Why you didn't approach police against Deshmukh?: High Court asks Param Bir Singh
Mumbai: The Bombay High Court on Wednesday asked former Mumbai police chief Param Bir Singh why he did not lodge a police complaint against Maharashtra Home Minister Anil Deshmukh if he was aware of an alleged wrongdoing being committed by the minister.
Singh recently claimed Deshmukh asked police officer Sachin Waze to collect Rs 100 crore from bars and restaurants.
The minister has denied any wrongdoing.
A division bench of Chief Justice Dipankar Datta and Justice G S Kulkarni asked Singh why he did not lodge a complaint with the police first, and said without an FIR the HC cannot intervene or direct for an independent agency like the CBI to carry out an investigation.
"You (Singh) are a senior police officer. You are not a layman. You were duty-bound to register a complaint against any wrongdoing. Despite knowing that an offence is being committed by your boss, you (Singh) remained silent," Chief Justice Datta said.
The HC was hearing a criminal public interest litigation (PIL) filed in the HC on March 25 by Singh, seeking a CBI probe against Deshmukh.
The bench further noted that Singh cannot convert the HC into a magistrate court.
"The proper and appropriate course of action would be for you (Singh) to first lodge a complaint with police. If the police do not lodge an FIR, then you have the option of filing an application before the magistrate," the court said.
Singh's counsel Vikram Nankani said his client wanted to avoid this "chakravyuh" (labyrinth).
The HC, however, noted this was the procedure laid down in law.
"Are you saying that you are above the law?" Chief Justice Datta asked.
Nankani argued that he did not have any other option than to approach the HC, as the complaint and allegations were against the "very head of the state administration".
The court further asked Nankani if any statement, as alleged by Singh in the petition against Deshmukh that he had asked police officers to extort money, was made by the Home minister in Singh's presence.
"Was any of these statements made by the Home Minister in Singh's presence? Otherwise this is nothing but hearsay," the court said.
The HC further said there is also no affidavit submitted by any of the police officers who were allegedly called by Deshmukh to his residence, supporting the allegations levelled by Singh.
The bench said without an FIR it cannot pass an order directing an independent agency to investigate the matter.
"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," Chief Justice Datta said.
The court further asked if a PIL is maintainable when the issue pertains to a service matter.
Advocate General Ashutosh Kumbhakoni, appearing for the Maharashtra government, sought dismissal of the petition with an exemplary cost and claimed the plea was filed with personal vendetta.
"The PIL is not filed in public interest, but is riddled with personal grievances and interests. The petitioner has come to this court with dirty hands and dirty mind," Kumbhakoni said.
Singh in his petition claimed Deshmukh had asked police officers, including suspended assistant police inspector Sachin Waze, to collect Rs 100 crore each month from bars and restaurants.
Waze was arrested earlier this month by the National Investigation Agency (NIA) in the case of bomb scare near industrialist Mukesh Ambani's residence in Mumbai.
The PIL filed by Singh also raised the issue of alleged corruption in police transfers and postings in the state.
Singh was shifted from the post of Mumbai's Commissioner of Police to the Home Guards department on March 17.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
