‘You Don’t Trust Your Own State?’ SC on Param Bir Singh’s Plea

Singh had sought a transfer of all the criminal cases levelled against him from Maharashtra Police to the CBI.

The Supreme Court on Friday, 11 June, refused to entertain a plea, advanced by former Mumbai Police Commissioner Param Bir Singh, that sought for a transfer of all the criminal cases levelled against him from Maharashtra to another independent agency, such as the Central Bureau of Investigation (CBI).

Singh’s plea alleges that the inquiry officer of the Maharashtra state government has threatened to file false cases against the top cop, unless Singh withdraws the complaint lodged by him against former Home Minister Anil Deshmukh, as per a LiveLaw report.

Param Bir Singh was transferred from the post of Mumbai Police Commissioner to the Home Guards department on 17 March 2021, after he wrote a letter to the government advancing allegations of corruption against former Maharashtra Home Minister Anil Deshmukh.

What Happened During the Hearing?

Singh, in his petition, asserted that he did not have confidence in the departmental inquiry being undertaken against him by the Maharashtra government and sought the transfer of the ongoing investigation to another state. He also requested the Bench to transfer the criminal cases filed against him to the CBI or any other independent agency.

Senior Advocates Mahesh Jethmalani and Puneet Bali were part of the defendant's counsel.

The apex court expressed its disapproval over Singh’s distrust of the state police’s investigations, a body which he himself had headed until recently.

The Bench, comprising of Justices Hemant Gupta and V Ramasubramanian, remarked "You are the part of a Maharashtra cadre. You served the state for 30 years. And now you don't trust the functioning of your own state? This is a shocking allegation!"

Police Officer Bhimraj Rohidas Ghadge had also submitted an application before the court, countering the handover of the cases lodged against Singh to the CBI, a Bar and Bench report said.

Ghadge’s application suggested that Singh’s petition to this purpose was indicative of pure abuse to the due protocol of law.

The bench refused to accept the defendant's plea to pass a blanket order permitting the transfer of all the FIRs filed against him.

The court granted Singh the option to retract his petition and approach the Bombay High Court with the plea if he so wished.

(With inputs from LiveLaw and Bar and Bench)