Thread by @LawBeatInd

#SupremeCourt hearing plea by Mumbai's former top cop Param Bir Singh seeking transfer of cases of alleged misconduct and corruption to Central Bureau of Investigation.

Senior Advocate Puneet Bali appearing for Singh submitted that I have prepared a note, want to show the shocking aspect.

Bench: Whole case is shocking.

Bali: My officers were asked to collect Rs. 100 Crores from the bars.

Bali: Maharashtra Government moved against the High Court order, also an FIR was registered on a complaint of a Bookie.

Bali: I don't own the CBI, CBI doesn't stay on my backyard. This is a clear case of victimization because I made alligation. I have only 2 option either to go along with them or fight it out.

Bali: I have put up my whole carrier on stake.

Bench: There are some so called independent people against you, does CBI say yes?

Bali: CBI says yes, State says no.

Bench: We'll have to look at it into a very narrow compass.

Bali: There conduct is such that this will be the last case being investigated by the State. See the leader of the party Milords.

ASG KM Nataraj appearing for CBI submitted that matter needs to be investigated by CBI.
As part of fair investigation it has to be probed by an independent agency.

Senior Advocate Darius Khambata appearing for State of Maharashtra submitted that a thorough investigation needs to be conducted but who should investigate is the question.

Khambata: He writes a letter thinking that this will give him some immunity, he is adopting shield of a whistleblower being the head of the system.

Khambata: This all is based on the media reports.

Justice SK Kaul: Let me tell you Media reports do not bother us, yesterday official made statement that they are not getting fair hearing by judiciary, but we have learnt to through these things out in dustbin.

J Kaul: It's not only this Police Commissionar, last Commissioner heading the CBI you had not faith in him.

Khambata: Milords, let that be monitored by a Judge.

J Kaul: I don't understand, Why should a judge monitor these things.

J Kaul: What if we let the CBI investigation and call the report here.

Khambata: I'll take instructions on the suggestion made by the bench.

J Kaul: Yes sure. See, We are in an era of mistrust of each other. sometimes time may be required for confidence building.

Khambata: Would it be suitable if I comeback tomorrow.

J Kaul: I want to pass orders today, I don't even want to reserve it.

Khambata: I took instructions, we are not in a position to agree to this proposition, this would have adverse affect on our police force.

Khambata: It will demoralise our police force.
In this present matter there is not material before you lordships as to why it is necessary.

J Kaul: Every case should not go to the CBI, but police and ministers are making alligation against each.
What more a system can do, look at the public faith that has shaken.
He is your appointee.

J Kaul: There is Battle Royal going on in someway or the other, but the two personas and now the other one, in this case it certainly requires an investigation.

Khambata: Two wrongs cannot make a right.

J Kaul: If this is not a case where another person is required, I don't know what would be the scenario.

Khambata: I ask myself only one question, how a state investigating in this matter will thwart the CBIs investigation in Anil Deshmukh?

Khambata: If in any manner investigation thwarts the investigation in Anil Deshmukh...

J Kaul: State Police would not be appropriate to investigate in to this.

You have made your proposition loud and clear, we made my proposition loud and clear. We'll say what we have to say.

Khambata: The petitioner has said nothing other than making a bald alligation. He has shown nothing to show impartiality. It is a very serious alligation.

Khambata: There are many other safe guards that this court can lay down. The court can monitor the investigation and they can file reports time to time

Khambata: The petitioner has concealed a fact when he approached the court earlier.

Kaul J: He withdrew with a liberty to file again

Bali: I just need minutes. When I came under 32, I have specifically mentioned that a petition is pending in Mumbai. I have given list of events to the court, all the FIRs filed against me are from April to July, when I was not relieved from duty

Bali: If this is not the case that goes to CBI, I don’t know which other matter. The Home Minister of the State and the Head of a Party have said that they will fix this officer.

Bali: I just want to touch the conscience of this court. The first FIR registered against me was by a police officer against whom I took some action. The second FIR was filed by a person who has 20 cases against me. The third FIR notes a duration when I was not even in India

Bali: I had taken action against all these people in either betting racket or arms case. Police officers take day in and day out take actions against criminals. Has there been any police commissioner against whom 5 FIRs have been filed in one month?

Bali reads from the file which says Param Bir Singh going to Supreme Court is reckless behaviour.

