By Santoshee Gulabkali Mishra
Four years after he filed a Public Interest Litigation (PIL) against senior Congress leader Kripashankar Singh and two years after the Mumbai Police registered a case against him, Sanjay Dinanath Tiwari, the complainant and litigant in the case, has written to the office of the Commissioner of police, Mumbai, alleging deliberate delay on part of the police in prosecuting Singh.
In 2010, Tiwari had filed a PIL against Singh, his wife Malti Devi, son Narendra Mohan, daughter-in-law Ankita, daughter Sunita Vijay Singh and son-in-law Vijay Singh, alleging that the family collectively possessed assets disproportionate to their known sources of income.
An FIR was subsequently filed against Singh and his family members on February 28, 2012 under various sections of the Indian Penal Code as well as the Prevention of Corruption Act.
Advocate Mihir Desai, who represents Tiwari, has now asked for copies of all the earlier reports filed and submitted by the Special Investigating Team (SIT) formed by the Bombay High Court in connection with the case.
Desai has appealed that copies of reports investigations carried out by the various agencies of Mumbai Police submitted either before the Bombay High Court or the Supreme Court should be provided to Tiwari.
“The documents and other materials collected by the various agencies during the course of investigation and inquiries are also requested to be provided,” reads his letter.
The letter continues, “Following the FIR, a raid was conducted in the house of Singh on March,2, 2012 and 460 live cartridges were found. The police had registered an FIR in this case under the Arms Act. However till date the police has failed in filing the chargesheet and have not even arrested Singh in the offence.”
According to Desai and Tiwari, there has been an unnecessary delay in the case which is being caused only to protect Singh and his family. “It has been more than 9 months since the order of Supreme Court, six months since the Mumbai Police has submitted the application for sanction and three months since Commissioner office sent all the documents back to the speaker, the letter states.
The Mumbai Police was special investigating agent appointed by the High Court and approved by the Supreme Court and the investigation was supervised by the Supreme Court till the final report. Kripashankar was a minister and MLA and therefore a high public functionary and thus there is not even a need to obtain a sanction for the filing chargesheet. (please check factual authenticity)”
The letter also states that in the recent past the state legislative assembly speaker, Dilip Walse-Patil has refused to accord sanction to prosecute Singh and that they would be challenging this in the Bombay High Court.
“We have received the letter and are examining the matter,” said Mumbai Police Commissioner Rakesh Maria when contacted.