'Faith of citizens in police department at stake': Bombay HC on Param Bir vs Anil Deshmukh matter

MUMBAI/NEW DELHI: Stressing the fact that the very faith of citizens in the functioning of the police department is at stake, the Bombay High Court on Monday ordered that the serious nature of allegations made by former Mumbai Police commissioner Param Bir Singh against Maharashtra Home Minister Anil Deshmukh, who resigned on Monday, warrants a preliminary enquiry by the CBI.

“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,” a bench comprising Chief Justice Dipankar Dutta and Justice GS Kulkarni said while disposing of PILs.

“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,” the bench observed in its 52-page judgment.

Terming the allegations surrounding it a serious but strange, the bench said: “It is said that none can see time, but many a time it makes us see many things hitherto before unseen. So true. The proceedings of which we are seized lays bare incidents, allegations and approaches of a kind which, at least, the two of us have not experienced before. It is time that has made us realise that the realities of life would have to be examined to give shape to law, for, the law would cease to serve its purpose if justice cannot be administered. With such realisation in mind, we now proceed to complete the task at hand.”

High Court cites the Constitution

The court while citing the constitution said: “Rule of law, in terms of the Constitution, pervades over the entire field of administration and every organ of the State is regulated by it. What the Constitution envisages is a rule of law and not the rule of goons having political support.”