Supreme Court grants protection from arrest to former Mumbai Police chief Param Bir Singh

The Supreme Court today granted protection from arrest to Param Bir Singh, former Mumbai Police Commissioner, in a number of cases registered against him by the Mumbai Police. Singh had filed the petition against the Bombay High Court’s September 16 judgment dismissing his plea as not maintainable. The petitions filed by Singh challenged the two inquiries orders issued by the Maharashtra Home Ministry for allegedly violating service rules and the other pertaining to the allegations of corruption.

The bench of Justice Sanjay Kishan Kaul and Justice M.M. Sundresh granted Param Bir Singh protection from arrest while stating, “Meanwhile the petitioner should join the investigation but not be arrested,” and asked him to join the investigation.

Puneet Bali, Senior Advocate, appearing for the petitioner, informed the court that his client is very much in the country and he has no intention to abscond or run anywhere. The petitioner is anxious as he apprehends an eminent threat to his life the moment he touches Maharashtra Police. Moreover, the six FIRs registered against him are lodged by bookies, extortionists or people indulged in various kinds of illegal activities. Most of these people harbour some kind of malice as the petitioner had taken some or the other action against them during his tenure. Furthermore, he pointed out to the Bombay HC’s appalling order, directing the petitioner to approach the CAT for a CBI enquiry.

Bali submitted before the Apex Court that Singh would be willing to appear before any officer of the court of CBI.

Upon this, Justice Kaul observed, “If the Commissioner of Mumbai Police says I have threat to life from Bombay Police, what would happen to the faith of common people?”
To this, Bali requested the court to consider a few important dates to understand completely what had transpired. He added, “If this is not a case for my protection as a whistle-blower then it cannot be anyone.”

He submitted that on 29.02.2020 petitioner was appointed as the Commissioner of Police. He came to know from his subordinates that the then home minister (Anil Deshmukh) wants a collection from various bars, etc, of more than Rs 100 crore a month. He immediately brought it to the notice of CM Uddhav Thackeray. During the process, he was transferred. On 20th of the same month, he wrote to the CM regarding the extortion racket. On 24.03.2021, the petitioner directly approached the Apex Court requesting a CBI enquiry and brought to the notice of this court that he was removed unceremoniously just because he took a stand. On April 8, the Supreme Court directed a CBI inquiry.

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Furthermore, Bali drew attention of this court to the transcripts of WhatsApp between the petitioner and Sanjay Pandey, DGP, Mumbai. “He says withdraw the letter of March 20 (written to the CM) and he will ensure my safety. If you don’t, I have instructions that many cases will be registered against you. He says I have to make peace with the Home Minister.” The petitioner recorded the entire transcript and sent it to CBI. Thereafter, CBI registered a case against Deshmukh on April 20.

Meanwhile, the DGP passed an order under Section 32 CrPC that an inquiry should be made against petitioner which gives all powers of arrest, etc to the concerned officer. Bali stressed upon the fact that the complainants who have registered the said FIRs had allegations of corruption, extortion of money from builders, etc., against them. These persons have now become complainants against the petitioner. In such a situation what can the petitioner expect from the State Government?

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Bali submitted that the petitioner has done no wrong and thus he has no fear and is ready to appear before the court of CBI as and when required. He further submitted,

“Nobody has denied anything, neither the CM nor the DGP. The state police will decide whether I’m being threatened and CBI will decide whether Deshmukh was involved in extortion? How can they be separated? And how do I go to CAT for this? I am directed by the HC to go to CAT by deciding this issue as preliminary!”

After hearing the submissions made by Bali, the Bench observed,

“….Wonder what would happen to a common man….. The matter has become curious and curious in the battle between the then Home Ministry and the Police Commissioner. The only question to be examined is, is the CBI looking into the matter, the other aspects are also to be entrusted to CBI. Notice issued returnable on December 6.”