The Maharashtra Government will soon file an affidavit defending the former Mumbai Commissioner of Police Param Bir Singh’s transfer in the Home Guards Department. The government will submit that Singh has been transferred as per the Section 22 N (2) of the Maharashtra Police Act, 1951, which specifically talks of mid-term transfers of any police personnel in 'exceptional cases' or in public interest.
In the present case, the transfer was intended to facilitate a free and fair investigation into the Antilia episode.
In its affidavit, the government will also oppose Singh's demand for a CBI probe into corruption charges leveled by him against Deshmukh, reasoning that it was motivated by afterthought.
A senior officer told the Free Press Journal, "Section 22 (N) (2) of the Maharashtra Police Act, 1951, gives chief ministers the powers to order mid-term transfers of any police personnel in exceptional cases or in public interest...Section 22 N (2) talks of exceptional cases and dubious conduct is included in this exception. Noting on file as indicated by Singh also indicates an exceptional case of ensuring free and fair investigation. By this very fact it is clear that presence of Singh as CP would have caused due harm to the investigation and hence is covered under the definition of dubious conduct.’’
The state government’s stand is crucial as Singh in his petition has argued that the official reason for his transfer was given as “administrative exigencies”. He further said he had assisted the investigation conducted by the National Investigation Agency and the Anti-Terrorism Squad into the Antilia incident. There was no case against him that he had in any way obstructed the free and fair investigation into the bomb scare incident.
The government will also mention that Singh has been removed from the post as consequence of some serious issues against him which came to its notice.
Further, the state government is expected to submit that Singh has created conspiracy by leveling corruption charges to deflect the attention from the bomb scare case and Mansukh Hiren death case.
The government will also contest Singh’s submission that the Supreme Court has to act quickly before the evidence against Deshmukh is “destroyed.’’ The government will submit that Singh’s move to level charges against Deshmukh was an afterthought. Moreover, the government will also mention that Singh’s behaviour was unbecoming of a police officer and he is liable for departmental action immediately.