On Monday, the Supreme Court declined to entertain a petition filed by former Mumbai Police Commissioner Param Bir Singh seeking a CBI probe into the allegation levelled against Anil Deshmukh (Maharashtra Home Minister).
The Bench comprising Hon’ble Justice Sanjay Kishan Kaul and Hon’ble Justice R Subhash Reddy observed that allegations and counter-allegations against Deshmukh and Singh were serious. Still, the High Court should look into it first.
Senior Advocate Mukul Rohtagi who appeared for Singh informed the Court that he would approach the High Court on Wednesday but requested them to direct the High Court to hear the case on Thursday as some CCTV footage related to the case.
The Court asked Rohtagi to raise the issue before the High Court.
Singh’s plea also challenges the State’s order to transfer him as violative of Article 21 and 14 of the Constitution.
The petition also states that Deshmukh had meetings with various police officers In February 2021 and asked them to collect 100 crores every month from various establishments. The plea stated that such actions showed Deshmukh’s intention to extort money from various establishments.
Singh referred to T.S.R. Subramanian v. Union of India, wherein it was held that such transfers were against the public interest.
When the Apex Court took up the case, the Bench posed the following two questions:
- Why the petition was preferred under Article 32, and why not under Article 226.
- The petition is filed against a person who has not been arrayed as a party.
Rohtagi answered that the petition was filed under Article 32 as it is in the public interest. Answering the second, he stated an application to array Deshmukh as a party has been filed in the Court.
After listening to the submissions, the Bench opined that the High Court should hear the matter and went on to pass an order to that effect.