On Wednesday while hearing the petition filed by Former Mumbai Police Commissioner Param Bir Singh, the Bombay High Court questioned and slammed him for asking an investigation without lodging an FIR.
Singh had alleged that Anil Deshmukh had ordered Police Officer Sachin Vaze to collect Rs 100 Crore for him every month from bars and restaurants.
However due to the absence of an FIR, the Court cannot indulge into the matter or call for independent probe and inquiry.
Chief Justice Dipankar Datta said "You (Param Bir Singh) are a Senior Police officer. You are not a layman. You were duty-bound to register a complaint against any wrong doing. Despite knowing that an offence is being committed by a boss, you remained silent."
The Court then laid out that the first thing Singh should do is to file an FIR against Anil Deshmukh.
"The proper and appropriate course of action would be for you to first lodge a complaint with police. If the police do not lodge an FIR, then you have an option of filing an application before the magistrate" the court observed.
Singh's Counsel Vikram Nankani then said that the reason an FIR was not lodged by his client was due to the fact that he wanted to avoid this "Chakryavyub"(labyrinth).
To this the Court slammed him again and noted that this is the standard procedure laid down in the law. "Are you saying that you are above the law?"
Chief Justice Datta later added that "Our Prima Facie opinion is that without an FIR, this court cannot order investigation. Your prayer seeking a direction to the CBI to investigate appears to be harsh in the absence of an FIR."
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