New Delhi: The Supreme Court Wednesday refused to entertain former Mumbai Police commissioner Param Bir Singh’s petition in which he had sought a CBI probe into what he described as “various corrupt malpractices” by Maharashtra Home Minister Anil Deshmukh.
A bench led by Justice Sanjay Kishan Kaul said the contentions raised in Singh’s petition are serious in nature and affect the public at large, but observed that high court was the appropriate forum to file such a petition. The court gave Singh liberty to move a fresh plea before the Bombay High Court.
In a writ petition filed under Article 32, 1988-batch IPS officer had asked the top court to quash the state government order that removed him as the Mumbai Police commissioner and posted him as Director General (Home Guards).
“The petitioner has invoked writ jurisdiction of this Hon’ble Court to seek unbiased, uninfluenced, impartial and fair investigation in the corrupt malpractices of Shri Anil Deshmukh, the Hon’ble Home Minister of Government of Maharashtra, before the evidences are destroyed,” stated Singh’s petition.
Singh’s lawyer, senior advocate Mukul Rohatgi, urged the bench to hear the matter “of some serious proportions”. He said the scandal had rocked the entire country, with a senior woman police officer Tuesday supporting Singh’s allegations.
“The officer has said that the minister has been taking money for effecting police transfer,” Rohatgi added. According to him, the transfer of Singh and other officers is in violation of the Supreme Court verdict in the Prakash Singh case that prohibits transfer of senior officers without completing two years’ tenure.
“It can only be done when a police officer is facing an inquiry,” Rohatgi said. Justice Kaul commented that no state was following the guidelines laid down in the Prakash Singh case. “States do not want to give up the control over their police,” the judge said.
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They are making allegations after falling apart: SC
Justice Kaul went on to say that since HC was already seized of a public interest litigation (PIL), it was better for Singh to approach it.
The judge also remarked that though Singh has raised an important question, his allegations come only after he and the minister fell apart.
“Let us be clear the concerned parties were quite hunky dory and now after falling apart they are making allegations against each other. Let the HC deal with this,” the bench said, refusing to get drawn into the controversy.
Singh’s petition reiterated his allegations against Deshmukh that were made in the letter released to the media days after the home minister publicly claimed that Singh’s transfer was not a routine administrative move and the decision was taken after a probe revealed “serious errors” in the commissioner’s office.
Singh’s transfer was linked to the 25 February case in which a Scorpio with 20 gelatin sticks was found parked near industrialist Mukesh Ambani’s Mumbai residence Antilia. Mansukh Hiren, the owner of the SUV, was subsequently found dead and a police officer, Sachin Waze, was arrested earlier this month for his alleged involvement in the matter.
At a press conference last week, Deshmukh had claimed that certain “unforgivable” details have emerged during investigations by the Anti-Terrorism Squad (ATS) and the National Investigation Agency (NIA), and Singh’s transfer was done to make sure the probe into the matter concerning Waze is conducted “properly and without hindrance”.
Singh, however, maintained in his petition that Deshmukh’s abuse of the official position warranted a CBI investigation. He claimed that he was transferred out of the Mumbai Police pursuant to his “startling revelation” against Deshmukh to other senior ministers.
Singh also said he now feared further malicious and coercive actions against him, at the “instance of the disgruntled honourable home minister”.
Deshmukh, Singh said, held meetings in February this year at his residence with police officers, including Waze, of Crime Intelligence Unit, Mumbai, bypassing their seniors and had “instructed them” about his “target to accumulate Rs 100 crores every month”. He had directed the officers to collect money from various establishments and other sources.
(Edited by Sanghamitra Mazumdar)
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ofcourse SC won’t be interested in such things. they are interested in running the BCCI , governance of the country by framing new farm laws etc. poor guys where do they have time for such serious matters?
Under Article 226 of the Constitution, the High Courts have wider jurisdiction than the supreme court under Article 32. But, high profile people rush to the SC either because the SC has been rather lenient in admitting high profile cases. Or perhaps, even a casual observation by the SC that matter deserves serious attention would help them to get foot before the High Court. As the court rightly observed, until few days back this CP and Minister were very pally. Allegations fly thick and fast when the relationship fell apart. Parmbir Singh too perhaps has a lot answer for. It takes two to tango.