BREAKING| Supreme Court Transfers Investigation Of Cases Against Param Bir Singh To CBI

A Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh allowed the appeal filed by Param Bir Singh and transferred the investigation in 5 FIRs against Singh from Maharashtra Police to the CBI.

While saying that the order is not a reflection on the Maharashtra Police, the Bench said, "We do believe there is some inter se concerted effort being made which requires investigation by agency outside the state police.We are of the opinion that state itself should have offered for investigation to be carried out".

The bench set aside the Bombay High Court's judgment which refused to accept Singh's plea. The Supreme Court said that the High Court erred in viewing the matters are mere service disputes.

"We are unable to accept the findings of the High court which treats these are service disputes. We set aside the HC verdict", the Bench said.

The Bench however clarified that it was not revoking the suspension of Singh. 

"Exigencies and advancement of principles of justice and fair play and impartial enquiry require the investigation to be transferred to CBI. We are not saying that the appellant is a whistleblower; we are not saying anyone in this process is washed with milk. What is the truth, who is at fault, how does such a scenario come to prevail…is something the investigation must get into. CBI must hold an impartial inquiry into all these aspects to find out whether the allegations made in the FIRs have some truth or they are repercussions of the appellant raising the red flag. We are not commenting on the allegations…we don't want in any manner to be influenced by our observation", the bench observed in the order.

"We are unable to accept to treat these as service disputes which they are not and have to necessarily set aside the impugned judgment. We allow the appeal and direct the further investigation into 5 FIRs and PE be transferred to CBI with all records to be handed over in one week. Needless to say, all concerned and State police will render full assistance to the CBI to try to get to the truth", the Bench added.

"So far as departmental enquiry is concerned the very nature of the present proceeding which emanate from one set of allegations, it would be appropriate to await the result of the investigation now entrusted to CBI. We don't know if this is the end of the road or more FIRs may be registered arising from the period the petitioner had served in Maharashtra. If any further FIRs are registered that too shall be transferred to CBI. Needless to say we are not revoking the suspension. This order shall continue subject to any legal remedy as may be available to the appellant", the Bench said.

Court room Exchange

At the outset, the Bench identified the contours of the issue to be determined by it in the present case as under -

"Whether investigation is taken up by the State authority or CBI."

Senior Advocate, Mr. Puneet Bali appearing for Param Bir Singh stated -

"I will show the conduct of the State. How they have proceeded with the matter. Certain things I'll point out that are absolutely shocking.

On a lighter note, Justice Kaul remarked that he found the whole scenario shocking. He asks Mr. Bali to limit his submissions to the issue framed by the Court.

Mr. Bali sought permission to read out the order of the Apex Court dated 22.11.2021 in which the notice was issued. He highlighted -

"We do find the picture very disturbing. An earlier Commissioner seems to show lack of faith in the police! We wonder what would happen to the common man and what kind of faith would they have in the police. The matter has become curiouser and curiouser in the battle between the then Home Minister and the then Police Commissioner. The only question which has to be examined is whether in view of the CBI looking into the matter, the other aspects arising are also to be entrusted to the CBI."

Mr. Bali submitted that CBI had filed a response stating that the matter is inter-linked with the investigation of the former Home Minister of Maharashtra, Mr. Anil Deskmukh and therefore they ought to be permitted to holistically investigate the matter.

Thereafter, he made submissions on the factual background of the matter, which would have some bearing on the issue at hand. He submitted -

"On 29.02.2020, I was appointed as the Police Commissioner…In February, 2021 my police officers were called before the Home Minister and they were told that they must collect 100 crore dance bars, hookah bars in Mumbai for the Home Minister. I not only go to the Chief Minister, but the head of the party also. Mr. Sharad Pawar in his press interview, concedes this fact that I have gone to him. Once this catches fire, on 17.03.2021 I am transferred and a press statement is made by then Home Minister that there was dereliction of duty on my part. On 20.03.2021, I wrote a detailed letter to point out that this is how my officers are called and told to collect money. Then a petition is filed before your lordships under Article 32. My lord says the matter is serious, but at the first instance I must approach the High Court. I approached the Bombay High Court…On 05.04.2021, the Bombay High Court said that the matter is serious, the matter should have a preliminary enquiry…by an independent agency. That matter is carried in appeal before your lordships. On 08.04.2021 in appeal by the State of Maharashtra as well as Mr. Deshmukh, my lords dismiss the SLP. While dismissing the SLP, still makes observations that with the kind of people involved the matter must go to the CBI. On 15th April, I call Mr. Pandey, DGP as a call on process…I am told that I must withdraw my letter and I should not fight the system. On 18th April there is a telephonic conversation where he says that I will fight for you but withdraw the letter or else havoc will fall upon you. He said one person is made ready who is going to come from Thane; cases would be registered against you…On 19th April I put the transcript on record and I write to CBI…On 21.04.2021, CBI registers FIR against Mr. Deshmukh."

