‘Troubling situation at higher echelons’: SC transfers Param Bir probe to CBI

“This is not a reflection on the police force of the state of Maharashtra,” said the Bench of Justices S K Kaul and M M Sundresh. But it flagged “the troubling situation arising at the higher echelons which has brought about the scenario as presented before us”.

It directed the state to put the departmentmental proceedings against him on hold until the agency’s probe into the five FIRs transferred to it is completed.

The Bench also ruled that future FIRs against Singh, if any, shall be transferred to the Central Bureau of Investigation.

His suspension, however, shall continue.

Singh faces cases of extortion, corruption and misconduct. He was removed as Mumbai police chief owing to his alleged mishandling of the Antilia bomb scare case.

Thursday’s ruling came after Singh challenged a Bombay High Court order that refused to transfer the cases against him to the central agency.

“The objective is to embolden and gain the people’s confidence in the police force by an impartial investigation which is necessary,” said Justices Kaul and Sundresh.

The court rejected the argument of the Maharashtra counsel, Senior Advocate Darius Khambatta, that “the FIRs registered really have to be appreciated in a scenario where when a person loses power, the persons who suffer at his hand come up with their hands and FIRs are registered”.

The bench said: “It is not a coincidental occurrence or occurrences arising from the aforesaid but we do believe prima facie there has been some concerted effort in this direction arising from the interse battle which needs investigation by an agency outside the state police.”

“We are not saying the appellant (Singh) is a whistleblower. We are not saying that anyone involved in this process is washed with milk… what is the truth, who is at fault, how does such a scenario come to prevail presenting a disturbing picture before the court is something…. that requires an independent probe,” said the court.

On November 22, the top court had granted Singh major relief when it directed the Maharashtra Police not to arrest him in criminal cases lodged against him.

The Maharashtra Police had earlier told the apex court that Singh cannot be considered a “whistleblower” under the law as he chose to speak out against alleged corruption involving former state home minister Anil Deshmukh only after he was transferred.

“CBI must hold an impartial inquiry to all these aspects to find out whether the allegations made resulting in the FIRs being registered have a ring of truth or whether they are only a repercussion of the appellant having raised a red flag”, the court said and noted that it is not commenting on the merits of the allegations.

It directed that the case records be transferred to CBI within one week.

The court said that “the very timings of all these (FIR’s against Singh) raises grave doubts” and that “it is reflecting on the whole administration…”.

The SC also referred to some statements by the Maharashtra government officials which appeared in the media today. “Media reports do not bother us…It has not bothered us that yesterday the political dispensation of Maharashtra deemed it proper to make statements which were in press today. However they may not get an equal hand at the hands of the judiciary. I’ve read it,I kept quiet over it..In today’s age this has become a habit..But we have also got used to handling them…throwing them in the dustbin…”, said Justice Kaul, but did not say what report he was referring to.

Earlier during the hearing, the top court ripped into Maharashtra’s arguments against handing over the probe to CBI.

Khambatta while referring to the FIRs said the charges were serious and there was prima facie evidence.

Justice Kaul however said that the fact however remains that “all these come to light at a co-terminus stage, one month before” Singh wrote a letter to the Maharashtra Chief Minister levelling allegations against the then Home Minister Anil Deshmukh and asked “maybe he is not a whistle blower…But if this is not a case where somebody else should inquire into the murky affairs, I don’t know what would be a scenario there”.

Khambatta argued that taking away the probe would have a demoralising effect on the state police.

“Certainly not…In fact the states themselves have offered that it’s better to investigate it. So it’s not as if every case which is referred to the CBI is demoralising the police force. If this was happening, CBI should not be entrusted with any case of state because they would be demorlisitng”, said Justice Kaul.

He added, “look at the glaring background of this case. I have said in the beginning too, I don’t believe any is washed in milk in the whole scenario. It is a case of people falling apart….But what really is the cause? What has happened? Who has done what?…Look at the public faith which has shaken already…”.

Khambatta contended that the FIRs have nothing to do with the matters already being probed by the CBI against Deshmukh.

But Justice Kaul did not agree and said: “Of course it is…The very timings of all these raises grave doubts…There is a battle royale going on, in some form or the other. The idea was to taper it down so that the police can perform its role. That’s why I told the current police commissioner, we are not expressing any lack of faith in him…But the two personas in this case and the other personas who seem to enter this battleground, certainly require investigation”.

“What can be murkier than what has happened…where the top echelons of both the political system handling that ministry and a top police officer are battling out, making allegations against each other and these FIRs…suddenly by people against whom rightly or wrongly he has taken action. And they say look we are sufferers at his hand…Whether it is at the behest of somebody in the state or not at the behest of somebody in the state, whether they have suddenly as you say he having fallen from grace, woken up to agitate what their grievances are. Is this not a matter for independent investigation? What else will it be?”, he asked.

Khambatta pointed out that only one of the FIR’s had any overlapping effect and that it can be transferred to the CBI and urged the court not to transfer the other four as it will demoralise the police force.

Justice Kaul responded: “it’s already demoralised by what is going on….That is the concern of us that one of the well recognised good police force is falling a victim to all this is going on at the higher echelon level”.

He added, “I feel for the state also. It is in the interest of the state that this matter is fully gone into. It is reflecting on the state…It is reflecting on the whole administration and creates a dilution of the authority where the Home Minister and Police Commissioner are involved not only in a spat I would say, but serious allegations”.