Supreme Court order on Param Bir's plea says 'matter serious'; notes posting racket report

Hearing the plea filed by former Mumbai Police Commissioner Param Bir Singh on Wednesday, the Supreme Court directed the petitioner to approach the Bombay HC under Article 226 to seek a CBI probe into the alleged corrupt malpractices of Maharashtra HM Anil Deshmukh. Republic Media Network has now accessed the full order by the bench led by Justice Kaul and Justice Subhash Reddy that heard the matter. The top court observered that the matter is 'quite serious' and affects the administration at large as it directed Param Bir Singh to knock on High Court's door. 

Key observations made by the SC: 

Taking note of the allegations levelled by Param Bir Singh against Maharashtra HM Anil Deshmukh, the Supreme Court bench observed that the matter is quite serious and made a remark on the material that has come out in public forum. 

"We have no doubt that the matter is quite serious and affects the administration at large. It also appears that a lot of material which has come in public domain is a consequence of the personas falling out," the SC judgement said. 

Pointing out at the report of Rashmi Shukla, the ex-Commissioner, State Intelligence Department which brought to fore the network of corruption in the police force, the SC bench maintained that the High Court also has the authority to address the issue. Rashmi Shukla's letter to ex-Maharashtra DGP Subodh Jaiswal had revealed that she had received complaints of a network of "brokers"- individuals with political connections ensuring desired postings for police officers in an exchange for "massive monetary compensation". Elaborating on the shocking details of the probe, she revealed that the aforesaid brokers are in contact with influential people and many police officers. 

"There have also been subsequent developments in the matter as has been noticed in terms of the report of Ms. Rashmi Shukla, Commissioner, State Intelligence Department. The High Court has the requisite authority to address the same," the top court said while referring to the matter. 

Moreover, the Supreme Court also referred to the judgement in the landmark PIL filed by former BSF chief Prakash Singh. Coming down harshly on authorities, the Supreme Court asserted that the judgement was cited as a precedent only when it suited the parties but there have been no efforts to implement the verdict in spirit. The 2006 landmark verdict in the case of Prakash Singh & Ors. v. Union of India, the top court had given specific directions to the central and state governments to carry out structural changes in the police with a view to insulating it from extraneous pressures and making it accountable to the people.

"Referring to the judgement in Prakash Singh & Ors. v. Union of India, the Supreme Court noted that the precedent is only recited when it suits the occasion and that there has been no 'seriousness' to implement the directions enshrined in the judgement. The top court has asserted that the judgement in the aforementioned case were based on the principle of 'insulating police machinery from political/executive interference' to make it more efficient," the Supreme Court bench observed on Wednesday. 

In a massive development, a Thane Court has asked the Mumbai Police ATS to hand over thhe probe in the alleged Mansukh Hiren murder to the National Investigation Agency (NIA)

The Supreme Court bench led by Justice Kaul and Justice Subhash Reddy on Wednesday directed former Mumbai Police Commissioner Param Bir Singh to approach the Bombay HC under Article 226 to seek a CBI probe into the alleged corrupt malpractices of Maharashtra HM Anil Deshmukh. Hearing the plea on Wednesday, the SC bench noted that 'things were fine between the two personas until something erupted in public' and remarked that the matter was 'quite serious'. Param Bir Singh's advocate Mukul Rohatgi told the SC bench that they would move Bombay HC on Wednesday afternoon and requested for the matter to be taken up on Thursday. The Court also denied a request made by an applicant Amritpal Singh seeking a live telecast of the case, due to wide political ramifications. 

Representing former Mumbai Police CP Param Bir Singh, advocate Mukul Rohatgi told the SC that they would move Bombay High Court by Wednesday afternoon and asked the apex court to direct the HC to take the matter up on Thursday

The SC bench led by Justice Kaul asked the petitioner (Param Bir Singh) to approach the Bombay HC under Artice 226 toi demand a probe from an investigation agency and noted that the HC had wide powers to do so. 

Justice Kaul remarked that things seemed to be fine between the two personas until something erupted in public glare and that now allegations are being made by both parties. 

the SC bench hearing Param Bir Singh's plea asked advocate Mukul Rohatgi why the Bombay HC can't hear the matter under Article 226. Advocate Rohatgi points out that Param Bir Singh's transfer was not on administrative grounds and says that it is rare that a police commissioner was removed in such a manner

Justices SK Kaul and R Subhash Reddy ask 'what is applicability' and why 'the person hasn’t even been impleaded as a party' to which Param Bir Singh's advocate and former A-G Mukul Rohatgi replies that regarding maintainability, Article 32 plea can be maintained where Art 226 can be maintained. 

The Supreme Court has begun the hearing in Param Bir Singh's plea seeking an impartial CBI probe in the alleged corrupt malpractices oh Maharashtra Home Minister Anil Deshmukh. 

