A Mumbai Police Inspector Moves Supreme Court Opposing Param Bir Singh's Prayer For Transfer Of All Investigation Outside State Of Maharashtra

It is contented that the petition filed by Singh seeking transfer of the investigation to a central agency, outside the State of Maharashtra, is a pure abuse of the due process of law and deserves to be dismissed with costs.

Filed by Advocate Vipin Nair on behalf of a Senior Inspector with 27 years of service with the Mumbai Police/Home Department, the IA states submits that the Applicant has "suffered enormous injustice and victimization at the hands of the present Petitioner, since the Applicant had not obliged him by favouring anti-social elements".

It is further stated that the Applicant has never received a single complaint against him regarding any alleged misconduct or misbehavior, and that Singh has used his position and uniform to implicate the Applicant in several false and frivolous cases – "it is further submitted that although the petitioner is trying to pose himself as an upright and honest police officer, the true narration of facts would reveal a completely different picture".

The IA refers to an instance wherein the Applicant, despite having the seniority as well as a "blemishless career with good confidential reports" was not appointed on account of belong to the "Mahar" Scheduled Caste. He had requested the Petitioner to look into the matter, however, on not receiving any response from him, the Applicant approached the State SC-ST Commission. Notice was issued and Singh was directed to appoint the Applicant as a Senior Police Inspector. It has been submitted in the IA that post this incident, Singh "developed prejudice and bore a deep rooted grudge" against the Applicant.

It has been further submitted that in a matter pertaining to builders and high profile offences registered against them, Singh had asked the Applicant to stop the ongoing investigation. On refusal to do, it has been alleged that Singh "hatched a conspiracy with his subordinates to place the Intervenor under suspension and thereby, take away the investigation of such cases from his hands and instigated such disgruntled elements to lodge false and frivolous complaints against the intervenor".

As a consequence, four offences were registered against the Intervenor within a span of ten days and he was placed on suspension. Further attempts were also made to silence the Applicant.

Submitting that Singh has abused his position as a superior police officer to implicate the Applicant in false cases and thereby, should not be allowed to seek transfer of the case to CBI, the Applicant has sought to oppose the same by way of the instant IA.