On Wednesday, the Supreme Court of India rejected the petition by former Mumbai Police Commissioner Param Bir Singh, seeking a CBI probe into the allegations of ‘abuse of power’ against sitting Maharashtra Home Minister Anil Deshmukh. He had also challenged his ‘arbitrary transfer’ from the post of Mumbai CP in his petition filed on Monday.
As per reports, a 2-Judge Bench comprising of Justices Sanjay Kishan Kaul and Hrishikesh Roy noted that the allegations and counter-allegations are serious in nature. “We do acknowledge the matter is serious. But power of article 226 is wide. The High Court can deal with it,” the Bench said. While dismissing his plea, the Supreme Court granted Param Bir Singh the liberty to approach the Bombay High Court.
former Mumbai Police chief Param Bir Singh withdraws the plea from Supreme Court & says he will approach the Bombay High Court— ANI (@ANI) March 24, 2021
“Liberty to approach the High Court granted,” Supreme Court says in it’s order.
In his petition, Param Bir Singh said that his transfer through an order on March 17 was a violation of Article 14 (Equality before law) and Article 21 (Protection of life and personal liberty) of the Constitution. He added that his transfer violated the ‘established principle of stability of tenure of civil servants.’ The petition read, “It is submitted that this Hon’ble Court in the case titled T.S.R. Subramanian v. Union of India, reported in (2013) 15 SCC 732, it was held that such transfers are against the public interest.”
It further added, “The transfer of the Petitioner from the post of Police Commissioner, Mumbai has been done without any justifiable reasons and only upon the whims of the political executive.” Param Bir Singh also argued that Maharashtra Home Minister interfered frequently with police investigations and displayed ‘malicious intent’ to extort money from various restaurants and other establishments in Mumbai.
“This shows interfering in the investigations and directing the same to be conducted in a particular manner, and corrupt malpractices in posting/transfers of officers, cannot be countenanced or justified in any democratic State,” he said. The petition emphasised, “These acts of political interference are illegal & unconstitutional and Courts in our country including the Hon’ble Supreme Court of India have in the past come down heavily on such acts of interference in police investigations.”
Letter of Param Bir Singh to Maharashtra CM and counter-allegations
The Mumbai cop had created a lot of stir after writing a letter to CM Thackeray on the 20th of March. He said in his letter, “Sachin Vaze, who was heading the Crime Intelligence Unit of the Crime Branch of Mumbai Police was called by Shri Anil Deshmukh, Hon’ble Home Minister, Maharashtra, to his residence several times in the last few months and repeatedly instructed to assist in the collection of funds for the Hon’ble Home Minister.”
Anil Deshmukh had promptly denied the allegations and claimed that Param Bir Singh was making false allegations to avoid legal consequences over his own involvement.