[Anil Deshmukh FIR] Duty of Police to enforce law of the land: Bombay High Court quotes Lord Denning while dismissing Maharashtra govt plea

The Bombay High Court quoted Lord Denning's views on police independence while dismissing the petition filed by Maharashtra government assailing portions of the First Information Report (FIR) registered by Central Bureau of Investigation (CBI) against former State Home Minister Anil Deshmukh (State of Maharashtra v. Central Bureau of Investigation & Anr.).A Bench of Justices SS Shinde and NJ Jamadar observed that officers of the premier investigation agency must be fully allowed to take their responsibilities in investigation into the FIR..The Bench quoted Lord Denning's judgment in the case of R. v. Metropolitan Police Commissioner, ex parte Blackburn, emphasising the nature of the duty which the police discharge in a society governed by rule of law. .The quoted portion from the judgment states:"I hold it to be the duty of the Commissioner of Police, as it is of every chief constable, to enforce the law of the land. He must take steps so to post his men that crimes may be detected; and that honest citizens may go about their affairs in peace. He must decide whether or not suspected persons are to be prosecuted; and, if need be, bring the prosecution or see that it is brought; but in all these things he is not the servant of anyone, save of the law itself.".The Court placed reliance on the judgment to record in its order their assurance that "the officers of the Delhi Special Police Establishment, a premier investigating agency, are and must be fully alive to their responsibility". ."The duty of the police, constituted under either the State enactment or Special Acts is to act in accordance with the law of the land. They serve none but the law," the order said. .The petition before the Court sought quashing of two paragraphs in the FIR which pertained to transfer and posting of police officers and regarding the reinstatement of Additional Police Inspector Sachin Waze.The grievance by the State government was that the unnumbered paragraphs were beyond the mandate of the April 5, 2021 order of the High Court..On the question of locus of Maharashtra government to file the petition, the Court opined that the order of investigation by the High Court "would not give a carte blanche to the investigating agency (CBI) to venture into any matter de-hors the subject matter of the proceedings before the High Court and thereby disturb the delicate balance of power under the Constitution". .Responding to the apprehension of the State that the roving inquiry may demoralise the State police force, the Court opined that the aspect of transfer and posting of police officers is essentially linked to the allegations of abuse of official position by the then Home Minister and his confederates..In light of the High Court's order, the Bench opined that CBI could "legitimately inquire into the aspect of transfers and postings of police officers so also reinstatement of Sachin Waze in Police force after 15 years, to the extent those transfers and postings have nexus with alleged offences against the then home minister and his associates"..The Court, however ,clarified that "the order of the division bench could not be construed as giving an unfettered authority to CBI to inquire into transfers and postings of the police officers generally, which do not reflect upon the alleged acts and conduct expressly attributed to the former home minister and his confederates". .[Read judgment]