The Supreme Court on Tuesday asked the Maharashtra government to "completely stay its hand" against former Mumbai Police Commissioner Param Bir Singh while it takes a call on whether criminal cases registered against him should be transferred to the Central Bureau of Investigation (CBI).
A Bench led by Justice Sanjay Kishan Kaul said the mutual distrust between Maharashtra and its once top police officer shows a "messy state of affairs".
The morass of accusations and criminal cases exchanged between the State and Mr. Singh was a "very unfortunate situation" and ultimately dented the confidence of the people in the police system.
Former Maharashtra Home Minister Anil Deshmukh, whom Mr. Singh had accused of corruption only in turn to face similar charges, is already under arrest for offences including money laundering.
"It is a messy state of affairs," Justice Kaul said.
The court listed the case on March 9 to hear arguments on the transfer of investigation of cases, including extortion and corruption, against Mr. Singh to the CBI.
"Meanwhile, you [Maharashtra] please completely stay your hand. We do not know if investigation has to be transferred to the CBI... We want and will take a final view on that," Justice Kaul addressed senior advocate Darius Khambatta, for the State.
Solicitor General Tushar Mehta, for the CBI, said that the State police continuing with the investigation, especially the recording of statements, when the question of transfer of the case to the CBI was pending in court would leave matters in an awkward position. There would be a possibility that statements may point to a particular direction or colour the case, leaving it difficult for the central agency to start its probe with a clean slate.
The former police chief, represented by senior advocate Puneet Bali, has portrayed himself as a whistleblower who plucked up the courage to face a "draconian" State and its police which have hounded him for exposing the alleged wrong doings of Mr. Deshmukh.
The Supreme Court had protected Mr. Singh from arrest in November last year, provided he cooperated with the investigation against him.
In early December 2021, the Supreme Court had indicated its prima facie view that the CBI, and not Maharashtra Police, ought to probe the allegations of corruption and misconduct against Mr. Singh.
The Bench was hearing an appeal filed by Mr. Singh against a Bombay High Court order dismissing his plea challenging the inquiry ordered against him for corruption and allegedly violating service rules.
Senior advocate Darius Kambatta, for Maharashtra, had said the cases should remain with the Maharashtra Police. The issues raised by Mr. Singh concerned departmental inquiries which should be resolved in the Central Administrative Tribunal. The High Court had dismissed the case for the reason that the Tribunal had "exclusive jurisdiction" over it.
The State has argued that Mr. Singh was wrongly portrayed as a "whistleblower", he had written a letter against Mr. Deshmukh and leaked it to the media when he sensed the tide turning against him.
