Police can’t press criminal charges against Param Bir Singh: Supreme Court

The apex court had on November 22 asked Singh, who was in Chandigarh, to cooperate with investigations while granting him protection from arrest

Maharashtra police cannot press charges in the criminal cases being investigated against former Mumbai police commissioner Param Bir Singh, the Supreme Court directed on Monday.

Former Mumbai police commissioner Param Bir Singh has alleged a witch-hunt and demanded all cases against him to be probed by CBI. (File photo)

“Since the petitioner has joined investigations, the investigation can go on but no challan (charge sheet) is to be filed,” a bench of justices Sanjay Kishan Kaul and MM Sundresh said. The apex court had on November 22 asked Singh, who was in Chandigarh, to cooperate with investigations while granting him protection from arrest. The court continued this protection and posted the matter for further hearing on January 11.

Singh has alleged a witchhunt and demanded all cases against him to be probed by the Central Bureau of Investigation (CBI). The federal agency is examining his complaint accusing former Maharashtra home minister Anil Deshmukh of running an extortion racket using police officers. After his complaint to Maharashtra chief minister Uddhav Thackeray in April, false criminal cases were been foisted on him, Singh has said.

Based on notices issued on Singh’s petition to the Maharashtra government, present Maharashtra director general of police (DGP) and CBI, the court received responses from the state and its DGP, but CBI filed no response.

“We have nothing to contest in this petition,” solicitor general Tushar Mehta and additional solicitor general Aman Lekhi said, appearing for the CBI.

When the bench put a specific question to CBI whether it supported Singh’s plea that all criminal matters against him should be probed by CBI, Mehta said, “I feel it should be. We are willing to put it on affidavit.” The court gave CBI a week’s time to file its response.

The stand taken by CBI was opposed by the state government represented by senior advocate Darius Khambata. “All cases should not be entrusted to CBI. This is purely a service matter,” Khambata said. “He was responsible for carrying out certain transfers in the police force, contrary to the Supreme Court judgment in Prakash Singh case. When he became afraid that he will be exposed, he wrote the letter to chief minister to say he has got a defence.”

The bench said, “These matters have come up after this letter episode. You had appointed him Commissioner as he enjoyed your trust. As regards Prakash Singh judgment (on police reforms), it is being violated by every state.”

Khambata then referred to a petition filed by the state government before the Bombay high court opposing a CBI investigation on the alleged extortion racket by Deshmukh. “The current CBi director was DGP at the relevant period of time and was also the vice-chairman and later chairman of the police establishment board. He would be a witness, if not an accused, in our investigation. The high court has heard arguments and reserved the matter for orders on our demand for probe by special investigation team (SIT),” Khambata said.

“It is one of the most unfortunate situations we have to deal with. It doesn’t behove persons holding public offices to file such petitions,” The bench remarked. “We are not on the issue of malafide but likelihood of bias. We would like CBI to file its response. To this extent even you agree that another agency should conduct probe. Whether it should be CBI or court-monitored CBI probe, that we will have to see.”

On the earlier date, the court had asked Singh how a former police commissioner could doubt the police force he headed. On Monday, the court reiterated its concern and said, “On an aside, you realize what a common man goes through. See the signals that are going.”

Singh was represented by senior advocate Puneet Bali, who said that since the order by the top court protecting him against arrest, the state government has been moving with “tearing hurry” to file charge sheet against him in a case where FIR was lodged at the behest of an alleged extortionist in July.

On December 3, the state government suspended Singh. The order was issued by DGP Sanjay Pandey against whom Singh alleged that he tried to influence him to withdraw his complaint. The transcript of his conversation with Pandey was produced as part of his petition to underline how the cases lodged against him was a consequence of his complaint against Deshmukh.

When notices were issued to Pandey over the alleged transcript, the state government objected to him being summoned and approached the high court, said additional solicitor general Aman Lekhi, also appearing for the CBI. “The occasion for the state to file a petition is somewhat startling,” Lekhi said. “On the basis of imagined state of affairs, they want to shield the wrongdoers.”

“Dirty linen is being washed in public,” the bench said as it directed the state government and the DGP to file replies to CBI’s response before the next date of hearing.