NEW DELHI: The Supreme Court on Thursday transferred to the Central Bureau of Investigation the probe into charges of corruption and misconduct against former Mumbai police commissioner Param Bir Singh, directing the Maharashtra Police to cooperate by handing over all records to the central agency within a week.
Declining to interfere with Singh's suspension and setting aside the Bombay High Court ruling, the top court said: "The disturbing scenario presented before this court deserves an inquiry. We are not saying Param Bir Singh is a whistle blower but a thorough investigation is also in the interest of the State."
The Bench comprising Justices Sanjay Kishan Kaul and M M Sundresh allowed Singh’s appeal for a probe into the allegations of misconduct and corruption and asked the CBI to hold an impartial probe into all five criminal charges lodged by the Maharashtra Police against Singh.
It said a thorough investigation is required to restore faith of people in the state police. "We are unable to accept the contention that an FIR was registered by those who had complaints against the petitioner (Singh). We are of the view that the State itself should have allowed the CBI to carry out the investigation."
"We are of the prima facie view that there is some concerted effort which needs to be investigated by the CBI. What is the truth, who is at fault and how did such a scenario come to prevail, is something which an investigation must unravel. The CBI must hold an impartial inquiry into all these aspects."
Not commenting on merits of the allegations lest it influences the probe, the top court said: "The High Court treated this as a service dispute which it is not and thus we set aside the HC verdict. We allow the appeal and direct that the probe into five FIRs be transferred to CBI with all records.
Senior Advocate Darius Khambata, appearing for the State government, opposed the prayer for transfer of probe to CBI. "Param Bir Singh seeks to adopt the mantle of a whistleblower now after being at the head of this system. He writes this letter and somehow he thinks that this letter will grant him some kind of immunity," Khambata contended.
‘‘No, he is not claiming any immunity...He says investigate everything against me. Here a very murky affair is going on amid echelons of power on who should investigate...Let me make it very clear that I don't consider Param Bir Singh as a whistleblower. But a thorough investigation here is also in the interest of the State," said Justice Kaul, reports Bar and Bench.
Singh's counsel, Senior Advocate Puneet Bali, told the Court that an independent probe by CBI is essential in the case.
"My police officers were called and asked to collect 100 crores from bars etc for the former State Home Minister. This disturbs us and Mr Sharad Pawar concedes this. When this catches fire, I am transferred and Home Minister says there was dereliction of duty on my part," Bali submitted.
He was referring to the episode between former Maharashtra Home Minister Anil Deshmukh and Singh.
"This (cases filed by Maharashtra government) is a clear case of victimisation since this was based on baseless allegations. Look at the price I paid to fight this out. Suppose CBI finds something against me, I will face the music," Bali said, the legal portal adds.
