Justice Chandiwal Commission to conclude hearing on January 21, report likely in February

The single-member commission of retired Bombay High Court Judge Justice Kailas Uttamchand Chandiwal, conducting a judicial enquiry into the allegations levelled by former Mumbai Police Commissioner Param Bir Singh against then State Home Minister Anil Deshmukh, is likely hold its final hearing on Friday..The commission also indicated during the hearing on Thursday that it will submit its report to the Maharashtra government by February 2022.The Commission had been constituted by the State government in March 2021..As on January 20, Justice Chandiwal has examined all witnesses including dismissed Mumbai cop Sachin Waze, Anil Deshmukh, his associates, Sanjeev Palande and Kundan Shinde.After several strictures like imposing cost, warrant and summoning, senior IPS officer Parambir Singh had told the commission that he had nothing more to submit to the commission apart from his letter addressed to the Chief Minister.However, Waze’s lawyer had some questions to put to Deshmukh, who had taken the witness box for examination this week, and since he could not remain present on Thursday he insisted the he be granted another day.On Waze’s insistence, Deshmukh’s cross examination was adjourned to January 21..Apart from the witnesses, Chandiwal also heard two intervention applications, which he disposed of today..One intervention was filed by businessman Bimal Agarwal who had complained against Singh and accused Waze of extortion.Along with his application, he presented a pen drive which allegedly contained the audio-clipping of a conversation exchanged between him and Waze.When Chandiwal asked the lawyers of the other witnesses to make their submissions on this application, Waze’s lawyer, advocate Rounak Naik, submitted that he would be filing an application seeking permission to summon two more witnesses.The commission, however, objected to such a request stating that it could have been made in advance and it could have been intimated to all parties.Deshmukh’s lawyer, advocate Girish Deshmukh, objected to such an application pointing out that the same would amount to a roving enquiry.While rejecting Agarwal’s application, Justice Chandiwal observed that the evidence which he relied upon was “illegally recorded message and transcriptions (which) need not be permitted to be used as they are intercepted without knowledge of the maker and without any sanction”.He held that any “exercise in such nature would naturally open flood gate to unnecessary questions and illegally expose the citizens of privacy. Such issue need not conflate the spirit.".The other intervention was by an activist Stephen D'mello who made allegations which dated as far back as 2009 about certain policemen including Singh being involved in collection of money.However, the commission observed that these events were much before Singh became Commissioner of Mumbai Police and therefore, concluded that allowing this application would lead to an enquiry beyond the scope earmarked for this Commission.He noted that the tasks assigned to the commission was in relation to the event that has transpired after Singh’s transfer from the Commissioner’s post and the allegations he made in the letter of March 20, 2021.Rejecting the application as well, Justice Chandiwal observed that “the scope of inquiry has been earmarked by the Government in a notification. In the situation, therefore, there cannot be a roving inquiry into the allegations made by intervener"..While concluding the hearing for the day, Justice Chandiwal indicated that he is likely to submit his report to the Maharashtra government by February, 2022 His report will be answering the following questions which had been framed by the Maharashtra government in their resolution.Whether the allegations contained in the letter addressed by Singh to the Chief Minister Uddhav Thackeray establish any evidence towards the misconduct/ offence by either Deshmukh or his official staff?Whether the allegations in the letter written after Singh was transferred based on alleged information received from Deputy General Police Sanjay Patil and Assistant Police Inspector Sachin Waze require a probe by the Anti-Corruption Bureau (ACB) or any other agency?Any other recommendations pertaining to the concerned matter

Justice Chandiwal Commission to conclude hearing on January 21, report likely in February

Neha Joshi

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