Supreme Court opines that the probe against former Mumbai Police Commissioner should be done by an external agency while Mumbai police can continue investigation

The court was hearing a Special Leave Petition  (SLP) filed by Singh against the judgment of Bombay High Court dated September 16. The High Court had dismissed the petition by Singh challenging two preliminary inquiries against him by the government.

A Supreme Court bench of Justice Sanjay Kishan Kaul and MM Sundaresh has opined that the probe against the former Mumbai Police Commissioner Param Bir Singh maybe conducted by an external agency while the Mumbai police can continue with their investigation. The bench however directed Mumbai police not to issue any challans to Singh.

When the hearing of the case commenced, Puneet Bali, Senior Advocate, appearing for Singh submitted that that both State of Maharashtra and the DGP have filed their counter affidavits while the CBI has not done so as yet. Tushar Mehta, Solicitor General, appearing for the CBI submitted that they have nothing to contest. The bench however insisted that CBI files their affidavit.

Darius Khambatta, Senior Advocate, appearing for the State of Maharashtra submitted that he was objecting that the investigation be transferred to CBI. The bench at this point questioned Khambatta as to what his allegations were with respect to Singh’s service. Khambatta submitted that Singh was police commissioner several months and when things were not going in his favour, he leaked a letter to the media. Khambatta vehemently contended that Singh was not a whistle blower.

The bench at this point told Khambatta that it was the government that appointed Singh as the commissioner and that the only aspect they should consider is to whether or not they should entrust the investigation to the CBI. Khambatta submitted that the the current director of CBI was the chairman of the police establishment board and that he was also responsible for transfer, Khambatta hinted at the fact that the director may be a witness.

Puneet Bali, Senior Advocate for Singh submitted that the court had passed an interim order and Singh has joined every investigation.

The court on hearing the parties ordered that the State of Maharashtra and the DGP have filed their counter affidavits and that a week’s time is granted to the CBI file their counter affidavit. The court while extending the interim order protecting Singh from arrests permitted the State of Maharashtra to pursue their investigation.

On the last date of hearing Supreme Court granted protection to  Singh from being arrested. The court also directed Singh to join the investigation.The court while noting that the only question which needs to be examined is whether the case should be entrusted to the CBI or not, issued notice to respondents.

The matter is now listed for hearing on the 11th of January 2022

Case title: Param Bir Singh VS State of Maharashtra