Relief for ex-Mumbai top cop Param Bir, no arrest till June 9

MUMBAI: In another relief for former Mumbai police chief Param Bir Singh, Maharashtra government assured Bombay high court that it would not arrest him till June 9.
On June 9, Param Bir's petition to quash an FIR registered by a police officer Bhimrao Ghadge would be heard.
But the relief comes with a condition that Singh, now with the Home Guards, presently in Chandigarh, shall cooperate with the police investigation and not pursue similar relief before the Supreme Court, said senior counsel Darius Khambata appearing for Maharashtra government.
Senior counsel Mahesh Jethmalani appearing for Singh only before the HC, on instructions, made a statement that till June 9 if he is given protection from arrest, Singh would not raise the plea for protection in Ghadge’s FIR in his petition filed and pending before the SC. The HC accepted the statements.
A vacation bench of Justices S S Shinde and N R Borkar accepted the statements. The HC then by consensus of all parties posted Singh’s quashing petition against FIR by Ghadge to June 9, post vacation, to be heard finally by a regular bench. At just about midnight on Friday, another HC vacation bench had restrained the state from arresting Singh till 10.30 am, May 24 and sought a special bench for Monday since it was part-heard.
Monday’s hearing began on a contentious note as Khambata, a former additional solicitor general and former Maharashtra advocate general said his first submission would be that Singh took advantage of the HC May 13 order and went to the SC with prayers to protect him in same FIR filed under the Atrocities Act by Ghadge. He said he had made the statement on May 13 not to arrest Singh only because the government was served that morning with a lengthy compilation and Judgments by Singh and needed time to prepare in response.
Khambata took exception to para 10 of Singh’s petition before the SC and argued that Singh had said the HC was not giving a hearing when in fact it had and was.
Jethmalani who said he is not appearing in the SC petition, said the para would be withdrawn and that it was an unfortunate mistake. Singh’s senior counsel Puneet Bali who had joined in from Chandigarh in the virtual hearing via video conferencing, also later apologized for the “mistake’’ in the para.
“We are ready to hear and decide. Please do not give impression that HC is not hearing,’’ said the bench.
When the HC asked, “How can say that no orders were passed (by the HC)… before SC?’’
Jethmalani said, “I had no part to play in the SC.’’ “They are right, you can't ride two horses,’’ said Jethmalani to Bali.
Para 10 of Singh’s SC petition said he has “no other alternative or equally efficacious remedy and that the issues arising in the present case have far reaching consequences on the fundamental rights of the petitioner as well as the independence of police officers.’’ It added that he “has also filed two Writ Petition before the Hon’ble Bombay High Court, however, the same were either not taken up on the date of hearing or was adjourned to a later date without even being given an opportunity to the petitioner to be heard.’’
Khambata said, “What is worse is that same relief is sought, covers this same plea (against Ghadge’s FIR)” He said on May 16, Singh moved the SC and “they suppress that on May 13 this very petition had come up and I had made a statement that State will not arrest Singh till May 21…This is very serious if this is not an abuse of judicial process then I do not know what is.”
Bali made an effort to point out to another para from Singh’s SC petition to correct the impression, Khambata said the prayers show that he wants the SC to protect him even in Ghadge’s FIR. “They have tried to window dress with two subsequent complaints,’’ said Khambata.
S B Talekar, counsel for Ghadge said, “ Singh must withdraw his SC petition. Else this would be forum shopping. This is a serious matter.’’ He said Ghade was not made a party by Singh in the SC petition, but he has filed an intervention application to be heard.
Singh is “absolutely afraid of the witch-hunt’’ against him and that if he comes to Mumbai he may get arrested, said Bali. He added that two more FIR were filed against Singh, soon after he had moved the HC, one by a “disgruntled cop'' and one by a "bookie’’. His SC plea is against the “hounding’’ and to seek transfer of his departmental enquiries.
Jethmalani earlier said Singh is battling a “vendetta against him’’ by the state.
But Khambata said, “you write one letter to the Chief Minister (on March 20 alleging corrupt malpractice by then state home minister Anil Deshmukh) and you are immune from all FIRs?
Bali said the state was “orchestrating’’ the fresh FIRs against Singh. Khambata refuted the contention saying, “there is no orchestration. People are coming forward with complaints.”
I will show what the law is… This has nothing to do with re-investigation (of cases against Ghadge filed in 2015-16)’’. Jethmalani had on Friday said the state was unlawfully trying to re-investigate the cases when trial was pending and in one case an appeal against acquittal. Ghadge was acquitted in a 2016 case of attempt to murder and the appeal is pending.
Singh’s petition had come up first May 6 before a regular bench of Justices S S Shinde and Manish Pitale on its last day before the vacation began. The bench had due to paucity of time, granted him liberty to mention it before the vacation bench.