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.”

Chief Justice of India N.V. Ramana on Saturday said it is high time the taboo associated with approaching courts to enforce and affirm people’s rights are done away with.

Speaking at the inauguration of the B & C Wings of the High Court Annexe building of the Bombay High Court Bench at Aurangabad, Maharashtra, Justice Ramana said people have this general and common notion that only criminals or victims of crime approach the court. “People take pride in stating that we have never seen a court building in our lifetime. But, it is high time that we make efforts to remove the taboo associated with approaching courts for the affirmation of their rights,” he said.

He advised the people not to hesitate in approaching the courts. “The common man deals with multiple legal issues during his lifetime. One must never feel hesitant to approach Courts. After all, people’s faith in the judiciary is the biggest strength of democracy,” CJI Ramana said.

“Courts are extremely essential for any society that is governed by the rule of law. Court buildings are not merely structures made of mortar and bricks. Rather, they actively assure the constitutional guarantee of Right to Justice. The courts in India have repeatedly upheld the rights and freedoms of individuals. They stood up whenever the individuals or society are at the receiving end of the executive excesses. It is an assurance that the seeker of justice, howsoever weak, need not worry about the might of the State,” he said.

Raising the need to improve judicial infrastructure, the CJI, who has pitched for a national judicial infrastrucure body, asked Law and Justice Minister Kiren Rijiju to take it up in the Winter Session of Parliament. 

“I have sent a proposal for the establishment of the National Judicial Infrastructure Authority to the Ministry of Law and Justice, and I am hoping for a positive response soon. I urge the Minister of Law and Justice to expedite the process and ensure that the proposal to create National Judicial Infrastructure Authority of India with statutory backing is taken up in the upcoming Winter Session of the Parliament,” he said.

Referring to Aurangabad’s history in relation to liberties and emancipation, Justice Ramana said, “Many ideas of social revolution which have resulted in the freedom and liberties that we all take for granted today, have been borne out of this fertile and progressive land. Be it the extraordinary Savitribai Phule or the pioneering feminist Jyotirao Phule, or the legendary Dr Ambedkar – they always aspired for an egalitarian society where every individual’s right to dignity is honoured. Together, they have set in motion irreversible social changes which has finally evolved into our Constitution – which will continue to define how an ideal society should be.”

Thanking Maharashtra Chief Minister Uddhav Thackeray, CJI Ramana said, “Again, let me take this opportunity to congratulate the Government of Maharashtra and the Chief Minister Uddhav Thackeray for his efforts and cooperation. He has promised to me on the dais that he will extend all help for construction of new court complex for Bombay High Court.” The CJI had earlier congratulated the Maharashtra CM and Justice B.R. Gavai for addressing the gathering in Marathi.

Justice Ramana praised Union Minister Rijiju for his enthusiasm and commitment to the cause of justice and thanked Justice Dipankar Dutta, Chief Justice of the Bombay High Court, for his instrumental role in seeing the Aurangabad project through.

The CJI then thanked his brother judges Justice U.U. Lalit, Justice D.Y. Chandrachud, Justice Gavai and Justice A.S. Oak, who were also attending the event in person.

Read CJI Ramana’s full speech below: