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BREAKING : Justice BR Gavai Recuses From Hearing Param Bir Singh's Plea Against Maharashtra Govt Inquiries
LIVELAW NEWS NETWORK
18 May 2021 1:26 PM IST
Supreme Court judge Justice BR Gavai recused from hearing a writ petition filed by expelled Mumbai police commissioner Param Bir Singh challenging the departmental inquiries initiated against him by the Maharashtra Government.The petition was listed today before a vacation bench comprising Justices Vineet Saran and BR Gavai. When the matter was taken, Justice Saran told Senior Advocate...
Supreme Court judge Justice BR Gavai recused from hearing a writ petition filed by expelled Mumbai police commissioner Param Bir Singh challenging the departmental inquiries initiated against him by the Maharashtra Government.
The petition was listed today before a vacation bench comprising Justices Vineet Saran and BR Gavai.
When the matter was taken, Justice Saran told Senior Advocate Puneet Bali, who was representing Param Bir, that "his brother has difficulty in hearing the matter".
Senior Advocate Bali had by then started his submissions by saying that a "witch-hunt" was going on against Param Bir Singh in violation of the orders of the Supreme Court and bombay High Court
"I cannot hear the matter", Justice Gavai, whose parent High Court is Bombay High Court, told the lawyer.
The bench directed the listing of the matter before a bench in which Justice Gavai is not a member.
In his petition, Singh alleges that the inquiry officer of the state government is threatening him with false cases unless the complaint made by him against former Home Minister Anil Deshmukh - which is being investigated by the CBI as per orders of the Bombay High Court- is withdrawn. The former Mumbai top cop says that he has submitted before the CBI the transcripts showing alleged phone call conversations from the inquiry officer threatening him.
In the writ petition filed before the Supreme Court, Singh has prayed for a direction to the CBI to act on his representation made against the alleged threats made by the Maharashtra Government's inquiry officer.
Expressing no-confidence with the probe under the Maharashtra Government, Singh has sought for transfer of all departmental enquiries already initiated to another state.
Further, he seeks transfer of inquiries already initiated or contemplated for any punitive prosecution to an independent agency like the CBI.
Singh, who was shifted from the post of Mumbai Police Commissioner to the Home Guards department on March 17 this year, had written a letter to the government alleging corruption and misuse of official position by Deshmukh.
The letter from March 20 alleged that Deshmukh met with subordinate police officers, including suspended Assistant Police Inspector Sachin Waze, in February and asked for collection of Rs 100 crore per month.
After hearing a clutch of PILs, including one by Singh, the Bombay High Court had, on April 5 issued directions for the Central Bureau of Investigation to conduct a preliminary enquiry into the allegations levelled by in Singh's letter. Deshmukh resigned as State's Home Minister pursuant to these directions.
On April1, the Maharashtra government directed DGP Sanjay Pandey to initiate preliminary inquiry against Singh for alleged violation of All India Service(Conduct) Rules. The Maharashtra police has also registered an FIR against him alleging corruption.
Singh has filed a writ petition in the Bombay High Court challenging the FIR and the departmental inquiry. Before the High Court, the Maharashtra Police gave an undertaking not to arrest him till May 20.
