National News Legal
Why no FIR, are you above law? High Court asks Param Bir Singh on Anil Deshmukh row
L to R: Anil Deshmukh, Param Bir Singh
Former Mumbai Police Chief Param Bir Singh faced tough questions today as his petition seeking a CBI investigation against Maharashtra Home Minister Anil Deshmukh was heard by Bombay High Court. He was repeatedly asked why no FIR had been filed on his allegations against the minister.
“You are a police commissioner, why should the law be set aside for youAre police officers, ministers and politicians all above the law? Don’t view yourself so high, the law is above you,” Bombay High Court Chief Justice CJ Dutta said in stern remarks during argument.
Singh, who was recently replaced as Mumbai Police chief and transferred as Home Guard, in a letter to Maharashtra Chief Minister Uddhav Thackeray, has alleged that Deshmukh had asked arrested police officer Sachin Vaze to collect ₹100 crore monthly from bars and restaurants. Singh had filed a petition on the basis on the above claim.
“These are hard facts coming from the person who occupied the highest post in the police force in the city and from someone who has served for more than 30 years,” Singh told the High Court.
“There has to be an FIR to investigate. Who stops you from filing an FIR? Prima facie observation is there can be no investigation without an FIR,” the court responded.
“You are asking for directions for investigation to be handed over to the CBI. Where is the FIR and investigation so that it can be handed over to CBI?”
The petition ?prima facie? has no basis, said the court, adding, “Without an FIR where is the scope for us to exercise our jurisdiction?”
When Singh argued that ?even a simple letter to my lords could become a PIL (Public Interest Litigation), the court replied, “You are a police officer. If you find an offence has been committed you are duty bound to file an FIR. Why did you not do it? 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 Chief Minister 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.”
The FIR, said the High Court, was the ?fundamental thing? and without one, there could be no investigation.
Representational image
The Karnataka High Court on Tuesday upheld hijab ban by dismissing petitions filed by a section of Muslim students from the Government Pre-University Girls College in Udupi seeking permission to wear hijab inside classrooms.
The court upheld the state government ban by saying, The prescription of school uniforms is a reasonable restriction.
The court further said hijab was not an essential religious practice in Islam. However, the petitioners are likely to challenge the ban in the Supreme Court.
“Met my clients in Hijab matter in Udupi. Moving to SC soon In sha Allah. These girls will In sha Allah continue their education while exercising their rights to wear Hijab. These girls have not lost hope in Courts and Constitution,” lawyer Anas Tanwir wrote in a tweet.
The court was answering three key questions on the controversy namely:
1. Whether wearing hijab is an essential religious practice in Islamic faith protected under Article 25?
2. Whether prescription of school uniform is violative of rights
3. Whether government order on February 5 was issued without application of mind and manifestly arbitrary?
A three judge bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi delivered their verdict on the ongoing hijab controversy at 10.30 am today.
Ahead of the hijab row verdict, Section 144 was imposed in Bangalore and educational institutions remained closed.
Rajiv Gandhi
The Supreme Court, on Wednesday afternoon, granted bail to AG Perarivala, one of the seven convicts in former Prime Minister Rajiv Gandhi assassination case.
However, the remission of his life imprisonment is pending before the President of India. AG Perarivala was serving life sentence and was jailed for almost 32 years.
Granting him bail, the court, in its order, said: Since Perarivalan has already undergone sentence for more than 30 years, we are of the considered view that he is entitled to bail in spite of the vehement opposition by the Additional Solicitor General Additional KM Nataraj.
The Supreme Court of India, on Thursday, October 21, resumed hearing of cases and pleas in the physical mode for the first time since March 2020, when the COVID-19 pandemic broke out in India.
The Supreme Court has recently issued new SoPs for hybrid hearings as per which all cases on Wednesdays and Thursdays to be heard only in the physical presence of the counsels/parties in courtrooms.
Along with this, SC also decided to allow media persons inside the courtroom during the physical hearings. However, journalists would have to strictly adhere to COVID-19 related norms and protocols.
?With the physical hearing in the Supreme Court of India commencing tomorrow (Thursday, 21 October 2021), it has been decided to allow the media persons, subject to usual COVID restrictions, into the courtrooms for covering the proceedings,” said the top court in a press note.
Supreme Court heard cases through video conference since March last year due to the pandemic and several bar bodies and lawyers demanded that the physical hearings should be resumed immediately.
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