Param Bir allegations serious, but he should go to HC: SC

4 months ago 37
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NEW DELHI: While observing that allegations levelled by former

Mumbai Police

Commissioner Param Bir Singh against Maharashtra home minister Anil

Deshmukh

are quite serious, the

Supreme Court

asked Singh to approach the Bombay HC in pursuance of his plea for a fair and impartial probe.
Referring to the allegations levelled by the cop and the minister against each other, a bench of Justices Sanjay Kishan Kaul and R Subhash Reddy said it seems that parties in the case were “hunky-dory” for a long time but they started making allegations and counter-allegations as a consequence of their falling out. Singh has accused Deshmukh of asking disgraced “encounter” copy Sachin Waze, currently in

NIA

custody, to raise Rs 100 crore a month from bars and restaurants and other establishments in Mumbai.
“We’ve no doubt that the matter is quite serious and affects the administration at large. It also appears that a lot of material which has come in public domain is a consequence of the personas falling out,” the court said.
It asked senior advocate Mukul Rohatgi why his client SC directly and suggested that Singh knock at the doors of Bombay HC. The court also pointed out that the minister against whom allegations had been levelled was not made a party. Rohatgi said it was a mistake and that he is willing to forthwith implead Deshmukh as respondent.
“If probe by an independent agency is being sought for, that is a relief which can also be granted by the high court. There have also been subsequent developments in the matter as has been noticed in terms of the report of Rashmi Shukla, commissioner, state intelligence department. The HC has the requisite authority to address the same,” it said.
Rohatgi agreed to withdraw the petition and told the court that he will file it in HC on Wednesday itself. As the petitioner referred to SC verdict on police reforms to impress upon the court to intervene to protect him, the bench expressed concern that its verdict had not been followed by states and the issue always cropped up when a controversy, like the present one, erupted in public glare.
“In our view, this is only a mantra recited periodically, wherever the occasion so suits, and there has been no seriousness by all concerned to ever implement the directions enshrined in the judgment. These directions were based on the principle of insulating police machinery from political/executive interference to make it more efficient and to strengthen the rule of law. It appears that none want to give up, inter alia, the control of police transfers or implement measures that would insulate the police machinery from performing its role without any uncalled for interference,” the bench added.
Singh, a 1988 batch IPS officer, sought a comprehensive

CBI

probe into Deshmukh’s acts of alleged corruption and criminality. He also claimed that he was transferred out immediately after he briefed CM

Uddhav Thackeray

about the minister’s alleged activities. Singh challenged Deshmukh on his statement to that he was transferred to facilitate a fair probe into the explosive-laden vehicle found near

Mukesh

Ambani’s residence.

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