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The Supreme Court on Thursday handed over the investigation into the cases against Maharashtra's former top cop Param Bir Singh to the Central Bureau of Investigation (CBI).

A bench of Justice Sanjay Kishan Kaul and Justice MM Sundresh remarked, "The murky churning between the then Home Minister of Maharashtra and the then Police Commissioner has given rise to this 'battle royale' and these unfortunate proceedings."

Court noted that the controversy began when Singh alleged that the then Home Minister Anil Deshmukh asked him and other police officers to collect a sum of Rs.100 crores as bribes from dance bars and hookah places. Court further noted that this resulted in Anil Deshmukh being taken into custody and being investigated by the CBI.

Court, therefore, held that the "picture emerging is very disturbing that Singh is seeking to transfer the enquiry from the force that he used to head to another independent agency."

Court noted that the five First Information Reports (FIRs) against Singh have been registered after the incident and by people who already have criminal records. Court also rejected the argument of Darius Khambata, Sr. Adv (for Maharashtra government) that these FIRs came to be registered by people since he was not in power anymore. 

Court said "We did put to Mr.Khambata 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 a take on the troubling situation at the top of the department."

Court further said that some concerted effort needs to be taken in order to ascertain the actual truth and hence the FIRs against Singh have to be transferred to the CBI. 

Court remarked "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."

Court further directed that all FIRs that may come to be registered against Singh in the future are also to be transferred to CBI.

Senior Advocate Puneet Bali appearing for Param Bir Singh seeking transfer of investigation to the CBI submitted that the State's conduct is that this will be the last case being investigated by the State.

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

Supporting the arguments of Bali, Additional Solicitor General KM Nataraj, appearing for the CBI, submitted that the matter needs to be investigated by the CBI. As part of a fair investigation, it has to be probed by an independent agency.

On the other hand, objecting to the arguments made by Bali, Sr. Adv. Khambata submitted that a thorough investigation needs to be conducted but who should investigate is the question.

Khambata contended, "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. This all is based on the media reports."

However, the bench responded stating that "Let me tell you, Media reports do not bother us, yesterday some officials from Maharashtra made a statement that they are not getting fair hearing by the judiciary, but we have learned to throw these things out in the dustbin."

The bench suggested that the investigation may be transferred to the CBI and the report of the investigation may be called before the Supreme Court. To which, Khambata sought time to seek instructions till 2:00 PM.

Singh who has once headed the State Police had knocked on the Apex Court's door to quash the FIR against him registered in Mumbai or hand over the investigation in the matter to the Central Bureau of Investigation (CBI).

Previously, refuting Singh's claims that the state has tried to scuttle the proceedings of the CBI, the bench of Justice Sanjay Kishan Kaul and Justice M.M. Sundresh had said the attempt by the police to stop the CBI from probing has not been proved so far.

Further, being told that the state of Maharashtra has filed a Special Leave Petition (SLP) challenging the order of the Bombay High Court which had refused its prayer to formulate an SIT to investigate the allegations leveled by Parambir Singh against former Home Minister Anil Deshmukh, the Court had adjourned the matter.

Directing the matter to be listed after three weeks, the Court had continued the stay on Singh's arrest while also granting interim relief to another accused Binu Nayan Varghese. The Court had also granted an interim stay on Varghese's arrest.

The matter pertains to 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.

On November 22, 2021, the Apex Court had granted protection to former Mumbai Police Commissioner Param Bir Singh from being arrested. The Court also directed Singh to join the investigation.

Case Title: Param Bir Singh vs State Of Maharashtra & Ors.