Bombay HC asks whistleblower to convert writ into PIL

Mumbai: Bombay high court on Wednesday directed the traffic constable who filed a writ petition alleging large scale corruption in the traffic department to convert his petition into criminal public interest litigation (PIL) in the larger interest of the general public. The court’s suggestion was based on the fact that registering a FIR would not be possible as allegations had been leveled against the entire department.

A division bench of Justice Ranjit More and Justice Anuja Prabhudessai was hearing the petition filed by head constable Sunil Toke where he alleged that there were many instances of corruption in the traffic department along with video and pictorial evidence to support his claims. He sought departmental inquiry and registration of FIRs against errant officers.

During previous hearing, the state ACB had informed the court that they did not find any substance in Toke’s allegations as recordings placed as evidence did not have supporting videos of money changing hands. The court had then directed Toke’s lawyer, Datta Mane, to examine the recordings and cull out relevant portions and submit the same in court. As per court directions, Mr Mane on Wednesday filed an affidavit with snapshots of recordings that showed bribes being accepted by traffic cops.

However, additional public prosecutor Jayesh Yagnik appearing for ACB told the court that they did not have original video recordings and the evidence did not indicate money changing hands.

After hearing both sides, Justice More said, “Considering the seriousness of the issue and its scale, we direct the petitioner to convert the petition into a criminal PIL within the next two weeks.” The bench also asked the state as to what measures were being taken to curb corrupt practices.