Court decision after CBI steps in
The Supreme Court on Monday restrained the Mumbai Police from filing chargesheet against former Police Commissioner Param Bir Singh after the CBI offered to probe charges against him.
However, the State police was allowed to carry on investigations.
In a big relief to Singh, Solicitor General Tushar Mehta, appearing for the CBI, said the FIRs should also be entrusted to the Central probe agency and he will file an affidavit regarding the same.
A bench comprising Justices SK Kaul and MM Sundresh also directed the CBI to file its response on the issue of whether the probe should be handed over to it. The top court said it was only concerned with the “likelihood of bias”.
Suspended former Police Commissioner is facing series of cases for misconduct and corruption charges, after he fell out with the State Government, following a fake bomb scare case in front of billionaire Mukesh Ambani’s home.
Senior advocate Darius Kambatta, appearing for Maharashtra, stated that Singh’s petition was a service dispute against departmental inquiries, which should be contested before the Central Administrative Tribunal (CAT). The bench then said, “What are your allegations regarding his service, etc, that is for you to take. But this is one of the very unfortunate messages.
“The only concern that we should have is, whether in regards to other matter whether the CBI should consider the same or not,” it said. Senior advocate Puneet Bali, appearing for Singh, told the apex court that the Maharashtra Government was acting with “mala fide” against the former police commissioner. “After your lordships’ order, I (Singh) have joined the investigation. All non-bailable warrants and proclamations against me have been cancelled.
“Then they file a chargesheet in one of the FIRs. That is a complaint filed by a person against whom I took action. Then they suspended me. The state of Maharashtra is trying to scuttle your Lordship’s orders,” Bali said.
The top court noted the submissions and allowed the Mumbai police to carry on the investigation and restrained it from filing the chargesheet. The bench also extended the interim protection granted to Singh till January 1, 2022, when it will hear the matter next.
The State police had earlier told the apex court that Singh cannot be considered as a “whistle-blower” under the law as he chose to speak out against alleged corruption involving former Home minister Anil Deshmukh only after his transfer.