Supreme Court Directs Maharashtra Police To Not File Chargesheet Against Param Bir Singh; Seeks CBI's Views On Taking Over Probe

The Supreme Court on Monday restrained the Maharashtra police from filing chargesheets in the FIRs against the now suspended former Mumbai Police Commissioner Param Bir Singh, but allowed the investigation to proceed.

The Court also sought the views of the Central Bureau of Investigation regarding taking up the investigation in the FIRs registered by Maharashtra Police against Param Bir Singh over allegations of misconduct and corruption, as they are interlinked with the matters already under the investigation of the central agency.

Solicitor General of India Tushar Mehta, appearing for the CBI, orally expressed that the present FIRs should also be assigned to the CBI. "I feel it should be entrusted to the CBI. But I will file an affidavit articulating the same", the Solicitor General submitted.

Senior Advocate Darius Kambatta, representing the State of Maharashtra, submitted that the Singh's petition is not maintainable as it was a service dispute against departmental enquiries, which should be contested before the Central Administrative Tribunal.

"This is purely a service matter, CAT has exclusive jurisdiction over this. That is why the High Court dismissed his petition as not maintainable", Kambhatta submitted.

Justice Kaul in response said "Prima facie we find this difficult to accept.  Let's not got into the niceties, but since the matter has been assigned already to CBI, why can't this be also entrusted with them?".

Kambatta then told the bench that the Bombay High Court has reserved orders on a writ petition filed by the State of Maharashtra seeking a court-monitored investigation in these matters, as the present CBI Director Subodh Kumar Jaiswal was the DGP of Maharashtra at the relevant time when the contentious transfers and postings took place. The senior counsel added that the CBI Director therefore would at best be a witness, and can even be an accused in the case, and hence the State has doubts about fairness of the CBI probe.

Additional Solicitor General Aman Lekhi then interjected to submit that the CBI had raised preliminary objections to the writ petition filed by the State. The ASG added that the State approached the High Court after the CBI issued summons to the present DGP Sanjay Pandey.

"Mr.Kambatta, even from your submissions, it appears another agency should investigate...", Justice Kaul turned to the senior counsel representing Maharashtra.

"We are only concerned with the likelihood of bias", Justice Sundresh pointed out.

Senior Advocate Puneet Bali, appearing for Singh, told the bench that the Maharashtra Government was acting with "mala-fides" against his client. After the Supreme Court passed the interim order of protection in favour of Singh, the State Government suspended him from service and filed chargesheet against him in one of the FIRs.

"After your lordships' order, I have joined the investigation. All non-bailable warrants and proclamations against me have been cancelled. Then they file a charge-sheet in one of the FIRs. That is a complaint filed by a person against whom I took action. Then they suspended me. The State of Maharashtra is trying to scuttle your lordships orders. When CBI summons Mr. Pande, State of Maharashtra files writ petition saying CBI should not summon him...", Bali submitted. He requested the Court to protect Singh and direct the Maharashtra police to not file chargesheets against him. "Once cognisance has been taken by My Lords as to whether the FIR's should be transferred to CBI, is it fair that they file challans?", he urged.

"Since the petitioner has joined the investigation, let probe continue but no challan be issued", the bench ordered.

The bench has directed the CBI to file its affidavit within a week. The matter will be heard next on January 11. The earlier interim protection given to Singh will continue.

Case Title: Param Bir Singh v State Of Maharashtra| SLP (Criminal) 8788/2021

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