Mumbai: Ex-DGP Sanjay Pandey Seeks Anticipatory Bail In Thane FIR, Claims Jurisdictional And Delay Issues

Mumbai: Former director-general of police Sanjay Pandey has moved the sessions court at Thane for anticipatory bail in connection with an FIR filed against him and others in Thane Nagar police station by a businessman Sanjay Punamiya. The application has been moved through advocate Rahul Kamerkar.

Pandey has stated that even though the incidents alleged in the FIR have occurred in 2021 the complainant has filed the FIR only now; after a delay of over three years. ``It is entirely implausible that the complainant only now....claims to have realised that the applicant (Pandey) with others have coerced him into giving false statements."

The application notes that the Supreme Court and several high courts in various judgements have held that when there is substantial delay in filing of the FIR the court may look for a motive and explanation for the delay." Pandey has also noted that the FIR has been filed without jurisdiction since the allegations contained in the FIR have nothing to do with Thane jurisdiction. Even Punamiya "admittedly lives in Marine Drive, Mumbai" as stated in the FIR itself. Also, Punamiya has given a "non-existent address, that being 21/5 Marine Drive Seaface, Mumbai-20 Thane Nagar, Thane City."

Pandey has pointed out that the only allegation against him is that he along with other accused coerced the complainant coerced him to make false statements against former police commissioner Parmbir Singh and others and the allegation is based on hearsay and conjecture. The former DGP said he has never met or spoken to Punamiya. There is no allegation in the FIR that Pandey ever demanded money or it was given to him.

Pandey has stated that all the alleged incidents mentioned in the FIR occurred within the jurisdiction of Mumbai police. All the police officers of Mumbai are accountable to the police commissioner, who reports only to the additional secretary (home) and not to the director-general of police. And as DGP Pandey could not have done the acts alleged against him since he had no jurisdiction or control over Mumbai police commissionerate.

Pandey has noted that as many as 10 FIRs have been lodged against Punamiya across Maharashtra. The application will come up for hearing on September 3.