A court division bank was listening to a statement submitted by Singh for a CBI investigate the corruption allegations against Deshmukh.
Singh had alleged that Deshmukh had given high-ranking police officers a goal of amassing Rs 100 million in bribes each month from bars and restaurants.
The court said it cannot intervene in the matter or call an independent investigation in the absence of an FIR.
“You (Singh) are a high-ranking police officer. You are not a layman. You had an obligation to file a complaint against any wrongdoing. Despite knowing that your boss is committing an offense, you (Singh) remained silent.” . Said Chief Justice Dipankar Datta.
The court further noted that Singh cannot make the HC into a magistrate court.
The court said Singh’s first course of action would be to file an FIR against Deshmukh.
“The proper and appropriate course of action would be for you (Singh) to first file a complaint with the police. If the police do not file an FIR, then you have the option of filing an application with the magistrate,” the court said.
Singh’s lawyer, Vikram Nankani, said his client wanted to avoid this “chakravyuh” (labyrinth).
The HC, however, pointed out that this was the procedure established by law.
“Are you saying that you are above the law?” asked the court.
Nankani argued that he had no choice but to approach the HC, since the complaint and the accusations were against the “same head of the state administration.
The court further asked Nankani whether the Interior Minister in Singh’s presence had made any statements, as Singh alleges in the petition against Deshmukh that he had asked the police officers to extort money.
“Were any of these statements made by the interior minister in Singh’s presence? Otherwise, this is just a rumor,” the court said.
In his accusations against Deshmukh, Singh had mentioned that the suspended police officer Sachin Waze informed him of the 100 million rupee target.
The HC said there is also no affidavit submitted by any of the police officers who were allegedly called by Deshmukh to his residence, supporting the accusations made by him.
“Our prima facie opinion is that without an FIR, this court cannot order an investigation. Their prayer for direction for the IWC to investigate appears to be harsh in the absence of an FIR,” said Chief Justice Datta.
Singh in his petition claimed that Deshmukh had asked police officers, including suspended Deputy Police Inspector Sachin Waze, to collect Rs 100 million a month from bars and restaurants.
Waze was arrested earlier this month by the National Investigative Agency (NIA) in the case of a bomb scare near the residence of industrialist Mukesh Ambani in Mumbai.
Singh was transferred from the post of Mumbai Police Commissioner to the Department of Home Guards in M
(With PTI inputs)
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