New Delhi, 5 December
Former Mumbai Police Commissioner Param Bir Singh cannot be considered a “whistleblower” under the law as he chose to speak out against alleged corruption involving former Home Minister Anil Deshmukh only after his transfer, with Maharashtra government seeking his dismissal from the Supreme Court Of. Argument.
In a major relief to Singh, on November 22, a bench headed by Justice SK Kaul had directed the Maharashtra Police not to arrest him in the criminal cases registered against him and wondered whether police officers and extortionists would be booked against him. They are being chased to register the case. What can happen to a common man?”
Seeking dismissal of Singh’s plea for a CBI inquiry into the entire matter and against any coercive action by the state, the Maharashtra government filed a counter-affidavit in the apex court and said that the criminal cases against the former top police officer There should be no ongoing investigation. interfered with.
In the affidavit, Maharashtra Home Department Joint Secretary Venkatesh Madhav said, “The petitioner (Singh) cannot be treated as a whistleblower. I state and submit that, contrary to what has been stated in the SLP (Special Leave Petition), I deny that the petitioner is a whistleblower, as held under the Whistle Blower Protection Act, 2014 or that The proportion prescribed in the case … is applicable to the facts of the present case.
“It is clear from the petitioner’s own letter dated March 20, 2021, that the petitioner cited instances of alleged corruption which took place a few months before March, but sought to highlight these allegations only on March 20, i.e., to be transferred. after three days. It is thus denied that the petitioner’s letter dated March 20 was issued in public interest or for genuine purpose and hence it is denied that the petitioner is a whistleblower.
In an 83-page reply, the state government said that Singh, who was recently suspended from the Mumbai Police on misconduct charges, is indirectly trying to stay the pending criminal investigation against him through the petition and have failed to disclose the material and relevant facts. ,
“Initially, I state that this Court in a series of decisions … has observed that it should be left to the discretion of the investigating agency to decide the course of the investigation and that the Court should investigate only in rare cases. should intervene in the matter
“The petitioner has filed the SLP against the judgment dated 16th September, 2021 passed by the Bombay High Court, but is actually seeking a stay on the further proceedings in the various criminal complaints lodged against him and this, with great respect, does not Should be allowed by this court,” the state government said.
The state government said that various investigations against the suspended police officer are pending and are being done.
“The following instances of negligence in the performance of service by the petitioner were to be examined…. The Joint Commissioner of Police (Crime), against whom the NIA has registered a case in view of his involvement in parking an explosive-laden car near Antilia Building, Mumbai, was found on February 25, 2021. said.
The affidavit said that the state government has approved initiation of disciplinary proceedings against him under the All India Services (Discipline and Appeal) Rules, 1969.
“A list of documents and statements of allegations of misconduct or misconduct are issued along with the statement of charges framed against them,” the statement said.
The affidavit said Singh should approach the Central Administrative Tribunal to challenge the departmental inquiry and his plea was dismissed by the Bombay High Court on the grounds of non-maintenance and availability of alternative remedies.
“The validity of the orders dated 1st April and 20th April, including alleged malpractice in issuing the said order, clearly fall within the purview of ‘service matters’ which may be earlier aggrieved and stayed by CAT…,” it said.
It said Singh’s plea has become infructuous as the CBI has already issued summons to a police officer Sanjay Pandey on September 18 and it is clear that the CBI is probing the conversation between Param Bir Singh and Sanjay Pandey.
The top court has fixed the hearing of Singh’s plea for December 6.
The case involving Singh and former state home minister Anil Deshmukh, facing probe into corruption charges leveled by Singh, has turned “curious and curious”, with the top court issuing notices to the Maharashtra government, its DGP Sanjay Pandey and the CBI. Had said. Petition of former top cop of Mumbai.
Singh’s counsel had said that Singh needed protection as he had shown courage to come to this court and raise the issue of corruption against the former state home minister.
The counsel had said that six FIRs have been registered against Singh for alleged offenses relating to years like 2015 and 2016 and submitted that if he is harassed at the behest of the state for his actions as police So how would a police officer act? Officer on complaints of bookies and extortionists.
The Bombay High Court had dismissed Singh’s plea seeking quashing of the probe initiated by the Maharashtra government against him and said he can approach the Central Administrative Tribunal.
In a letter to Chief Minister Uddhav Thackeray, Singh leveled corruption allegations against Deshmukh after he was removed from the post of Mumbai Police Commissioner following the Antilia bomb case in March 2021.
Singh, in his plea, had also alleged that DGP Pandey told him that the probe was a result of his allegations against NCP leader Deshmukh. PTI