A Supreme Court bench comprising of justices Sanjay Kishan Kaul and Subhash Reddy will hear tomorrow the petition filed by Former Mumbai Police chief Param Bir Singh seeking CBI investigation in the alleged corrupt malpractices of Anil Deshmukh, Home Minister of Government of Maharashtra.
Singh, who was shunted out as Mumbai Police Commissioner in the wake of Antilia bomb scare case, has also challenged the Government's Order transferring him from the post of Mumbai Police Commissioner.
The cop's explosive letter to Maharashtra Chief Minister Uddhav Thackarey raising allegations against Deshmukh, which found its way to the press on Saturday, has put the Maha Vikas Agadi government in a spot.
Singh has submitted in the petition that Home Minister Anil Deshmukh had been holding meetings in February, 2021 at his residence with police officers including Sachin Vaze of Crime Intelligence Unit, Mumbai and Shri Sanjay Patil, ACP Social Service Branch, Mumbai, bypassing their seniors and had instructed them that he had a target to accumulate Rs. 100 crores every month and had directed to collect money from various establishments and other sources.
"It is reliably learnt that on or about 24th/25th August 2020, one Rashmi Shukla, the Commissioner Intelligence, State Intelligence Department had brought to the notice of the Director General of Police, who in turn brought it to the knowledge of the Addl Chief Secretary Home Department, Government of Maharashtra about corrupt malpractices in postings / transfers by Shri Anil Deshmukh based on telephonic interception", the plea says..
Singh has alleged that Anil Deshmukh had been interfering in various investigations and was instructing the police officers to conduct the same in a particular manner as desired by him.
"Each such act of Shri Anil Deshmukh in abuse of the official position of the Home Minister, whether in calling and directly instructing the police officers of lower rank such as Shri Vaze or Shri Patil for his malicious intent of extorting money from establishments across Mumbai and from other sources, or whether in interfering in the investigations & directing the same to be conducted in a particular manner, or whether indulging in corrupt malpractices in posting / transfers of officers, cannot be countenanced or justified in any democratic State. Fair CBI investigation is thus warranted in each of such acts of Shri Anil Deshmukh in abuse of the official position of the Home Minister".
It is also submitted that he had brought the aforesaid fact in the knowledge of the senior leaders and the Chief Minister of the Government of Maharashtra. Immediately thereafter, on 17.03.2021 an Order vide Notification of the Home Department bearing no. IPS-2021/Vol.No.107/Pol-1 was issued, by virtue of which, the Petitioner herein was transferred from the post of the Police Commissioner of Mumbai to the Home Guard Department in an arbitrary and illegal manner without the completion of the minimum fixed tenure of two years.
The transfer of the petitioner in the aforesaid circumstances is for reasons smeared with malice. Such transfer followed by adverse media publicity by said Shri Anil Deshmukh, is in violation of Article 14 and 21 of the Constitution of India, in teeth of the law laid down in T.S.R. Subramanian v. Union of India, reported in (2013) 15 SCC 732, and in clear non-compliance with the provisions of Indian Police Service (Cadre) Rules, 1954 as amended in 2014. Further, the transfer of the Petitioner is also contrary to the law laid down in T.P. Senkumar v. Union of India, reported in (2017) 6 SCC 801 wherein it was held that transfer of an officer from a sensitive tenure post requires serious consideration and good reasons that can be tested.
Petitioner submitted that he is being merely made a scapegoat in the entire episode relating to Antilia bomb scare with oblique purposes and sinister motives, merely on speculations, conjectures and surmises.The decision to transfer the Petitioner from his posting as the Commissioner of Police, Mumbai is more of a political move with oblique purposes and sinister motives. It is submitted that the Petitioner was leading various important investigations and was at the cusp of unearthing startling discoveries.
Singh submitted that the Government of Maharashtra has already withdrawn consent for CBI investigations into the offences within the State of Maharashtra. Therefore, there is no other equally efficacious and expedient remedy save and except seeking such directions the writ petition filed under Article 32 of the Constitution of India.
(a) Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondent No. 2 Central Bureau of Investigation to immediately conduct unbiased, uninfluenced, impartial and fair investigation in the various corrupt malpractices of Shri Anil Deshmukh, the Home Minister of Government of Maharashtra;
(b) Issue any appropriate writ, order or direction to quash and set aside the Order concerning the transfer of the Petitioner from the post of Police Commissioner, Mumbai as illegal and arbitrary, in violation of Articles 14 and 21 of the Constitution of India, for each of the grounds namely for being without the completion of the minimum fixed tenure of two years in teeth of the law laid down in T.S.R. Subramanian v. Union of India, reported in (2013) 15 SCC 732, in clear non-compliance with the provisions of Indian Police Service (Cadre) Rules, 1954 as amended in 2014, and being contrary to the law laid down in T.P. Senkumar v. Union of India, reported in (2017) 6 SCC 801 wherein it was held that transfer of an officer from a sensitive tenure post requires serious consideration and good reasons that can be tested;
(c) Issue appropriate orders or directions to safeguard the petitioner from any further coercive steps apprehended in the retaliation for laying bare the corrupt malpractices of Shri Anil Deshmukh, the Home Minister of the Government of Maharashtra;
The Writ Petition has been filed through Abhinay, Advocate on Record and is drawn by Advocate Utsav Trivedi of TAS Law.