Plea In Bombay High Court Seeks FIR And Court-Monitored Probe Against Maharashtra Chief Minister, Home Minister And Param Bir Singh On Corruption Allegations

In a letter to the CM, Singh accused Deshmukh of running an extortion racket on March 20, after he was ousted from the CP's office and asked to take charge as Director General Home Guard. The petition seeks the investigation against them u/s 166 (Public servant disobeying the law, with intent to cause injury to any person) of the IPC.

The plea filed by Pune based RTI activist Hemant Patil further seeks a probe against Mumbai Police officer Sachin Waze, through whom the extortion racket was allegedly run. The officer was recently arrested by the National Investigating Agency (NIA) for his role in placing explosives near Mukesh Ambani's residence on February 25.

The petition states that a CBI inquiry is imperative.

"Each act of respondent no. 6 (Anil Deshmukh) in abuse of the official position of the Hon'ble Home Minister, whether in calling and directly instructing the police officers of the lower rank such as Shi Waze or Shri Patil for his malicious intent of extorting money from establishments across Mumbai and from other sources, or whether in interfering in the investigations and directing the same to be conducted in a particular manner, or whether indulging in corrupt malpractices in postings/transfers of officers cannot be countenanced or justified in any democratic state.

A fair CBI investigation is thus warranted in each of such acts of Respondent no. 6 in abuse of the official position of the Home Minister."

Background

Patil states that extortion is a crime against the public and the CM and others at the helm are in charge of law and order in the state of Maharashtra. In the petition, he claims that the respondents have wrongly feigned ignorance.

"It is revealed to the petitioner by the letter submitted by respondent no. 5 (Parambir Singh) to respondent no. 7 (CM) stating that respondent no. 6 (Anil Deshmukh) has allowed respondent no. 4 (Sachin Waze) to extort huge amounts from businessmen of Mumbai city and at about Rs 100 crores to be paid to him."

The petition claims according to Parambir's letter Deshmukh would call Waze to his official residence several times and instruct Waze to assist in the collection of funds.

"The Hon'ble Home Minister expressed to Shri Vaze that he had a target to accumulate Rs. 100 crores a month. For achieving the aforesaid target, the Hon'ble Home Minister told Shri Vaze that there are about 1,750 bars, restaurants and other establishments in Mumbai and if a sum of Rs. 2-3 lakhs each was collected from each of them, a monthly collection of Rs. 40-50 crores was achievable. The Hon'ble Home Minister added that the rest of the collection could be made from other sources."

Patil claims that the CM's response to the letter, saying it did not come from Parambir's official ID was "shocking."

The petition states that it is just and necessary for an independent agency to inquire into the matter otherwise there will be a message in the public that to protect the state and rights of public ministers, police are not useful and they have to protect by themselves only and there will be an end of democracy and present system under the constitution of India and it will be collapsed.

Patil says that he approached the Director General of Police and the Commissioner's office for an inquiry against the respondents, however, he was asked to move the court.

Prayer

This Hon'ble Court be pleased to issue a writ of centiorari… direction to the respondents 1 to 3 or to an independent agency under the supervision of this Hon'ble Court, under article 226 of the Constitution of India for registration of FIR u/s 384, 385, 386, 387, 388, 389 of IPC against respondent no. 4 (Waze) and his associates and u/s 166 r/w 34 of IPC against respondent no. 5 to 7 on the representation of petitioner, and also for inquiry and investigation calling for the entire records on the complaint filed by the petitioner addressed to respondent no. 2 & 3 against respondent no. 4 to 7 and to file a detailed report within a specific period.