Former Mumbai Police Chief Officer Moves SC Seeking CBI Probe Against Home Minister of Government of Maharashtra, Challenges His Transfer

Former Mumbai Police Chief Officer Moves SC Seeking CBI Probe Against Home Minister of Government of Maharashtra, Challenges His Transfer

Former Mumbai Police chief Param Bir Singh has moved the Hon’ble SC in quest of CBI investigation in the alleged unethical malpractices of Anil Deshmukh, Home Minister of Government of Maharashtra. 

Former Mumbai Police chief officer who was shifted out as Mumbai Police Commissioner in the rouse of Antilia bomb scare case has also challenged the Government’s Order transferring him from the post of Mumbai Police Commissioner. 

The Police officer further wrote a letter to Maharashtra CM raising contentions against the Home Minister of Government of Maharashtra, which found its way to the press on 20th March 2021. 

The Police officer has additionally submitted in his petition before the Hon’ble Court that the Home Minister of Government of Maharashtra had been holding meetings in February 2021 at his house with police officers including officers from the Crime Intelligence Unit, Mumbai, and ACP Social Service Branch, Mumbai, evading their seniors and had coached them that he had a target to accumulate Rs. 100 crores every month and had directed to collect money from various establishments and other sources. 

The petition filed by the Police Officer also stated that it is constantly learned that “on or about 24th/25th August 2020, the Commissioner Intelligence, State Intelligence Department had brought to the notice of the Director-General of Police, who in turn brought it to the knowledge of the Additional Chief Secretary Home Department, Government of Maharashtra about corrupt malpractices in postings/transfers by Shri Anil Deshmukh based on telephonic seizure”. 

The Police Officer furthermore alleged that the Home Minister of Government of Maharashtra had been intrusive in various investigations and was coaching the police officers to conduct the same in a particular manner as anticipated by him. 

The Police Officer continued, that each such act of the Home Minister of Government of Maharashtra in the exploitation of the official position of the Home Minister, whether in calling and directly instructing the police officers of lower rank for his malicious intent of extracting money from institutions 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/transfers of officers, cannot be approved or justified in any democratic State. Fair CBI investigation is accordingly reasonable in each of such acts of Shri Anil Deshmukh in abuse of the official position of the Home Minister. 

Needful to indicate that in the petition filed before the Hon’ble court by the Police Officer has also submitted that the Home Minister of Government of Maharashtra had brought the aforesaid fact of happenings in the knowledge of the senior leaders and the Chief Minister of the Government of Maharashtra. 

In continuance, the Police Officer also revealed that immediately thereafter, on 17.03.2021 an Order vide Notification of the Home Department was issued, under which, the Petitioner herein referred to as Police Officer in the present case was transferred from the post of the Police Commissioner of Mumbai to the Home Guard Department arbitrarily and illegally without the completion of the minimum fixed tenure of two years. 

It is a well-settled fact that the transfer of the petitioner in the aforesaid circumstances is for reasons smeared with malice. Such transfer followed by adverse media publicity by the Home Minister of Government of Maharashtra violates Article 14 and 21 of the Constitution of India.

Thereafter, Petitioner also submitted that he is being purely made incriminating in the entire episode relating to Antilia bomb scare with oblique purposes and evil motives, merely on speculations and presumptions.

Later the petitioner also mentioned that the decision to transfer the Petitioner from his posting as the Commissioner of Police, Mumbai is more of a political move with oblique purposes and sinister motives. 

It is submitted that the Petitioner was leading various important investigations and was at the crossover of detection surprising discoveries. The petitioner i.e., the Police Officer in the present case also submitted that the Government of Maharashtra has already withdrawn consent for CBI investigations into the offenses within the State of Maharashtra. Therefore, there is no other equally ravenous and expedient remedy save and except seeking such directions the writ petition filed under Article 32 of the Constitution of India. 

The Petitioner also in his Prayer mentioned that 

 (a) Issue a writ of mandamus or any other appropriate writ, order, or direction directing the Central Bureau of Investigation to immediately conduct an unbiased, uninfluenced, impartial, and fair investigation in the various corrupt malpractices of the Home Minister of Government of Maharashtra.

(b) Issue an appropriate writ, order, or direction to quash and set aside the Order concerning the transfer of the Petitioner from the post of Police Commissioner, Mumbai as illegal and arbitrary, in violation of Articles 14 and 21 of the Constitution of India, for each of the grounds namely for being without the completion of the minimum fixed tenure of two years.

(c) Issue appropriate orders or directions to safeguard the petitioner from any further coercive steps apprehended in retaliation for laying bare the corrupt malpractices of the Home Minister of the Government of Maharashtra.

Sneh Somani
Experienced Legal Research Assistant with a demonstrated history of working in the law practice industry. Skilled in Journalism, Research, and Writing. Strong legal professional with a bachelor of arts and law focused in Law from Symbiosis Law School, NOIDA. Engrossed work in Gender studies and Women Empowerment and Contemporary Issues.