Bombay HC dismisses Param Bir's plea to quash probes, asks to approach appropriate forum

On Thursday, the Bombay High Court asked former Mumbai Commissioner of Police Param Bir Singh to approach the appropriate forum, dismissing his petition filed before the court challenging two enquiries initiated against him by the Maharashtra Government. 

A division bench of Justice SS Shinde and Justice NJ Jamadar dismissed Param Bir’s petition saying it was not maintainable. Also, Param Bir can approach the appropriate forums. Param Bir Singh had challenged two enquiry orders issued by the State Home Ministry for allegedly violating service rules and allegations of corruption.

The order copy has been accessed by Republic Media Network, for one of the petitions filed by Param Bir Singh over allegations of corruption levelled by Anup Dange, the then-Inspector of Police, Gamdevi Police Station.

Param Bir Singh has instituted the petition under Article 226 of the Constitution of India for a two-fold relief. One, direct CBI to also inquire/investigate into the criminal conspiracy and malicious attempts to thwart the preliminary inquiry directed by the HC and the resultant investigations in FIR dated 21 April, 2021, registered against the then Home Minister, Government of Maharashtra and unknown others. Two, to quash and set aside orders dated 1 April, 2021 and 20 April, 2021 issued by State, the Director-General of Police, Maharashtra to conduct a preliminary inquiry against Param Bir Singh and submit a report.

On 20 April, 2021, the now-DGP was directed to conduct a preliminary inquiry into all the issues raised by Anup Sambhaji Dange, the then-Inspector of Police, Gamdevi Police Station, in the complaint dated 2 February, 2021, wherein allegations were made against Param Bir Singh. 

In the said complaint and petition filed by Param Bir, the HC observed that the ex-Mumbai CP's plea that the petition against him by Dange were made to 'give a counter-blast to the outcome of petitions instituted by Param Bir. The court observed that Param Bir's petition prima facie does not hold ground in respect of the action initiated against Param Bir Singh on the basis of the complaint of Anup Dange, which came on 2 February, 2021, much before the Antilia case and resulting fallout.

Therefore, Bombay HC dismissed the petitions saying that the dismissal of the writ petition will not stand in the way of the petitioner (Param Bir) in approaching the appropriate forum, in accordance with the law, if so advised.

The court in their order, further mentioned that, “In the event, the petitioner approaches the appropriate forum and the issue of limitation arises for consideration, then the period spent by the petitioner in prosecuting this petition may be excluded from the computation. By way of abundant caution, we deem it necessary to clarify that the consideration is confined to the tenability of the petition and in the event, the petitioner approaches the appropriate forum, the proceedings shall be decided by such forum in accordance with law uninfluenced by any of the observations made hereinabove. In view of the dismissal of the petition, the Interim Application also stands disposed of."

Image: PTI/REPRESENTATIVE IMAGE