The Supreme Court on Monday requested the Maharashtra Police to not file any chargesheet within the instances in opposition to former Mumbai Police Commissioner Param Bir Singh, however allowed it to proceed with the investigation within the instances.
A bench headed by Justice SK Kaul additionally prolonged the interval of its November 22 interim order restraining his arrest and mentioned the state’s submissions could counsel that another company investigates it.
The bench additionally included Justice MM Sundaresh, who was contemplating a plea by Singh, in search of response from the CBI on his prayer that the investigation of the instances ought to be handed over to the central company because it was already coping with instances underneath the lens of the CBI. are related.
Singh challenged the September 16 Bombay High Court order dismissing his plea in opposition to two preliminary probes launched in opposition to him by the state dwelling division on costs of alleged violation of service guidelines and corruption by the state authorities. Is.
Solicitor General Tushar Mehta, showing for the CBI, mentioned that the company is able to examine the matter if the case is handed over to it.
The bench, nonetheless, insisted that the company current its aspect in an affidavit and gave it per week’s time to take action.
Senior advocate Dais Khambata submitted that Singh’s criticism mainly pertains to a service matter which must be appeared into by the Central Administrative Tribunal. The SC, nonetheless, mentioned that “prima facie” it discovered the argument “difficult to accept”.
The bench mentioned it didn’t need to go into particulars, however requested why the current case additionally can’t be handed over to the CBI because the associated issues are already pending with it.
Khambata mentioned Singh was not a whistleblower and the Bombay HC had reserved order on his plea in search of a court-monitored probe into the instances in opposition to the previous commissioner as the present CBI chief SK Jaiswal was on the time of the controversial transfers and postings of the police institution. was the chairman of the board. Happened and will probably be a witness.
The bench then replied “Mr. Khambata from your submission…we feel that some other agency should consider the matter…”.
Additional Solicitor General Aman Lekhi advised the bench that the CBI had registered its objection to the state’s writ petition earlier than the High Court. He submitted that the state had moved the HC after the central probe company summoned current Maharashtra DGP Sanjay Pandey.
Singh’s counsel, senior advocate Puneet Bali, advised the bench that the state was appearing with mala fide intention and has filed a cost sheet in one of many instances.
Demanding an unbiased inquiry, Bali mentioned, “Please look in a hurry”. He sought to know whether or not it’s acceptable for the State Police to file a cost sheet, as soon as cognizance has been taken by the “SC” whether or not the FIR ought to be transferred to the CBI, whether or not it’s acceptable that they file a challan.
After the submission, the SC directed that no chargesheet be filed, however the investigation may proceed. The bench will now hear the matter on January 11, 2022.
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With inputs from TheIndianEXPRESS
