Can't be a mute spectator: Bombay High Court on Param Bir Singh's plea

As the Bombay High Court instituted a probe by the CBI into Mumbai Police ex-chief Param Bir Singh’s allegations against Anil Deshmukh, it reasoned that it cannot remain a mute spectator on allegations against high-ranking officials, and given the circumstances, the Maharashtra Police could not have carried out a fair probe.

“…The police department is under his (Deshmukh’s) control and direction. There can be no fair, impartial, unbiased and untainted probe if the same were entrusted to the State police force. As of necessity, the probe has to be entrusted to an independent agency like the CBI,” observed the division bench of the Bombay High Court comprising Chief Justice Dipankar Datta and Justice Girish Kulkarni.

“Also, the press release of Deshmukh (in the aftermath of Singh's letter) suggests that he is not averse to facing any inquiry. It is, therefore, ordered accordingly,” it said.

Also read — Anil Deshmukh's eventful journey in Maharashtra politics hits a roadblock

In its detailed reasoning, the court said: “Prima facie, the issues are such that the very faith of citizens in the functioning of the police department is at stake. If there is any amount of truth in such allegations, certainly it has a direct effect on the citizens’ confidence in the police machinery in the State. Such allegations, therefore, cannot remain unattended and are required to be looked into in the manner known to law when, prima facie, they indicate the commission of a cognizable offence.”

In the order, Chief Justice Datta and Justice Kulkarni -- who heard a bunch of public interest litigations and criminal writ petitions last week -- have pointed out: “It is, hence, certainly an issue of credibility of the State machinery, which would stare at the face when confronted with the expectations of the law and when such complaints are received against high ranking public officials. This Court cannot be a mere spectator in these circumstances.”

"There is certainly a legitimate public expectation of a free, fair, honest and impartial inquiry and investigation into such allegations which have surfaced in the public domain."

“The necessity to have a probe into such allegations by an independent agency, would also certainly be a requirement of the rule of law. To instil public confidence and safeguard the Fundamental Rights of the citizens, it is necessary that an inquiry and investigation are conducted by an independent agency and for such reasons, we consider it to be in the paramount public interest that an independent probe in the present, circumstances would meet the ends of justice,” the 52-page judgement reads.