'Liberty to approach the HC granted', SC to Parambir Singh
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New Delhi, March 24: The Supreme Court bench led by Justice Kaul while hearing the Param Bir Sing case pertaining to Maharashtra politics has directed the petitioner to approach the Bombay HC under Artice 226 to demand a probe from an investigation agency and noted that the HC had wide powers to do so.
The SC bench asked advocate Mukul Rohatgi (representing Singh) why the Bombay HC can't hear the matter under Article 226? Advocate Rohatgi pointed out that Param Bir Singh's transfer was not on administrative grounds and said that it was rare that a police commissioner was removed in such a manner. Justice Kaul remarked that things seemed to be fine between the two personas until something erupted in public glare and that now allegations are being made by both parties.
Param Bir Singh had moved to SC last week, accused Anil Deshmukh of abusing his power as Home Minister for calling and directly instructing police officers for 'extorting money from establishments across Mumbai and from other sources' and for interfering in investigations. Param Bir Singh demanded a fair CBI investigation to probe Anil Deshmukh's abuse of the office of Home Minister. Further, he also informed SC that he had shared the details of Anil Deshmukh's alleged malpractice with CM Uddhav Thackeray and other senior leaders of the government.
In his plea, Param Bir Singh made the following allegations, among others:
- That in August 2020, the then Commissioner Intelligence of the State Intelligence Department had brought to the notice of the Maharashtra DGP and consequently the Additional Chief Secretary of the Home Department the 'corrupt malpractices in postings/transfers by Anil Deshmukh'. He writes, 'she was shunted out rather than taking any firm action against Anil Deshmukh.'
- He went on to state that 'each act of Anil Deshmukh in abuse of official position of the Home Minister, whether in calling and directly instructing the police officers of lower rank such as Vaze and Patil for his malicious intent of extorting money from establishments across Mumbai and from other sources, or whether in interfering in the investigations and directing the same to be conducted in a particular manner, or whether indulging in corrupt malpractices in posting/transfer of officers, cannot be counteranced or justified in any democratic state.'
- He proceeded to say, "Fair CBI investigation is thus warranted in each of such acts of Anil Deshmukh in abuse of the official position of the Home Minister"
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