BREAKING| Supreme Court Transfers Investigation Of Cases Against Param Bir Singh To CBI

The Supreme Court on Thursday transferred the investigation of the cases against former Mumbai Police Commissioner Param Bir Singh to the Central Bureau of Investigation. A Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh allowed the appeal filed by Param Bir Singh and transferred the investigation in 5 FIRs against Singh from Maharashtra Police to the CBI.While saying that the order is not a reflection on the Maharashtra Police, the Bench said, "We do believe there is some inter se concerted effort being made which requires investigation by agency outside the state police.We are of the opinion that state itself should have offered for investigation to be carried out". The bench set aside the Bombay High Court's judgment which refused to accept Singh's plea. The Supreme Court said that the High Court erred in viewing the matters are mere service disputes."We are unable to accept the findings of the High court which treats these are service disputes. We set aside the HC verdict", the Bench said.The Bench however clarified that it was not revoking the suspension of Singh. "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…we don't want in any manner to be influenced by our observation", the bench observed in the order."We are unable to accept to treat these as service disputes which they are not and have to necessarily set aside the impugned judgment. We allow the appeal and direct the further investigation into 5 FIRs and PE be transferred to CBI with all records to be handed over in one week. Needless to say, all concerned and State police will render full assistance to the CBI to try to get to the truth", the Bench added."So far as departmental enquiry is concerned the very nature of the present proceeding which emanate from one set of allegations, it would be appropriate to await the result of the investigation now entrusted to CBI. We don't know if this is the end of the road or more FIRs may be registered arising from the period the petitioner had served in Maharashtra. If any further FIRs are registered that too shall be transferred to CBI. Needless to say we are not revoking the suspension. This order shall continue subject to any legal remedy as may be available to the appellant", the Bench said.Court room ExchangeAt the outset, the Bench identified the contours of the issue to be determined by it in the present case as under - "Whether investigation is taken up by the State authority or CBI." Senior Advocate, Mr. Puneet Bali appearing for Param Bir Singh stated - "I will show the conduct of the State. How they have proceeded with the matter. Certain things I'll point out that are absolutely shocking. On a lighter note, Justice Kaul remarked that he found the whole scenario shocking. He asks Mr. Bali to limit his submissions to the issue framed by the Court. Mr. Bali sought permission to read out the order of the Apex Court dated 22.11.2021 in which the notice was issued. He highlighted - "We do find the picture very disturbing. An earlier Commissioner seems to show 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 curiouser and curiouser 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." Mr. Bali submitted that CBI had filed a response stating that the matter is inter-linked with the investigation of the former Home Minister of Maharashtra, Mr. Anil Deskmukh and therefore they ought to be permitted to holistically investigate the matter. Thereafter, he made submissions on the factual background of the matter, which would have some bearing on the issue at hand. He submitted - "On 29.02.2020, I was appointed as the Police Commissioner…In February, 2021 my police officers were called before the Home Minister and they were told that they must collect 100 crore dance bars, hookah bars in Mumbai for the Home Minister. I not only go to the Chief Minister, but the head of the party also. Mr. Sharad Pawar in his press interview, concedes this fact that I have gone to him. Once this catches fire, on 17.03.2021 I am transferred and a press statement is made by then Home Minister that there was dereliction of duty on my part. On 20.03.2021, I...

BREAKING| Supreme Court Transfers Investigation Of Cases Against Param Bir Singh To CBI

Sohini Chowdhury

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