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In an interesting turn of events, Bombay High Court witnesses a PIL seeking investigation against politicians, police personnel and others involved in the extortion racket running in the city of Mumbai. It further relates to the letter dated 20.03.2021 by Mr. Parambir Singh, ex Police Commissioner, Mumbai to the Chief Minister of the State.

This comes directly after the Supreme Court refused to entertain Mr. PB Singh’s plea seeking CBI probe into his allegations against Maharashtra’s Home Minister Anil Deshmukh indulging in corrupt practices of collecting huge sums across the city, through various establishments. Singh had also challenged his transfer to Home Guards department alleging it to be ‘malicious’

The present PIL moved invoking Criminal Appellate Jurisdiction of the Bombay High Court, says, 

“In any State, the police function under the control of the Home Minister of the State concerned and the police is meant for providing safety and security for the people of the state and to instil confidence in them that their constitutional rights would be protected, preserved and safeguarded by the state which is even otherwise the responsibility of every state.  

However, the Home Minister of Maharashtra instead of protecting and upholding constitutional rights of the citizen of the state in general and more particularly those who are living in the city of Mumbai were directed to be extorted through the instrumentalities of the state i.e. Mumbai police and such revelations given by none other than the former Commissioner of Police, Mumbai who is currently serving as Commander General of Home Guards, Maharashtra based on some materials which have been placed on record in the letter dated 20^th March, 2021 is shocking, horrifying and reflects total collapse  of Mumbai police and instead of enforcing law and order and/or rule of law and giving protection to life and liberty of the citizen of Mumbai, services of Mumbai police were utilised for extorting businessmen.

It is impossible that as party leaders which include the Deputy Chief Minister Ajit Pawar and his uncle Sharad Pawar, who happens to be the president of Nationalist Congress Party, would not be aware of such extortion racket and it is unlikely that Anil Deshmukh, who was made Home Minister by Sharad Pawar and Ajit Pawar, would take recourse to collecting huge sum through the police which was nothing short of extortion and dacoity, the aforesaid leaders of his party would not have been aware.”

It further outlines the chronology of events, the exchange of letters, allegations raised by parties involved and the possibility of each of them sharing equal burden in giving effect to the said racket.

Broad lines of Prayer sought:

1. Direct an investigation against the personnel of Mumbai police namely, Sachin Vaze, Sanjay Patil, ACP, Bhujbal, DCP, Param Bir Singh and a host of other politicians viz. Anil Deshmukh, Home Minister and all other private persons/public servants who were instrumental for collecting extortion money from 1750 odd bars, restaurants as well as other establishments in Mumbai.
2. National Investigation Agency, Central Bureau of Investigation, Enforcement Directorate and/or such other investigating agencies be directed to complete their investigation within reasonable time.
3. Monitor such investigation so as to ensure fairness and efficacy.
4. Attach all moveable and immovable properties acquired by the accused/prospective accused under the provisions of Prevention of Money Laundering Act. 
5. Direct the State to take action against all the tainted police personnel involved in the collection racket in the city of Mumbai and committing various other offences under the garb of conducting investigation.

Case Title: Ghanshyam Upadhyay v. State of Maharashtra