Governor & President should discharge constitutional responsibilities in case of extortion by police demanded by Govt in Maharashtra. By Hem Raj Jain
22 Mar 2021
This refers to a letter of March 20, 2021 written by ‘Former Commissioner Police of Mumbai (FCPM) Param Bir Singh (transferred on March 17, 2021) to Maharashtra Chief Minister (CM) Uddhav Thackrey as reported at https://www.indiatoday.in/india/story/param-bir-singh-letter-maharashtra-cm-uddhav-thackeray-full-text-1781642-2021-03-20 in which in addition to other matters it is mentioned that :-
(i)- The FCPM was called late evening at Varsha (the official residence of the CM) in mid -March 2021 at one of the briefing sessions in the wake of the Antilia incident [in which a car with explosives as mentioned at https://www.pakistanchristianpost.com/opinion-details/3790 was allegedly planted by API (Assistant Police Inspector) Sachin Vaze near the residence of India’s leading businessman & industrialist Mukesh Ambani on February 25, 2021 and in which the said car owner Mansukh Hiren has been found on March 5, 2021 in a creek, murdered] when while briefing the CM the FCPM had pointed out several misdeeds and malpractices being indulged into by the Home Minister Anil Deshmukh.
(ii)- In the aforesaid context, the FCPM told the CM during this briefing that Vaze (who was heading the Crime Intelligence Unit of the Crime Branch of the Mumbai Police) was called by Deshmukh to his official residence Dyaneshwar several times in last few months and repeatedly instructed to assist in collection of funds for Home Minister. In and around mid-February and thereafter Deshmukh had called Vaze to his official residence.
(iii)- The FCPM during said briefing told the CM that Deshmukh expressed to Vaze that he had a target to accumulate Rs.100 crores (1,000 million) a month. For achieving the aforesaid target, Deshmukh told Vaze that there are about 1,750 bars, restaurants and other establishments in Mumbai and if a sum of Rs. 2-3 lakhs (hundred thousand) each was collected from each of them, a monthly collection of Rs. 40-50 crores was achievable and Deshmukh added that the rest of the collection could be made from other sources.
(iv)- The FCPM during said briefing told the CM that a few days later on March 4, 2021 Deshmukh also called Sanjay Patil ( ACP, Social Service Branch) at his official residence where the meeting of Patil along with DCP Bhujbal was attended by other officers and Palande (Personal Secretary to Deshmukh) where Palande informed Patil that Deshmukh was targeting a collection of Rs. 40-50 crores which was possible through an approximate 1,750 bars, restaurants and establishments operating in Mumbai. The FCPM during said briefing told the CM that Patil told the FCPM about the demand made by Palande from Patil to make these collections for Deshmukh.
(v)- The FCPM during said briefing told the CM that after the meeting of Vaze with Deshmukh, Vaze had discussed the instructions of Deshmukh with Patil and both of them had approached the FCPM with their predicaments.
(vi)- The FCPM during said briefing told the CM that Deshmukh has as a regular practice of repeatedly calling his officers at his official residence (bypassing him and other superior officers of the Police Department to whom those respective Police Officers report to) and giving them instructions to carry out official assignments and collection schemes including financial transactions as per his instructions based on his expectations and targets to collect money and these corrupt malpractices have been brought to the FCPM notice by his officers.
A copy of this March 20, 2021 letter (of the FCPM to the CM) the FCPM sent to the Governor of Maharashtra through his principal secretary and was reported widely in print & electronic media. Therefore the Governor of Maharashtra and the President of India should have immediately taken the following actions in view of given below:-
(1)- The contents of the letter of the FCPM (especially what the FCPM told the CM during said briefing) have not been denied publicly by the CM. Otherwise also the Governor could have called the CM and could have asked the CM whether what the FCPM has claimed in his letter about what he told to CM [as (i)- to (vi) above mentioned] are true.
(2)- In view of the serious charges levelled by the FCPM before the CM during said briefing against Home Minister, the CM was legally expected to immediately conduct an inquiry whether what the FCPM was saying is true and if not then the CM should have immediately removed Param Bir Singh from his post of CPM and should have ordered to file a criminal case against Param Bir Singh for levelling such false and serious charges against his boss the Home Minister.
(3)- In case after this inquiry, the CM had found prima-facie truth in the charges levelled by the FCPM against the Home Minister then the CM should have immediately removed Deshmukh from the office of Home Minister and should have initiated criminal investigation against Deshmukh. But the CM neither acted against Deshmukh nor against Param Bir Singh despite such serious charges levelled by the FCPM against Deshmukh during said briefing.
(4)- Because the CM did not do either, hence it is the Constitutional responsibility of the Governor (by requesting the President of India) to immediately dismiss the Maharashtra Government and impose Governor’s rule in Maharashtra and keep the Vidhan Sabha under suspended animation so that the Vidhan Sabha can elect another Chief Minister (and government) in Maharashtra.
(5)- The President of India should take the urgent cognizance of this matter and do the needful as mentioned above even if the Governor of Maharashtra continues to derelict (about informing / requesting the Prez on this matter).
It is hoped that the Governor of Maharashtra and the President of India will discharge their constitutional responsibilities without any further delay [in the matter of Rs 100 Crore per month extortion (as per the then sitting Police Commissioner of Mumbai) demanded by Home Minister through only one police inspector in Maharashtra and no action by Chief Minister on such information] and will immediately dismiss the Maharashtra Government by imposing Governor’s rule in Maharashtra and by allowing the Vidhan Sabha to elect another Chief Minister / government.