Param Bir Singh 
Litigation News

BREAKING: Param Bir Singh moves Supreme Court seeking CBI probe into alleged malpractice by Maharashtra Home Minister Anil Deshmukh

The plea also challenges the order passed on March 17 transferring Singh from the post of Commissioner, Mumbai Police as being violative of Article 14 and 21 of the Constitution.

Debayan Roy

Former Mumbai Commissioner of Police Param Bir Singh has moved Supreme Court seeking a Central Bureau of Investigation (CBI) probe into "various malpractices" of Maharashtra Home Minister Anil Deshmukh.

The plea also challenges the order passed by the State on March 17 transferring Singh from the post of Commissioner, Mumbai Police as being violative of Article 14 and 21 of the Constitution.

The petition states that Anil Deshmukh had been holding meetings in February, 2021 at his residence with police officers including Sachin Vaze of Crime Intelligence Unit, Mumbai and Sanjay Patil, ACP Social Service Branch, Mumbai, "bypassing their seniors and had instructed them that he had a target to accumulate Rs. 100 crores every month and had directed to collect money from various establishments and other sources."

The plea avers that such an act by Deshmukh portrays malicious intent of extorting money from establishments across Mumbai and from other sources.

"This shows interfering in the investigations and directing the same to be conducted in a particular manner, and corrupt malpractices in posting/transfers of officers, cannot be countenanced or justified in any democratic State," states the plea.

The plea states that a writ petition under Article 32 has been preferred in the Supreme Court since the State of Maharashtra has already withdrawn general consent from CBI probes within the State.

Singh further claims that his transfer is against the "established principle of stability of tenure of civil servants."

"It is submitted that this Hon’ble Court in the case titled T.S.R. Subramanian v. Union of India, reported in (2013) 15 SCC 732, it was held that such transfers are against public interest. The transfer of the Petitioner from the post of Police Commissioner, Mumbai has been done without any justifiable reasons and only upon the whims of the political executive," reads the plea.

The transfer of police officers before completion of their tenure at the whims of the political executive "is indicative of excessive control by the political executive over the police, and has the inherent danger of making the police a tool for subverting the process of law, promoting the growth of authoritarianism and shaking the very foundations of democracy," the plea states.

The eight-page long letter by Singh alleged that Deshmukh constantly gave instructions to the police, directing it to adopt a particular course of investigation.

"These acts of political interference are illegal & unconstitutional and Courts in our country including the Hon’ble Supreme Court of India have in the past come down heavily on such acts of interference in police investigations," the letter said.

Singh’s transfer was claimed to be under administrative exigencies. According to his file, he was being transferred to “ensure a free and fair investigation in the Antilla incident.

The Antilla incident refers to the case wherein an explosive-laden SUV was found outside the residence of Mukesh Ambani.

Deshmukh had ,in an interview on March 18, stated the following with the regard to the same:

1. That there were serious lapses committed by the Mumbai Police and Singh in the investigation of the Antilla incident;

2. The lapses could not be pardoned;

3. That Singh's transfer was not on administrative grounds.

Singh further claimed that Deshmukh had invited Sachin Vaze for a meeting at his residence in relation to the collection of funds for himself.

Vaze was allegedly asked to collect approximately 2-3 lakh rupees from about 1,750 bars, restaurants and similar establishments in Mumbai to ensure a monthly collection of Rs. 40-50 crore.

"The Hon’ble Home Minister expressed to Shri Vaze that he had a target to accumulate Rs. 100 crores a month. For achieving the aforesaid target, the Hon’ble Home Minsiter told Shri Vaze that there are about 1,750 bars, restaurants and other establishments in Mumbai and if a sum of Rs. 2-3 lakhs each was collected from each of them, a monthly collection of Rs. 40-50 crores was achievable," the letter said.

Singh claimed that there was not an iota of evidence against him, except for conjectures and surmises.

"The call records and phone data of Shri Sachin Vaze be examined to ascertain the truth of the allegations qua me and for the truth to emerge insofar as his association with political functionaries is concerned," the letter said.

The plea has been filed through Advocate on Record Abhinay and drawn by Advocate Utsav Trivedi.

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