The Supreme Court on Thursday transferred to the Central Bureau of Investigation the probe into multiple cases against former Mumbai police commissioner Param Bir Singh over allegations of misconduct and corruption.
A very murky affair is going on amid echelons of power on who should investigate the matter, a bench of Justices S K Kaul and M M Sundresh said, while transferring the probe to the central investigative agency.
"The exigencies in the advancement of principles of justice require the investigation to be transferred to CBI. We are not saying appellant (Singh) is a whistle-blower or anyone involved in this case is washed with milk,” the bench noted.
The bench also refused to revoke the suspension of Singh and said all future FIRs, too, will be transferred to CBI.
The apex court said a thorough investigation is required to regain the faith of people in the state police.
"We are unable to accept the contention that an FIR is registered by those who had complaints against the petitioner. We are of the view that state itself should have allowed CBI to carry the investigation," said the court.
"We are of the prima facie view that there is some concerted effort which needs the investigation by CBI. What is the truth, who is at fault how does such scenario come to prevail is something which investigation must get into. CBI must hold an impartial inquiry into all these aspects," the court said.
The bench, however, noted it was not commenting on the merits of the allegations as it does not want the investigation to be influenced in any manner.
"We do not want the investigation to be influenced by the observation of this court. The High Court (Bombay) has treated this as a service dispute which it is not and thus we set aside the HC verdict. We allow the appeal and direct the probe into 5 FIRs and three PEs be transferred to CBI with all records.
"Such transfer to be completed within one week and all officials to extend full cooperation to CBI to try arrive at the truth," the bench said.
Singh is facing multiple cases of extortion, corruption and misconduct, and was removed from the post of Mumbai police chief over his alleged mishandling of the Antilia bomb scare case.
The top court had granted him a major relief on November 22 when it directed the Maharashtra Police not to arrest him in criminal cases lodged against him, and wondered if he was being hounded for filing cases against police officers and extortionists, "what could happen to a common man".
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.
Seeking dismissal of Singh's plea for a CBI probe into the entire matter and against any coercive action by the state, the Maharashtra government had filed an affidavit in the apex court and said that the ongoing investigation in criminal cases against the former top police officer should not be interfered with.
Prior to this, the Bombay high court had dismissed Singh's petition seeking quashing of inquiries initiated against him by the Maharashtra government, and said he can approach the Central Administrative Tribunal, holding it was a service matter. It had rejected his claim that the government's action was a consequence of his allegations of corruption against Deshmukh.
