38.6c New Delhi, India, Monday, June 17, 2024

Bombay High Court reserves its judgement on the maintainability of Param Bir Singh’s challenges to Maharashtra Government’s Enquiries

By Celin Sunil      02 August, 2021 10:26 AM      0 Comments
Bombay High Court reserves its judgement on the maintainability of Param Bir Singh’s challenges to Maharashtra Government’s Enquiries

The Bombay High Court on Wednesday, July 28, 2021, reserved its order on the maintainability of ex-Mumbai Police Commissioner Param Bir Singh's plea challenging two enquiries initiated against him by the Maharashtra Government. A division bench of Justices SS Shinde and NJ Jamadar reserved its order on Singh's plea filed under Article 226 of the Constitution of India invoking Article 14 (equality before law), Article 19 (1)(a) (right to freedom of speech and expression) and Article 21 (right to live with dignity) of the petitioner. 

The State contended the Central Administrative Tribunal was the appropriate forum for Singh's grievances as these were administrative enquiries related to his conduct when he was the Commissioner. However, Singh claimed that these were not administrative enquiries but criminal enquiries as there was a reference to Section 32 of the CrPC. Thus, his only remedy was before the High Court.

Senior Advocate Mahesh Jethmalani, arguing for Singh, alleged that the enquiries dated April 1 2020, and April 20, 2021, were issued by the State Home Ministry a month after he accused the Home Minister Anil Deshmukh of corruption. Henceforth, the enquiries are only meant to target and harass him.

State Counsel Khambata submitted that section 28 of the Administrative Tribunals Act excludes the jurisdiction of all the courts except the Supreme Court in service matters. At the beginning of the hearing, Singh's lawyers tried submitting amended prayers in the petition. However, the court refused to accept it as it was being furnished at the last moment.

Jethmalani, on Wednesday, vehemently defended Singh's petition without restricting himself to the maintainability of the plea. He said that enquiry was initiated by the State Home Department headed by none other than Anil Deshmukh, at the time.

Jethmalani informed the court that Param Bir had written a letter on April 19, 2021, to the CBI, regarding the attempt to thwart the enquiry directed by the High Court into corruption allegations against Anil Deshmukh. He further stated that the first inquiry into officer Anup Dange's complaint was a preliminary enquiry under the Criminal Procedure Code.

“The State Government thinks everyone is naive that they have now removed Sanjay Pandey. But Mr. Sanjay Pandey was an emissary of the State Government. He was trying to cajole Mr. Param Bir Singh into withdrawing his complaint. The DGP of Maharashtra was offering to mediate between the government and me,” said Jethmalani while referring to Pandey’s recusal from the enquiries.

Share this article:

Leave a feedback about this

Trending Crime, Police And Law
Women, including housewife, approach NCW against controversial IPS officer Gyaneshwar Singh

Two women approach NCW against controversial IPS officer Gyaneshwar Singh, citing harassment for tweets based on news reports about his involvement in high-profile cases.

17 June, 2024 03:10 PM
Trending Judiciary
Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [June 10 - June 15]

Get the latest updates from the Supreme Court of India and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

17 June, 2024 03:29 PM


Trending Judiciary
Plea filed in SC for fresh NEET

Plea filed in Supreme Court seeks fresh NEET-UG 2024 exams due to alleged paper leaks and malpractices. Petitioners demand a Special Investigation Team and preventive measures.

11 June, 2024 10:49 AM
Trending Judiciary
'Plant 30 trees', Delhi HC orders senior citizen accused of outraging woman's modesty

Plant 30 trees Delhi High Court orders senior citizen accused of outraging womans modesty

11 June, 2024 11:17 AM
Trending Judiciary
No liability under NI Act for dishonoured cheques of merged banks presented after validity period [Read Order]

Allahabad High Court rules that dishonoured cheques from merged banks presented after the validity period won't attract liability under Section 138 of the NI Act.

11 June, 2024 11:29 AM
Trending Executive
Modi 3.0 Cabinet: Full list of ministers and their respective portfolios

Modi 3.0 Cabinet: Amit Shah, S. Jaishankar, Nirmala Sitharaman, and Rajnath Singh retain key roles; allies TDP, JD(U), LJP, JD(S) secure major ministries.

11 June, 2024 03:11 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email