Approach Police First : Bombay High Court To Petitioners Seeking FIR Against BJP MP Sujay Vikhe Patil For Alleged Remdesivir Procurement

"We find it pragmatic not to rush to any conclusions or become judgmental in view of the time-space in filing the first complaint and lodging of this writ petition", the court observed.

However, a divison bench of Justices Ravindra Ghuge and JBU Debadwar observed that nobody is above the law. After investigation, if it was noticed that Patil had violated the law, even he would not be allowed to extricate himself.

Four agriculturists, former politicians, had filed a plea in the Bombay High Court against Patil for the alleged unauthorised procurement and distribution of Remdesivir injections. Patil brought the vials to Shirdi in a chartered flight.

We were concerned with every vial of Remdesivir injection being utilised for saving lives. We have no hesitation in observing that any person, be he a man from the lowest strata of the society or a high office occupied by a public officer, would not be above law if it is noticed that he has violated the law.

If, after investigation, it is noticed that Dr Vikhe has violated the law, he would not be treated above the law, and the law would not permit him to extricate himself from the law.

The bench disposed of the petition and then permitted the petitioners to approach the police, and only if the investigation aggrieved them approach the court.

"We have permitted the petitioners to present the documents or affidavits filed before us or prepare a fresh complaint. The police station before whom such a complaint is filed will follow the procedure as enshrined in the CrPC and if the petitioners are aggrieved by the manner of investigation, they do have a right to take recourse to available legal remedy."

Sujay Vikhe Patil withdrew his intervention application through Senior Advocate Shirish Gupte after the bench observed that a suspect could not have a right to be heard in light of the Supreme Court's consistent view at this stage.

The bench noted that Dr Vikhe Patil purportedly uploaded the viral video on April 24. The petitioner complained to the District Superintendent of Police, District Collector and Rahuri Police on April 25, 6.05 pm and then filed a petition the very next day, in violation of the principles laid down in Lalita Kumari's judgement.

We are circumspect that the petitioners before us expect registration of FIR based on a complaint sent to the District Superintendent, District Collector and the Inspector if Rahuri police station, the bench observed.

The petitioners agree that a complaint has to be filed in a police station, and the SHO makes a noting in the again diary, and it is within the purview of the SHO to register an FIR keeping in view the law laid down by the apex court.

On the one hand, the bench noted, the petitioners alleged that the MP transported nearly 10,000 remdesivir vials through a chartered flight. On the other hand, reports submitted before the court indicate that there were only 1700 vials and the Civil surgeon had placed the order with the manufacturer for them.

The court observed that these allegations would have to be looked into by the police, including those of an alleged cover-up, and it would not be suitable for the court to be judgemental.

Allegations of the local administration to do a cover up operations so as to screen the concerned MP from the clutches of law will also have to be gone into by the Investigating agency

We find it pragmatic not to rush to any conclusions or become judgmental in view of the time-space in the filing of the first complaint and lodging of this writ petition.

Orders directing registration of an FIR are not required after the court is convinced that legal remedies available to the complainant is not exhausted.

On the petitioner prayers that the investigation should be given to any other IO, State CID or any other higher investigating agency, the bench said it can be done only after this court is convinced pursuant to an investigation that the IO is soft-peddling in the complaint and is a farc.

The investigating agency will have to investigate if 10000 vials or any other amount over and above the 1700 vials were procured by Dr Vikhe Patil or not.

Appearances

Counsel Pradnya Talekar for the petitioners, Chief PP DR Kale for the State and Senior Counsel Shirish Gupte for Dr Sujay Vikhe Patil

[ ARUN PUNJAJI KADU AND OTHERS vs THE STATE OF MAHARASHTRA AND OTHERS]

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