The Bombay High Court took an action in furtherance of the allegations made by former Mumbai Police Commissioner, Parambir Singh, against Maharashtra Home Minister, Anil Deshmukh, and ordered for a preliminary enquiry to be conducted by the Central Bureau of Investigation (CBI).
The bench, comprising of the Chief Justice of Bombay HC, observed that the said allegations are of “serious nature” and puts the faith of citizens, in the functioning of the police department, at stake. The said order was passed while disposing of the PILs filed by a number of police officials, including Parambir Singh.
The bench also observed that it cannot be a “mere spectator” of such circumstances. If certain allegations have been raised, which bear the tendency to affect the police machinery of the state, they could not be left unattended, especially, when they indicate commission of a cognizable offence.
The bench also highlighted that the allegations have been raised against an individual who holds a higher position in the State machinery and thus faith of citizens in the overall administration system could not be taken for granted.
The opposition had raised maintainability issues against the PIL, however, the bench rejected the same. The bench also did not consider the plea which sought for police action against Parambir Singh for raising such allegations.
The bench stated that the serious nature of allegations and the issue of public faith are sufficient to pass an order of CBI enquiry against the Maharashtra Home Minister.
The bench clarified that public expectation is of utmost importance and in order to maintain such expectations and faith, it is important to conduct an enquiry through an independent agency which would ensure free, fair, honest and impartial enquiry.
The bench also held that in order to instil public confidence and uphold their fundamental rights, such an independent enquiry is important.
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