[Param Bir Singh VS Anil Deshmukh]"Don't View Yourself So High, Law is Above You":LIVE UPDATES From Bombay High Court

CJ Datta asks for judgements. 

Advocate Subhash Jha appearing for the petitioner in another PIL says he wants to cite judgements. 

CJ- Please

Jha- My petition seeks investigation not only against the Home Minister but also against [Singh]

#BombayHc #ParamBirSingh

Nankani- This itself creates a cloud of suspision, that only lip service is being done. 

CJ Datta- We are only on prayer 'a'. (if the PIL is maintainable in the absence of an FIR)

Nanakani says the government has already acted on the complaint. 

CJ asks the AG

AG- It is not a committee, Commission of Enquiry Act, 1952

Adv Nankani- Kindly see the facts of this case. The court can direct investigation in the absence of the FIR.

Once that door is open to me, what I have to demonstrate is, this is the only door open to me. 

Hearing resumes. 

CJ Datta- We are not saying for a moment the investigation should remain with the state police. 

Matter to be heard after lunch. 

CJ Datta- You are a police commissioner, why should the law be set aside for you? Are police officers, ministers and politicians all above the law? Don't view yourself so high, the law is above you.

Nankani- the law has evolved. 

CJ Datta- It is only in very very rare cases the court can order an FIR. Please don't convert the HC into a magistrates court to order an FIR u/s 156(3). Approach the magistrate. 

SJ Datta- Where is the FIR which should be entrusted to the CBI for investigation. 

CJ Datta gives the example between a constable and a police officer, where the constable would be duty-bound to report his boss in case of wrongdoing.  

Nanakani- This a problem faced by the force at large.