The Maharashtra government has told the Bombay High Court that it wants to file a reply to a petition filed by Deputy Commissioner of Police (DCP) Akbar Pathan seeking quashing of the First Information Report (FIR) filed against him at Marine Drive police station in an alleged corruption case.
Former Additional Solicitor General Darius Khambata, appearing for the state government, told a division bench of Justices SS Shinde and NJ Jamadar: “We want to file our reply, otherwise the contentions in the petition will go uncontroverted.”
Pathan’s counsel, Niteen Pradhan then sought to file a rejoinder (affidavit in reply to the government’s affidavit). “Permit me to file rejoinder if the state government is filing an affidavit. Meanwhile, let them (police) not arrest Pathan,” said Pradhan.
The court has asked the government to file a reply by September 9, Pathan has to then file a rejoinder by September 9. The HC has then kept the petition for hearing on September 13.
Builder Shyamsunder Agarwal lodged an FIR at Marine Drive police station on July 21 against two other builders and six police officers, including Pathan and former Mumbai Police Commissioner Parambir Singh, who were probing Agarwal’s alleged nexus with the underworld. According to Agarwal, Pathan demanded Rs 50 lakh and a 2BHK flat at Bhayander for not invoking the Maharashtra Control of Organised Crime Act (MCOCA) against him.
Pathan has filed a petition seeking quashing of the FIR against him stating that it was registered in gross violation of the process of law and to hamper the investigation against the Complainant, Shyamsunder Agarwal.
Pradhan argued that Pathan was still a DCP and an FIR could not have been registered directly against him. Initially, a preliminary enquiry has to be conducted if any allegations are made against a public servant. Under the Prevention of Corruption Act, a preliminary enquiry and thereafter open enquiry is contemplated. If the authorities are satisfied, during the open enquiry, that offence is made out, grant sanction to register an FIR under the Prevention of Corruption Act and the Indian Penal Code.
According to Pathan’s petition, there are 19 criminal cases lodged against Agarwal. The Office of Joint Commissioner of Police Crime sanctioned the application of the MCOCA against Agarwal for his alleged links with the underworld. The FIR was lodged at Juhu police station on a complaint by builder Sanjay Punamiya, who has been named as accused by Agarwal in his complaint at Marine Drive police station.
Seeking quashing of the FIR, Pathan’s petition states he has an unblemished record of 14 years and the FIR “appears to be filed with an ulterior motive and to take undue advantage and to hamper the investigation in Juhu.”
Terming the FIR by Marine Drive police as malicious, the petition states that “it not only jeoparadises the investigation by the Police Department, however it will also de-moralise the Department for taking up investigation where underworld is involved in the organised crime.”
