing on Param Bir Singh's plea regarding allegations of former Mumbai Police Commissioner Param Bir Singh, Bombay High Court says Anil Deshmukh is the Home Minister and no impartial probe can be done by the police.

Speaking to the media after the Bombay High Court passed its order in the allegations against Maharashtra Home Minister Anil Deshmukh, lawyer Dr Jaishri Patil said, "The court has asked the CBI director to conduct a preliminary inquiry within 15 days and to register an FIR if any cognizable offence is found."

Disposing of Param Birn Singh's plea, the Chief Justice has asked the former top cop to address his grievances regarding his transfer to the appropriate authority. The bench expressed its dilemma over passing an order for an investigation in the absence of an FIR. "An FIR is the first step into setting the criminal law in motion," CJ Datta observed.

The CJI has stated that it is an extraordinary case where the Petitioner - Parama Bir Singh - says has accused HM Anil Deshmukh in his PIL, and thinks the state police is biased. And this is the reason he didn’t file an FIR. The bench stated that since it is an extraordinary case, a PIL can be maintained.

A bench of the Bombay High Court consisting of CJ Dipankar Dutta and Justice Kulkarni has assembled to pronounce the order on former Mumbai CM Param Bir Singh's plea, which was reserved on Wednesday.

Meanwhile, in the face of crisis, the Maharashtra government on March 30 constituted a one-man high-level inquiry committee to probe ex-Mumbai Police Commissioner Param Bir Singh's 'extortion' charges against Home Minister Anil Deshmukh. The decision came on the lines of what the Congress - a key constituent of the Maha Vikas Aghadi had demanded. The panel comprising retired Bombay High Court judge Kailash Uttamchand Chandiwal will have to submit its report in 6 months' time. The details regarding his remuneration and other perks will be announced in a separate order. 

The mandate of the committee includes:

• Has Param Bir Singh given any proof in his letter to substantiate his charges against Home Minister Anil Deshmukh or any official working in his department?
• Do the charges based on the information procured from ACP Sanjay Patil and suspended Assistant Police Inspector Sachin Vaze indicate that Deshmukh or anyone from his department has committed offences so as to necessitate probe by any investigative agency?
• Any other recommendations pertaining to this.

Former Mumbai CP Param Bir Singh's petition alleges that Maharashtra Home Minister and NCP leader Anil Deshmukh had asked police officers, including suspended assistant police inspector Sachin Vaze who has been arrested in the case of bomb scare near industrialist Mukesh Ambani's residence, to collect Rs 100 crore each month from bars and restaurants. The public interest litigation also alleged corruption in police transfers and postings and political interference in probes.

A division bench of Chief Justice Dipankar Datta and Justice GS Kulkarni had on March 31 reserved its order on the issue of maintainability of the PIL (whether it should be taken up for final hearing or dismissed at the preliminary stage).

The Maharashtra government's lawyer argued that the petition was not maintainable as Singh had vested interests and the plea was a result of his transfer from the post of Mumbai police commissioner to the low-key Homes Guards. 

The bench will on April 5 pronounce its order.

The Bombay High Court will pronounce its verdict on April 5 over the plea filed by former Mumbai Police Commissioner Param Bir Singh seeking a CBI probe into the alleged malpractices of Maharashtra Home Minister Anil Deshmukh. The Court on March 31 reserved its order on Singh's petition. Param Bir Singh has also accused the Maharastra Home Minister of interfering in police investigations and had also sent a letter to Chief Minister Uddhav Thackeray apprising him of the alleged malpractices of Deshmukh.