Param Bir Singh has accused Anil Deshmukh of abusing his power as Home Minister for calling and directly instructing police officers for 'extorting money from establishments across Mumbai and from other sources' and for interfering in investigations. Param Bir Singh demanded a fair CBI investigation to probe Anil Deshmukh's abuse of the office of Home Minister. Further, Param Bir Singh also informed SC that he had shared the details of Anil Deshmukh's alleged malpractice with CM Uddhav Thackeray and other senior leaders of the government. 

In his plea, Param Bir Singh makes the following allegations, among others:

• That in August 2020, the then Commissioner Intelligence of the State Intelligence Department had brought to the notice of the Maharashtra DGP and consequently the Additional Chief Secretary of the Home Department the 'corrupt malpractices in postings/transfers by Anil Deshmukh'. He writes, 'she was shunted out rather than taking any firm action against Anil Deshmukh.'
• He goes on to state that 'each act of Anil Deshmukh in abuse of official position of the Home Minister, whether in calling and directly instructing the police officers of lower rank such as Vaze and Patil for his malicious intent of extorting money from establishments across Mumbai and from other sources, or whether in interfering in the investigations and directing the same to be conducted in a particular manner, or whether indulging in corrupt malpractices in posting/transfer of officers, cannot be counteranced or justified in any democratic state.'
• He proceeds to say, "Fair CBI investigation is thus warranted in each of such acts of Anil Deshmukh in abuse of the official position of the Home Minister"

Maharashtra ATS on Tuesday seized a printer from suspended constable Vinayak Shinde who was arrested yesterday in the Mansukh Hiren death case. As per sources, this printer was allegedly used to print the threat letter that was placed in the gelatin-laden Scorpio outside industrialist Mukhesh Ambani's residence on February 25. A diary and some other documents have also been seized which are currently being taken for further analysis by the investigation agency to their Thane office. 

On Monday, ATS had confirmed that constable Vinayak Shinde, who is considered to be the major accomplice of prime accused suspended Mumbai API Sachin Vaze was 'actively' in the Mansukh Hiren murder case. It had revealed that Shinde had met Vaze at the CIU office at the Mumbai Police Headquarters a day before Hiren was found dead in the Kalwa creek. 

Notably, constable Vinayak Shinde, is a suspended police constable who was sentenced to life imprisonment in 2007 for allegedly encountering Lakhanbhai at Versova. He has been on parole since May 2020.  

65 officers of the Mumbai Police Crime Branch were transferred on Tuesday amid the Vazegate scandal. Notably, the long list also features Mumbai API and close-aid of Sachin Vaze- Riyaz Qazi who had been questioned by the NIA in connection with the Mukesh Hiren murder case last week. This comes days after the Vazegate scandal imploded within the Mumbai Police and Maharashtra Government after controversial API Sachin Vaze was suspended by the force following his alleged involvement in placing the gelatin sticks-laden SUV and threat letter outside billionaire industrialist Mukesh Ambani's Mumbai residence.

The Supreme Court will hear the plea of ex-Mumbai Police Commissioner Param Bir Singh seeking a CBI probe into the alleged "corrupt malpractices" of Maharashtra Home Minister Anil Deshmukh today (Wednesday) at 11 am. The petition will come up for hearing before a bench of Justices Sanjay Kishan Kaul and R Subhash Reddy. Param Bir Singh has also challenged the order transferring him from the Mumbai Police Commissioner's post and sought protection from any coercive steps that might be initiated against him in retaliation. 

Attributing political motives to the transfer, the plea noted, "The decision to transfer the petitioner from his posting as the Commissioner of Police, Mumbai vide the impugned notification dated 17.03.2021 is more of a politically influenced move by certain political parties, aggrieved by the revelation of corrupt practices of Shri Anil Deshmukh to senior leaders and the Hon'ble Chief Minister."

Allegations against Anil Deshmukh

The controversy came to the fore on February 20 when Param Bir Singh levelled serious 'extortion' charges against Anil Deshmukh. In a letter addressed to Maharashtra CM Uddhav Thackeray, Singh refuted Deshmukh's remarks that his transfer as Home Guards Commandant General was due to serious lapses in the Antilia bomb scare case. Moreover, he alleged that the NCP leader had asked Assistant Police Inspector Sachin Vaze to extort Rs.100 crore per month from 1750 bars, restaurants and other establishments in Mumbai.

However, the Maharashtra Home Minister rejected these claims and announced that he will file a defamation suit against Singh. While NCP chief Sharad Pawar has dismissed the need for Deshmukh's resignation, the MVA as a collective is yet to officially rule out this possibility. In a bid to downplay Singh's claims, Pawar alleged that Deshmukh did not meet Assistant Police Inspector Sachin Vaze in February.

To buttress his point, he mentioned that the NCP leader had been hospitalised in Nagpur from February 5-15 owing to COVID-19 and underwent home quarantine thereafter till February 27. However, this claim was rubbished with BJP leader Devendra Fadnavis pointing out that the NCP leader held a press conference on February 15. When the passenger manifest dated February 15 and a hospital letter clarifying that he was fit to fly emerged in the public domain, the Maharashtra Home Minister finally acknowledged that he returned to Mumbai on February 15 itself.