The Supreme Court on Tuesday said the ongoing legal wrangle between former Mumbai top cop Param Bir Singh, and the Maharashtra government, is becoming a “messy state of affairs” and also a “very unfortunate situation”.
Expressing concern, a bench of Justices Sanjay Kishan Kaul said,
“We have had occasion to say earlier that it is a messy state of affairs. Very unfortunate situation… having the propensity of shaking the confidence of people in the police system and the elected system. Process of law must carry on…”
Former Maharashtra Home Minister Anil Deshmukh, who was accused by Singh of corruption, is already under arrest for offences, including money laundering.
Staying all proceedings against Singh, the probe and filing of charge sheet, the top court listed the case for final disposal on 9 March.
The apex court is hearing a plea on transfer of investigation of the cases against Singh to the CBI.
The bench also asked the Maharashtra government to completely keep its hands off with regards to the ongoing investigation till the top court decides Singh’s plea to transfer all cases against him to the CBI.
“Meanwhile, you please completely stay your hand. We do not know if the investigation has to be transferred to the CBI…”, Justice Kaul told senior advocate Darius Khambata, representing the Maharashtra government.
Solicitor General Tushar Mehta, representing the CBI, said all the FIRs must come to the central investigating agency. He added that there would be a possibility that statements may point to a particular direction or colour the case, making things difficult for the investigating agency.
Senior advocate Puneet Bali, representing Singh, complained against the Maharashtra government, saying that it has filed challans in one of the FIRs. “They have presented challan in one of the FIRs. This is absolutely going out of hand,” he said.
After hearing arguments, the bench said it will take a call as to whether the investigation is to be transferred to the CBI or not.
Singh has claimed to be a whistle-blower in exposing the alleged wrongdoings of the former Home Minister.
In November last year, the top court had granted him protection from arrest in the cases and directed him to cooperate in the investigations.
The bench was hearing a plea by Singh against the Bombay High Court judgment passed in September last year, dismissing his plea challenging the two inquiries ordered by the Home Ministry for allegedly violating service rules and corruption charges, as non-maintainable.