Mumbai: The Supreme Court has transferred the case against Param Bir Singh to the Central Bureau of Investigation. “We are not saying Param Bir Singh is a whistle blower or that anyone involved is innocent. The disturbing scenario presented before this court deserves inquiry,” the top court said.
“This is not a reflection on the police of Maharashtra, which is respected, but a troubling scenario among the higher echelons. We cannot accept the argument that when a person in power loses power, then persons below him come out and file FIRs. We do believe there is some inter-concerted effort being made which requires investigation by an agency outside the state police,” the top court said, handing over the reins of the probe to the central investigative agency.
“We are of the opinion that the state itself should have offered for an investigation to be carried out. Exigencies and advancement of fair play require investigation to be transferred to the CBI,” the court added.
Darius Khambata, appearing for the Maharashtra government, had argued that Maharashtra does not want the Central Bureau of Investigation (CBI) to probe the case against former Mumbai top cop Parambir Singh.
“The state’s consent is required for any investigation. We do not agree to a CBI inquiry because it will affect the morale of the police. No facts placed before the court could prove that the police did not investigate properly. So far only baseless allegations have been made,” the Maharashtra government told the top court.
“That’s not correct,” the Supreme Court said, adding, “Sometimes states themselves send matters to the CBI. If it was demoralizing, then the CBI would not have any cases. It is linked to the same question of demands being made.”
The top court said it was not commenting on 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 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 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.
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