Taking a serious note of government's failure to file an affidavit to inform whether inquiry had been conducted against the concerned investigating officer Sudhakar Poojary, a bench headed by Justice AM Khanwilkar summoned Additional Commissioner of Police to remain present in the court during the hearing tomorrow.
The court also called for the service records of Poojary and asked the government to produce the same tomorrow.
Hearing petitions urging action against Poojary, the judges had earlier asked the state to file affidavit by January 28. However, no reply was filed today, which prompted the court to summon a top police officer.
The state had been asked to file a report on the inquiry if it was conducted or give reasons why it was not held.
One petition was filed by Amnesty International, while the other by Avinash Sanas, former personal assistant to former Minister of State for Home, Prabhakar More.
The petition filed by Sanas further alleged that Poojary had arrested accused in the MPSC scam without any evidence. In the scam, over 25 persons were arrested on charges of taking money for changing marks in the answer sheets.
Sanas had filed a complaint in a special court earlier against Poojary alleging that he had underworld nexus.
The court had asked the then Commissioner of Police AN Roy to conduct an inquiry and accord sanction for prosecution if Poojary was found on the wrong side of law.
However, Roy had refused to give sanction.
Mumbai: The Bombay High Court has asked a top police officer to remain present before it on Tuesday on two petitions alleging state government's inaction against the investigating officer of 2001 scam relating to Maharashtra Public Service Commission (MPSC) for alleged underworld nexus.
First Published: Monday, January 28, 2013, 20:40