The Bombay High Court on Wednesday asked former Mumbai police commissioner Param Bir Singh how an investigation can be initiated against Maharashtra Home Minister Anil Deshmukh without an FIR.
A division bench led by Chief Justice Dipankar Datta made the observation while hearing Param Bir's plea seeking direction for an "impartial and fair" probe by Central Bureau of Investigation into alleged corrupt malpractices of Deshmukh.
Senior counsel Vikram Nankani, appearing for Param Bir, said that his client's complaint need to be looked into as it “involves high personalities and comes from a senior IPS officer”.
“In our submission, I do not want to say that this is a case of a whistleblower. These are hard facts that coming from a person who occupied the highest position in the city that this is something that should be looked into and then an independent agency can be appointed,” he said.
To this, the high court asked Param Bir's lawyer to give an example where there is no FIR and the investigation was transferred to CBI.
"Where is your FIR? How can there be an investigation without an FIR? We are just expressing our mind, our prima facie observation is without an FIR, no investigation can be conducted. And can such a prayer be maintainable in PIL... Show us a judgement where there is no FIR and the investigation was transferred to CBI...The first step in the wheel of justice is investigation. If there is no FIR there is no investigation," the bench observed.
The court also pulled up the former Mumbai police chief and said, "You as a commissioner would be failing in your duty if you have not taken any action despite knowing that an offence was being committed."