The Supreme Court on Thursday transferred investigations into all criminal cases lodged by Maharashtra police against former police commissioner Param Bir Singh to the Central Bureau of Investigation (CBI), holding that an impartial probe is necessary to regain public confidence in the system.
Turning down the Maharashtra government’s plea to let the state police continue its investigation, a bench of justices Sanjay Kishan Kaul and MM Sundresh directed that the state shall hand over all documents related to five first information reports (FIRs) against Singh to CBI within a week, and all future FIRs against Singh relatable to his tenure as Mumbai police commissioner shall also be transferred to CBI.
The court took note that CBI is already conducting an investigation into Singh’s complaint accusing former Maharashtra home minister Anil Deshmukh of running an alleged extortion racket using the police and that the agency should now examine if the FIRs against Singh are linked with the “battle royale” between the IPS officer and the NCP leader.
“Exigencies and advancement of principles of justice and fair play and impartial inquiry require the investigation to be transferred to the CBI...We are not saying that the appellant (Singh) is a whistleblower... What is the truth, who is at fault, how does such a scenario come to prevail…is something the investigation must go into,” stated the court in its order.
The court noted that a “murky churning” of disputes between Deshmukh and Singh turned into a “battle royale, giving rise to unfortunate proceedings” and therefore, “CBI must hold an impartial inquiry into all these aspects regarding allegations, leading to the registration of FIRs (against Singh) have a ring of truth or are only repercussions of petitioner raising a red flag.”
While senior advocate Darius Khambata, appearing for the Maharashtra government, complained that the transfer of cases to CBI may demoralise the state police force, the bench retorted that the objective of its order is to embolden and gain people’s confidence in the police force.
“This is not a reflection on police force of state of Maharashtra. The troubling situation arising at the higher echelons has presented before us a situation like the present one. 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,” said the bench in its order.
The court also stayed the departmental inquiries initiated against Singh, who was suspended from service in December 2021 and faces a show-cause notice of dismissal from service. “So far as departmental inquiry 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,” said the bench.
The bench further turned down Khambata’s request to monitor the CBI investigation by asking the agency to submit periodical reports.
The court was hearing a petition by Singh, who alleged a witch-hunt against him while seeking the transfer of investigation in five criminal cases from Mumbai Police to CBI. Singh, in his petition filed in November 2021, alleged that as a consequence of this complaint, which he addressed to the state chief minister in April 2020, false criminal cases were foisted upon him at the behest of some criminals against whom, he took action during his tenure as the commissioner of Mumbai Police. The FIRs against him invoke charges of extortion, corruption and atrocities against Scheduled Castes and Scheduled Tribes.
Singh was transferred for his handling of the Antilla bomb scare case in 2021, where an officer of Mumbai police, Sachin Waze, was named the main accused by the National Investigation Agency. He subsequently wrote a letter to Maharashtra’s chief minister making his allegations against Deshmukh.
After being transferred, and with cases being filed against him, Singh went incommunicado for months, leading to speculation that he had fled India, before appearing before the Supreme Court, at its insistence, and being granted protection against arrest by Mumbai Police.
Supporting Singh’s plea, the CBI on Thursday submitted that all cases against Singh should be investigated by the agency, and that an ongoing probe by the local police may prejudice the cases if the court finally decides to transfer all the cases to CBI.
Additional solicitor general KM Nataraj, representing CBI, added that the probe by the local police may also overlap with the agency’s investigations and given the involvement of high-profile personalities, CBI should be allowed to carry out an investigation into all cases.
The Maharashtra government, through Khambata, opposed the petition arguing that there are serious charges against Singh in the FIRs but also that he cannot be allowed to choose his investigating agency. He added there is nothing on record to show how the Maharashtra Police
“When very murky affairs are going on between high echelons of power, who should investigate? We said it is becoming curoiser and curioser...murkier and murkier. What can be murkier than this when the top minister handling the ministry is battling with the top cop. And once he is suspended, there are complainants surfacing against the police officer. Look at the glaring background of this case. I have already said it that nobody comes out washed in milk,” responded the bench.
Khambata contended that the transfer order may demoralise the state police force but the court retorted: “They are already demoralised by what has happened by the high echelons of power...the public faith that is shaken already. The facts are most glaring. If this is not a case where an independent agency should investigate murky affairs, we wonder what else could be.”
