Monday, July 26, 2021
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Supreme Court dismisses Param Bir Singh’s plea for transfer of cases from Maharashtra

The bench commented that “people in glass houses should not throw stones.”

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The Supreme Court on Friday dismissed the petition filed by former Mumbai Police Commissioner Param Bir Singh seeking the transfer of all inquiries and investigations against him to any other state outside Maharashtra.

The bench of Justice Hemant Gupta and Justice V. Ramasubramanian said, “What is surprising us is that you headed and were part of Maharashtra cadre IPS officer and you served the state for more than 30 years and now you don’t have confidence in your state. It’s a shocking allegation made by you!”

Singh, in his fresh plea before the Apex Court, had alleged that he has been made to face several inquiries by the state government and its instruments and sought their transfer outside Maharashtra and an investigation into them by an independent agency like the CBI.

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Senior Advocate Mahesh Jethmalani, appearing for Singh, submitted, “The entire genesis of this case is the letter I wrote to the Chief Minister of Maharashtra on March 20, 2019. I pointed out that there are serious lapses on the part of the Home Minister and there is an extortion racket going on in a number of areas, liquor bars are one of them. I gave recorded proof that home minister from the number of business sectors in the Mumbai community in particular were being extorted by the Minister.”

Jethmalani further added, “I’m now being pressurized by the inquiring officer. The inquiring officer has contacted me and told me that if you withdraw the letter of 20 March written to CM then… He has asked me that if you withdraw it, not only the inquiry will be withdrawn but the number of other criminal cases which are being contemplated.”

However, the bench contended, “if a person of the rank of DGP can be pressurized then we have a serious problem that anybody can be pressurized and there will be nobody who can’t be pressurized.”

Jethmalani also submitted, “I can’t keep facing one FIR and other because I’m a whistle blower in this case. I can’t be facing false cases against me.” To which the bench said, “Mr. Jethmalani can there be any blanket stay on lodging an FIR against any person.”

Advocate Puneet Bali, also appearing for Singh, sought liberty to withdraw the petition and approach the Bombay High Court.

The court ordered, “After arguing for some time the counsel for the petitioner wishes to withdraw the petition with a liberty to raise the issues before competent authority in accordance to the law. Liberty granted and the petition is dismissed as withdrawn.”

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