Where is the FIR, is the law above you: Bombay HC to Param Bir Singh
Mumbai, Mar 31: The Bombay High Court today posed some tough questions to former Mumbai Police commissioner, Parambir Singh, who in his petition sought a probe against Maharashtra Home Minister, Anil Deshmukh. The HC after a lengthy hearing reserved orders on the matter.
Singh was asked why an FIR was not filed on his allegations against Deshmukh. "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," Chief Justice of the Bombay High Court, C J Dutta asked.
These are hard facts coming from the person who occupied the highest post in the police force in the city and someone who served for more than 30 years, Singh told the HC. To this the court replied that there has to be an FIR to investigate. Who stops you from filing an FIR. The prima facie observation is that there can be no investigation without an FIR, the court said.
Singh said that a simple letter to the court can become a PIL. To this the court said, " you are a police officer. If you find an offence has been committed, you are duty bound two file an FIR. Why didn't you do it. You are failing in your duty if you do not file an FIR. Simply writing letters to the Chief Minister will not do. Can you show us from the complaint first hand that the Home Minister said this in your presence to which Singh said that he had discussed this matter with the CM, NCP chief, Sharad Pawar and Deputy CM, Ajit Pawar.