Supreme Court to continue hearing petition filed by ex top cop Param Bir Singh seeking protection from coercive steps by Mumbai police in the cases registered against him.
Expressing concern over the "messy state of affairs" highlighted by ongoing legal battle between former Mumbai Police Commissioner Param Bir Sigh with the state administration, SC says that it is a very very unfortunate situation.
SC says that it will take a call on whether the FIRs lodged by Maharashtra police against Param Bir Singh be handed over to CBI or not and asked the state govt to keep its hands off from those cases till it decides the issue.
Supreme Court posts plea filed by Param Bir Singh for final disposal for March 9, 2022.
Top Court has asked State of Maharashtra to completely stay its hands.
Sr Adv Khambata for Maharashtra has assured that in all senses the matter will be on hold.
Sr Adv Puneet Bali for Param Bir Singh
Sr Adv Darius Khambata for the State of Maharashtra
SG Tushar Mehta for CBI
Counsel for Parambir Singh: SLP is not being listed. When your lordship says that the matter should be enquired by the CBI, FIR is registered by CBI & State of Maha approaches HC for quashing of CBI.
I have never seen HC passing such order. Superseding SC's order.
Counsel: They have presented challan in one of the FIR's. This is absolutely going out of hand. If these are not matters to go to CBI, then what?
Kaul J: What has happened to your SLP Mr Khambata? if you want something to be listed you can get it listed. It's CJI's prerogative. We must know your fate. As the position stands now, there is no impediment in handing over to CBI.
Khambata: We will get it listed.
Counsel for Parambir Singh: it has no bearing at all.
Kaul J: then we can proceed with the HC's Judgement as correct view & proceed. In view of nature is going on, if one set has gone to CBI, we have to see if this also should not go to CBI or not.
Kaul J: Suppose in our view whether it had some link where court says that CBI should not investigate on the issue. That is what pursued us to defer the matter.
Counsel for Singh: they feel a bias in one case but they don't feel the bias for me.
Kaul J: We will proceed now that there is no objection to you other than the merits of the case.
Khambata: I'l mention matter & get it listed. We have not filed a challan in this case. We have clearly said in form 5C that its not against the petitioner. This was red herring
Kaul J: I take assurance that no challan has been filed against him (Singh), Mr Khambata.
Khambata: All of these are attempts to prejudice.
Kaul J: In these 2 many years I don't think its easy to prejudice one another.
Khambata: CBI has filed 5 FIR's.
Kaul J: We have had occasion to say earlier that it is messy state of affairs. Very unfortunate situation. it has the propensity of unnessarily shaking confidence of people in police system. Process of law must be carried on in particular manner.
Counsel for Singh: You record witnesses. When you file challan, the investigation is almost over. CBI's affidavit is not the way.
Kaul J: That's the 2nd way. Let's deal with the application first.
Counsel for Singh: Additional papers are this that in 1 cases they filed challan & they say that there is no challan against my client.
SG: It is in fitness that all FIR's should be handed over to one agency & I believe that it should be CBI.
SG: Once you proceed with investigation & start recording statements, you tend to make CBI's case difficult. Recording statements etc does take investigation in particular direction.
Kaul J: We will not wait for every week for you to take a call on the matter. We will list it on 2nd March for Final Disposal.
Is it fine?
Kaul J: In the meantime, please COMPLETELY STAY your hands.
Khambata Interjects: 9th march?
Kaul J: Okay. You please stay your hands. We don't know if investigation has to be transferred to the CBI. But we want to take a final view.
ORDER
On 11.1.2022 we had deferred consideration to a wait what view the court would take in the SLP. It was expected that the state govt would make all endeavor to see that all objections would be removed but it has not happened.
Counsel for the state says that SLP is in limited domain & should not impede hearing of present matter.
We consider it appropriate to proceed with the matter finally. As matter is of such nature that we may have to take clal one way or the other. Pleadings are complete.
List on 9th March at joint request of parties for final disposal in Misc Matters.
Application filed seeks to bring on record additional documents. Documents are sought to be brought on record for making a grievance that the order of this court dated 6.12.2021 has been violated at least its spirit as challans have been filed.
On other hand affidavit by respondent that it's not so & though challan has been filed against other accused it has not been filed by the petitioner. This is so that some parties would be entitled for default bail if this is so done.
We've heard Counsel for Parties including SG for CBI.
We have now put down matter for final hearing & if we were to be inclined to pass an order as per what the CBI & petitioner says, investigation being completed would cause problems.
Sr Adv Khambata assures that in all senses the matter will be on hold, we take the assurance on record.
We do not believe that in nature for proceeding intervention is called for. But we permit the counsel to assists us.
ORDER IN CASE OF BINU VARGHESE
COP has prayed for 2 weeks time to file rejoinder.
Matter is detached & be listed on April 5, 2022. Interim orders to continue.
