[Param Bir Singh VS Anil Deshmukh]"Don't View Yourself So High, Law is Above You":LIVE UPDATES From Bombay High Court
Nanakani says that the State considers this issue important as they set up a judicial inquiry last night.
#BombayHC #ParamBirsinghLetter #AnilDeshmukh #CBI
CJ - You are failing in your duty if you don’t file an FIR when you know an offence has been committed. Simply writing letters to the CM won’t do. We can pull you up for it. If any citizen finds an offence is being committed he is duty-bound to file an FIR.
#BombayHC #ParamBir
CJ Datta - You are a police officer. If you find an offence has been committed you are duty, you are duty-bound to file an FIR. Why did you not do it?
Nankani - This is a PIL, your power is so wide that a letter can be converted into a petition. Your lordships are therefore not helpless.
CJ Datta - It is therefore in those cases that the court would accept machinery being set in motion. But there has to be some information..information of an offence.
CJ Datta - This is the law that there can be no investigation without FIR. There can be cases where there is a riot and someone calls up the nearby police station. Do they wait for writing down FIR or will the police acting in terms of CrPC 149 prevent offence?
CJ Datta - The petitioner is no lay man, he knows the CrPC well. If he has no faith in the state, he can approach others. This petition in the absence of an FIR prima facie appears to be without substance.
AG - The entire allegation of the extortion racket is clearly hearsay. He is not ready to take responsibility. He is not saying, I am saying this and if it is false "hang me."