To demonstrate the lack of bona fides in the conduct of the State machinery, Mr. Bali submitted that at the first instance the State had filed a petition before the Bombay High Court despite the fact that the CBI inquiry had been considered by the Supreme Court. Thereafter, a preliminary inquiry was ordered against Parambir at the behest of one Mr. Dange against whom, as a senior, Parambir had taken action. Similarly, the other FIRs he stated, were also filed by people against whom Param Bir had taken action when he was in the Force. The State had also filed another petitioner before the High Court stating that the Chief of CBI of Mumbai was working with the affairs of the Mumbai Police at one point in time and therefore, the investigation conducted by CBI would be prejudiced. Moreover, he asserted that when the Supreme Court granted protection from arrest, the Maharashtra Government proceeded with departmental enquiry based on the same allegations.

He made it abundantly clear that his client was not afraid of investigation, but urged the Court for a fair investigation. Given the conduct of the State he expressed doubt that the same would have been possible if the State police investigated the allegations against him.

Mr. Bail argued that the allegations against Param Bir being interlinked with the investigation of Anil Dekhmukh, one Investigating agency should be entrusted with a comprehensive and holistic enquiry of the matter. He added -

"If I have actually done something wrong, I don't own the CBI…Suppose your lorshipps find that CBI says that this is a case of victimisation…I had two choices either to be part of it (extortion) or fight it. Suppose I say the worst against myself. Suppose the CBI finds something against me as far as those FIRs are concerned then I'll face the music…"

Justice Kaul reiterated that the remit of the consideration at this stage is very limited. He stated -

"CBI says we want to do it. State says we will look into it. I don't believe that a long winded order is necessary. Because the Highest Court commenting creates their own prejudices. Therefore look at it into a very narrow compass."

Additional Solicitor General, Mr. K.M. Nataraj appearing for the CBI submitted that the allegations against Param Bir are connected with the ongoing investigation against Anil Deshukh. He contended -

"There cannot be parallel investigation, there cannot be overlapping of subject matter. All the issues have to be comprehensively looked into by the CBI. That is the first aspect…When high personalities are involved in State, it would be desirable as a part of fair investigation that an independent agency looks into it. Otherwise it would be a hurdle to our investigation as well."

Agreeing to the proposition that the matter merits a fair investigation, Senior Advocate, Mr. Darius Khambata appearing for the State of Maharashtra submitted -

"My concern is what happened after the petitioner stepped down. A number of FIRs came to be registered against him. When a person in power against whom serious allegations are made loses that power that embolens people to come forward and agitate complaints. The complaints made in the FIR are very serious. Allegation of extortion, cheating, violation of the SC/ST Act. In Mr. Dange's case it is a complaint made in Feb, 2021. Then the petitioner was not a so-called whistleblower…He is saying that because he wrote that letter he enjoys some immunity."

Justice Kaul stated -

"…when murky affairs are going on between the echelons of power, then who should investigate…"

He asked Mr. Khambata -

"Why should one agency not handle this?"

Mr. Khambata submitted that all the allegations are not connected and those FIRs which are not can be investigated by the State police.

Justice Kaul was of the view that in the interest of the State the matter is wholly gone into -

"It is reflecting on the State; the whole administration and creates dilution of authority where the Home Minister and the Commissioner are involved in serious allegations."

He also added -

"It has become a public show in front of the public how systems do not work. This matter should be investigated and resolved at the earliest because it has an element of public faith in the administration which is involved."

Mr. Khambata stated that the overlapping matters can go to CBI but the rest should not be transferred as it would then demoralise the police force of Maharashtra.

Justice Kaul remarked -

"It is already demoralised by what is going on. That is our concern, one of the well recognised police forces is falling victim to this."

Mr. Khambata suggested -

"I am suggesting a safeguard. These are 5 FIRs in question. Let these investigations proceed one by the CBI, four by the State police, monitored by your lordships' court. A retired judge may be appointed to monitor these investigations."

The Bench suggested that the whole matter can be transferred to CBI and reports can be sought to be filed by the CBI before the Supreme Court.

Factual Background

On 29th February, 2020, Param Bir Singh, an IPS officer of the batch of 1988, was appointed as the Commissioner of Police, Mumbai. On 17th March, 2021 he was transferred as Commandant General of Home Guard, Maharashtra. The next day the then Home Minister, Anil Deshmukh publicly announced that Param Bir's transfer was for his lapse in handling a sensitive matter and not on any administrative grounds. Param Bir on 20th March, 2021 retaliated by sending a letter to the Chief Minister alleging misdeeds of the then Home Minister. Thereafter, Param Bir had approached the Supreme Court seeking CBI probe into the said allegations. But, later withdrew the petition with liberty to approach the High Court. On 05.04.2021, the Bombay High Court directed the CBI to initiate a preliminary inquiry and post completion of the same to decide future course of action. Thereafter, two administrative orders were issued by the State alleging corruption and violation of service norms against Param Bir. Challenging these orders he had approached the Bombay High Court, which directed Param Bir to approach the Central Administrative Agency with his grievances. Aggrieved, he has now approached the Supreme Court seeking relief.