'Disturbing Scenario': Supreme Court On Param Bir Singh's Lack Of Trust In Mumbai Police Which He Once Headed

The Supreme Court on Tuesday orally remarked that it was a "disturbing scenario" that the former Mumbai Police Commissioner Param Bir Singh has no trust in the police force which he headed once.A bench comprising Justice Sanjay Kishan Kaul and MM Sundresh was hearing a petition filed by Param Bir Singh seeking protection from coercive steps by Mumbai police in the cases registered against him. "This is the same police force that you headed. Now, what do we say, the head of the police force has no trust in the police force, the administration has no trust in the police. This is a disturbing scenario", the bench remarked. The bench adjourned the hearing after being told that the State of Maharashtra has filed a Special Leave Petition challenging the order of the Bombay High Court which had refused its prayer to formulate an SIT to investigate the allegations levelled by Parambir Singh against former Home Minister Anil Deshmukh. "Now, the State Government took a particular avenue by which they did not think it was appropriate for the CBI to look into it . We do not know which Bench of this Court will consider it and what view they will take. Let us see", the bench said.CBI says cases against Param Bir Singh must be investigated by itIn the meanwhile, in compliance with the order of the Supreme Court dated 06.12.2021 wherein the Apex Court sought the views of the Central Bureau of Investigation regarding taking up the investigation in the FIRs registered by Maharashtra Police against Param Bir Singh over allegations of misconduct and corruption, as they are interlinked with the matters already under the investigation of the central agency, CBI had filed a response. The Central Bureau of Investigation in an affidavit filed by it had submitted that the allegations against Param Bir Singh have an overlap with the investigation led by CBI in the allegations against the former Home Minister, Anil Deshmukh and therefore, the present matter ought to be investigated by the CBI to meet the ends of justice. It has been pointed out that the FIRs filed by the State Police with overlapping effects are intended to obfuscate the investigation already conducted by CBI. In view of the same, the CBI had requested the Court to reprimand such attempts to jeopardize the court mandated investigation conducted by the Central Agency. At the outset, the Senior Advocate Mr. Puneet Bali appearing on behalf of Param Bir Singh referred to the averments of CBI in its affidavit, wherein it was categorically pointed out that the State Police was attempting to scuttle investigation conducted by CBI. "We are ready to argue. CBI has filed their reply as desired by your lordships. The CBI has categorically said that these FIRs which have been registered against me from time to time and not only the FIR but also what they are trying to do in departmental proceedings. All of that. It is a whole chain of what started and transpired in Mumbai High Court on 5th April confirmed by your lordships. The matter which was handed over to CBI, the State of Maharashtra has tried its best to scuttle that investigation also. The Additional Chief Secretary and DGP refused to appear before CBI. The State of Maharashtra filed a WP before the Mumbai High Court, to scuttle the proceedings of the CBI and have an SIT formed by the High Court which has been rejected. The CBI categorically states that these are a chain of events which had started because of my letter of 19th March which culminated into an order passed by My lorships. This must be investigated by an independent agency." Senior Advocate Mr. Darius Khambata appearing on behalf of the State of Maharashtra informed the Court that as per his affidavit there are ample reasons for which it would not be appropriate to handover the investigation to CBI, more so in view of the fact that the allegations against Param Bir are not related to the investigation being conducted by CBI. "I appear for the State of Maharashtra. I have filed my affidavit on the 8th of Jan. According to me there are four distinct reasons why it would not be in the interest of justice to refer the FIR to CBI. I was never given the list; the nature of charges; the status of investigation and none of them have anything to do against the CBI investigation of the former Home Minister. The CBI affidavit only says that one of the FIRs may have an overlapping effect." The Bench enquired - "What you are saying is that you are not able to work a way forward for investigating." Responding in affirmative, Mr. Khambata apprised the Court that the State of Maharashtra had filed a Writ Petition before the Bombay High Court seeking directions to set up a SIT, which would investigate the allegations. Thus, the Bench noted - "We are informed that endeavour by the State of Maharashtra by filing W.P. 3793 of 2021, stating the...

'Disturbing Scenario': Supreme Court On Param Bir Singh's Lack Of Trust In Mumbai Police Which He Once Headed

Sohini Chowdhury

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