In a major relief to former Mumbai Police Commissioner Param Bir Singh, the Supreme Court on Thursday transferred the investigation of the cases filed against him to the Central Bureau of Investigation (CBI).
A bench of Justices Sanjay Kishan Kaul and MM Sundresh allowed the appeal filed by Singh and transferred the investigation in five FIRs and two preliminary inquiries against him from Maharashtra Police to the CBI. The apex court asked the state police to hand over the cases to the CBI within a week and directed that all officials extend full cooperation to CBI to try to arrive at the truth.
The top court also set aside the September 16, 2021 judgment of the Bombay High Court which dismissed Singh’s petition challenging two preliminary inquiries initiated against him by the Maharashtra government. It also clarified that the apex court was not revoking the suspension of Singh.
The bench further said, “So far as departmental proceedings are concerned, it will be appropriate to await the probe by CBI. We don’t know whether this is the end of the road or more FIRs will be registered. If more FIRs are registered, then those too will be transferred to CBI.”
It said, “Exigencies and advancement of principles of justice and fair play and impartial enquiry require the investigation to be transferred to CBI. We are not saying that the appellant is a whistleblower. We are not saying anyone in this process is washed with milk. What is the truth, who is at fault, how does such a scenario come to prevail… is something the investigation must get into.”
“CBI must hold an impartial inquiry into all these aspects to find out whether the allegations made in the FIRs have some truth or they are repercussions of the appellant raising the red flag. We are not commenting on the allegations…,” it added.
During the hearing, senior advocate Puneet Bali appearing for Singh sought a CBI probe into the cases filed against him saying CBI had filed a response stating that the matter is inter-linked with the investigation of the former Home Minister of Maharashtra, Anil Deshmukh and therefore CBI should be permitted to holistically investigate the matter.
Hearing the case, the bench observed, “We do find the picture very disturbing. An earlier commissioner seems to show a lack of faith in the police. We wonder what would happen to the common man and what kind of faith would they have in the police. The matter has become curious and more curious in the battle between the then Home Minister and the then Police Commissioner. The only question which has to be examined is whether, in view of the CBI looking into the matter, the other aspects arising are also to be entrusted to the CBI.”
Additional Solicitor General KM Nataraj appearing for the CBI said it was willing to investigate the cases as the allegations against Singh are connected with the ongoing investigation against former Maharashtra Home Minister Anil Deshmukh.
“There cannot be a parallel investigation, there cannot be overlapping of subject matter. All the issues have to be comprehensively looked into by the CBI. When high personalities are involved in state, it would be desirable as a part of a fair investigation that an independent agency looks into it, otherwise, it would be a hurdle to our investigation as well,” he added.
Senior advocate Darius Khambata appearing for Maharashtra said that the State government was not in a position to accept the transfer to CBI since it would demoralise the police force.
Cases were registered against Singh over allegations of misconduct, corruption and extortion and the apex court had sought CBI’s view on probing the cases. Singh, a 1988-batch IPS officer, was removed from the post of Mumbai Police Commissioner on March 17 last year and was made the General Commander of Maharashtra State Home Guard after he levelled allegations against Deshmukh.