CBI takes over probe against Mumbai ex-top cop Param Bir

Following this, the Maharashtra Police had registered five FIRs against Parambir, alleging extortion, corruption and misconduct on part of the officer.

While transferring the case on March 24, the court had said, “The objective is to embolden and gain the people’s confidence in the police force by an impartial investigation which is necessary.”

“This is not a reflection on the police force of the state of Maharashtra,” said the bench of Justices S K Kaul and M M Sundresh. But it flagged “the troubling situation arising at the higher echelons which has brought about the scenario as presented before us”.

The bench had also ruled that future FIRs against Singh, if any, shall also be transferred to the Central Bureau of Investigation.

The court had then rejected the argument of the Maharashtra counsel, Senior Advocate Darius Khambatta, that “the FIRs registered really have to be appreciated in a scenario where when a person loses power, the persons who suffer at his hand come up with their hands and FIRs are registered”.

The bench said: “It is not a coincidental occurrence or occurrences arising from the aforesaid but we do believe prima facie there has been some concerted effort in this direction arising from the intense battle which needs investigation by an agency outside the state police.”

“We are not saying the appellant (Singh) is a whistleblower. We are not saying that anyone involved in this process is washed with milk…what is the truth, who is at fault, how does such a scenario come to prevail presenting a disturbing picture before the court is something that requires an independent probe,” said the court.

On November 22 last year, the top court had granted Singh major relief when it directed the Maharashtra Police not to arrest him in criminal cases lodged against him.

The Maharashtra Police had earlier told the apex court that Singh cannot be considered a “whistleblower” under the law as he chose to speak out against alleged corruption involving Deshmukh only after he was transferred.

“The CBI must hold an impartial inquiry into all these aspects to find out whether the allegations made resulting in the FIRs being registered have a ring of truth or whether they are only a repercussion of the appellant having raised a red flag,” the court said and noted that it is not commenting on the merits of the allegations.

It directed that the case records be transferred to the CBI within one week.

The court said that “the very timings of all these (FIRs against Singh) raise grave doubts” and that “it is reflecting on the whole administration…”