Bali: They say its a service matter before Delhi High Court

Bali: If the court has stopped me from investigating against me, they go and suspend me. They then call it a service matter.

Bali: If these FIRs are registered against me because I placed some transcripts on record and I took action against Deshmukh. I say “hang me if the independent agency finds something is wrong against me.”

BREAKING:
The murky churning between the then HM of Maharashtra and the then Police Commissioner has given rise to these unfortunate proceedings on which we have commented before

At the stage of issuing notice on 22.11.2021, we had sketched out the contours of the controversy that we would be required to examine. We may note that allegations made by Param Bir against Deshmukh about a meeting at his residence alleged to be asking them to accumulate

A target of Rs.100 crores per month is already a part of investigation before CBI in which Deshmukh is in custody. It is in this context that we took an order dated 22.11.2021. Submission of Puneet Bali, Sr. Adv that CBI should investigate and not State police in who he has no

Faith which he used to head in view of what was set out in letter to director CBI

Some allegations are made against the DGP of Mumbai. That aspect pertains to who would investigate. Picture emerging is very disturbing, we had protected Param Bir but asked him to join the investigation

The only aspect which we are called upon to examine now is whether the 5 FIRs against Singh are to be transferred to CBI along with the investigation on Anil Deshmukh.

Counsel for Singh has taken us through the relevant dates to bring us to speed as to what happened when the battle began. Following aspects to be noted

1) FIR No 0277/2021 was filed at Akola station on 28.04.2021 and 29.04.2021 was filed by a police officer and claimed he

Had been approaching various police officers to register an FIR but was not successful. He has 5 cases registered against him.

2) FIR 299/2021 at Marine Drive police station by Shyam Sundar Agarwal date of occurrence is Feb 2020 he has cases against him

3) FIR by Sharad Agarwal offences are from 2016-18 alleging extortion.

4) FIR at Thane by Ketan Thanna period of offence from 2018-2019 against who also cases are pending

5) FIR at Goregaon by Bimal Agarwal qua offences from Jan 2020-March 2021

Bimal was arrested by EOW for cheating the government. He alleges that it was done at the behest of the appellant.

6) Enquiry by State of Maharashtra dated 20.04.2021 to look into the allegation by Anoop Dange who was suspended.

Incidentally Dange was reinstated in March 2021

He thus contends that what could be better facts to shift these investigation against an independent agency.

We have called upon CBI to place their stand and in the affidavit filed by them it has been stated that the investigation against Deshmukh is in progress

In so far as the present controversy is concerned it has been categorically stated that the matter has to be entrusted to CBI for complete investigation.

In order to ensure the integrity of the investigation by the CBI a detailed analysis and the PE referred aforesaid would be relevant.

It has been averred that in view of what has been noticed by the court in 22.11.2021. There was an endeavour to meddle in the court entrusted investigation. State counsel says that one FIR is directly connected

Darius Khambata has urged us to keep in mind the federal structure of the country, faith in police and the appellant trying to chose the investigating agency

We did put to the Ld.Senior Counsel as to what more could shake the confidence in police if not for the current situation. This is not a comment on the police force of Maharashtra. But the troubling situation at the top that has occurred

We are unable to accept the plea that FIRs are being registered since Singh has lost power. We believe there is some concerted effort which needs the investigation by CBI. We are of the view that that State itself should have offered to transfer it to CBI

Exigency to ensure fair play require the investigation by CBI. We are not saying Singh is a whistle blower. What is the truth, who is at fault, how did the scenario come to prevail is something that needs to be looked into.

CBI must hold an impartial enquire to ascertain the truth as to whether these FIRs are repercussions of Singh having raised red flag. We are not observing anything on merit.

We are unable to accept that these are service dispute as found by High Court and this set aside. We thus allow the appeal and direct the other proceedings to be transferred to CBI to all the records being handed over in one week from today

Khambata: Regardless of all this, the fact of the matter is from April 2021 to the time he was protected, he was absconding. As far as his service enquiry is concerned, that may not be interfered with

Khambata: Will his suspension continue?

Court: Yes.

Court: So far as the departmental proceedings are concerned it would be appropriate to wait for the CBI investigation. We do not know if this is the end of the road, any further FIRs shall also be transferred to CBI