SC transfers probe against ex-Mumbai Police Commissioner Param Bir Singh to CBI

New Delhi [India], March 24 : 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 enquiries against him from Maharashtra Police to the CBI.
The apex court asked 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 judgement 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."
The apex court also observed that it was not of the view that Singh is a whistle-blower or anyone involved in this case is washed with milk.
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."
It asked, "when murky affairs are going on between the echelons of power, then who should investigate".
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," Nataraj added.
Senior advocate, Darius Khambata appearing for the State of 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 earlier apex court had sought CBI's view on probing the cases as they are interlinked with the matters already under the investigation of the central agency.
The apex court had also granted interim protection to Singh from arrest.
Singh had approached the top court against the September 16, 2021 judgment of the Bombay High Court which dismissed as not maintainable his pleas challenging the two enquiries orders issued by the State Home Ministry for allegedly violative service rules and the second over allegations of corruption.
The apex court had also expressed concern over the ongoing fight between Deshmukh and Singh saying the matter has become "curiouser and curiouser".
Singh's counsel had told the apex court that six cases of corruption and extortion were filed against Singh after he wrote a letter to Maharashtra Chief Minister Uddhav Thackeray levelling corruption and misconduct against the then Home Minister and senior NCP leader Anil Deshmukh.
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.