"The press release of Shri Deshmukh suggests that he is not averse to facing any inquiry. It is therefore, ordered accordingly."
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The Bombay High Court on Monday invoked Home Minister Anil Deshmukh's recent statement in which he had expressed his readiness to face any inquiry into the corruption allegations levelled against him by former Mumbai Police Commissioner Param Bir Singh.
"The press release of Shri Deshmukh suggests that he is not averse to facing any inquiry. It is therefore, ordered accordingly," a division bench comprising Chief Justice Dipankar Datta and Justice G. S. Kulkarni said, directing the Central Bureau of Investigation (CBI) to conduct a 'preliminary probe' into the matter within 15 days.
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Soon after the court verdict, Deshmukh announced that he had voluntarily decided to quit his post and submitted his resignation to Chief Minister Uddhav Thackeray.
In his terse resignation letter to the CM, Deshmukh said: "In the wake of the HC ruling, I feel it would be improper for me to continue in the post on ethical grounds. Hence I have decided to voluntarily keep away from the post. Kindly relieve me from this responsibility."
The high court bench added that the allegations made by Singh in his 'letter-bomb' of March 20, 2021 -- which prompted another petitioner to lodge a police complaint -- were of "a serious nature and against the highest functionary of the Government of Maharashtra, when it comes to the functioning of the Police Department".
"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," said Chief Justice Datta and Justice Kulkarni in their order.
Since it was an issue of the credibility of the state machinery, the court cannot remain a mere spectator and that such allegations could not remain unattended, especially when, prima facie, they pointed to a cognizable offence against high ranking public officials.
After the allegations surfaced in the public domain, there is a "legitimate public expectation of a free, fair, honest and impartial inquiry and investigation" into these, necessitating a probe by an independent agency to instil public confidence and safeguard the fundamental rights of the citizens.
In the present case, Deshmukh was the Home Minister, and the police department was under his directions and control.
"There can be no fair, impartial, unbiased and untainted probe if the same were entrusted to the state police force, the probe has to be entrusted to an independent agency like the CBI," the court ruled.
However, the court said that the CBI need not register a First Information Report immediately as the Maharashtra government has already set up a 'high-level committee' to probe the matter.
"The Government Resolution by the state government for a high-level committee leads us to believe that there is no interference required," said Chief Justice Datta.
After the probe is over, the CBI Director was at liberty to decide the future course of action and if it was not proceeding further, the agency would inform the parties concerned accordingly.
The court said its directions were issued for an effective probe so that "the truth is unearthed and the Devil, if any, shamed in accordance with the procedures established by law".
The court made it clear that its observations in the order were to address the rivals claims and "are without prejudice to the rights and contentions of the parties who might figure in the position of an accused in future".
The judges further said that the CBI preliminary probe and further action, if at all required, "would proceed uninfluenced by the fact that this Court has ordered such an action", while disposing off all the petitions.
Besides Singh's PIL, the court heard three other pleas filed by Ghanshyam Upadhyay seeking a court-monitored SIT, another by Mohan Bhide wanting a retired HC or SC judge to probe and a third by Jayshri Patil for a CBI or any other independent agency probe.
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