A division bench of the court was hearing a plea filed by Singh for a CBI probe into the corruption allegations against Deshmukh.
Singh had alleged that Deshmukh had given senior police officers a target to accumulate Rs 100 crore in bribes each month from bars and restaurants.
The court said that it cannot intervene into the matter or call an independent inquiry in the absence of an FIR.
“You (Singh) are a senior police officer. You are not a layman. You were duty-bound to register a complaint against any wrongdoing. Despite knowing that an offence is being committed by your boss, you (Singh) remained silent,” Chief Justice Dipankar Datta said.
The bench further noted that Singh cannot convert the HC into a magistrate court.
The court said that the first coure of action for Singh would be to file an FIR against Deshmukh.
“The proper and appropriate course of action would be for you (Singh) to first lodge a complaint with police. If the police do not lodge an FIR, then you have the option of filing an application before the magistrate,” the court said.
Singh’s counsel Vikram Nankani said his client wanted to avoid this “chakravyuh” (labyrinth).
The HC, however, noted this was the procedure laid down in law.
“Are you saying that you are above the law?” the court asked.
Nankani argued that he did not have any other option than to approach the HC, as the complaint and allegations were against the “very head of the state administration”.
The court further asked Nankani if any statement, as alleged by Singh in the petition against Deshmukh that he had asked police officers to extort money, was made by the home minister in Singh’s presence.
“Was any of these statements made by the home minister in Singh’s presence? Otherwise this is nothing but hearsay,” the court said.
In his allegations against Deshmukh, Singh had mentioned that he was apprised of the Rs 100 crore target by suspended police officer Sachin Waze.
The HC said there is also no affidavit submitted by any of the police officers who were allegedly called by Deshmukh to his residence, supporting the allegations levelled by him.
“Our prima facie opinion is that without an FIR, this court cannot order investigation. Your prayer seeking a direction to the CBI to investigate appears to be harsh in the absence of an FIR,” Chief Justice Datta said.
Singh in his petition claimed Deshmukh had asked police officers, including suspended assistant police inspector Sachin Waze, to collect Rs 100 crore each month from bars and restaurants.
Waze was arrested earlier this month by the National Investigation Agency (NIA) in the case of bomb scare near industrialist Mukesh Ambani’s residence in Mumbai.
Singh was shifted from the post of Mumbai’s Commissioner of Police to the Home Guards department on M
(With inputs from PTI)