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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 Justices Sanjay Kishan Kaul and MM Sundaresh today granted protection to former Mumbai Police Commissioner Param Bir 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, returnable on 6th December.
When the hearing of the matter commenced, Puneet Bali, Senior Advocate, appearing for Singh submitted that Singh was in India and he had himself spoken to him. He further submitted that there is a threat to his life the moment he touches Maharashtra and hence he had to resort to this.
Last week, the Top Court had refused to hear a plea filed by former police commissioner of Mumbai, Parambir Singh, until he reveals his whereabouts to the court. The plea challenges inquiry initiated against him by the Maharashtra Government.
Bali argued that the present Director General of Police, Maharashtra, had asked Singh to withdraw the letter he wrote to Chief Minister against former Home Minister Anil Deshmukh and if he fails to do so, many cases will be filed against him. He further submitted that the DGP has not denied this anywhere.
He submitted that the writ petition before the High Court seeking CBI enquiry into allegations against Singh was dismissed at the threshold by directing Singh to approach the Central Administrative Tribunal (CAT) and that the order was inconsistent. Bali also undertook that Singh will appear before any CBI officer or the CBI court on the directions of the court.
Bali submitted that the letter written by Singh against Anil Deshmukh and the investigation against Singh should be investigated by the same authority and cannot be separated. Bali further read the transcript of the chat between Singh and Sanjay Pandey, the present DGP of Maharashtra to drive home his point.
The court on hearing Bali's submission noted that they find the picture of the current situation in Maharashtra very disturbing and that matter has become curiouser and curiouser. The court directed Singh to join the investigation and granted him protection against arrest.
It is to be noted that a Mumbai court last week, on an application by Mumbai police declared Singh as a ‘proclaimed offender.’
Case title: Param Bir Singh Vs State of Maharashtra & Ors
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