New Delhi:Former Mumbai Police commissioner Param Bir Singh cannot be considered as a "whistleblower" under the law as he chose to speak out against alleged corruption involving former home minister Anil Deshmukh only after his transfer, the Maharashtra government has told the Supreme Court seeking dismissal of his plea.
A bench headed by Justice S K Kaul had granted a major relief to Singh on November 22 by directing the Maharashtra Police not to arrest him in criminal cases lodged against him and had wondered if he was being hounded for filing cases against police officers and extortionists, "what could happen to a common man".
Seeking dismissal of Singh's plea for a CBI probe into the entire matter and against any coercive action by the state, the Maharashtra government has filed a reply affidavit in the apex court and said that the ongoing probe in criminal cases against the former top cop not be interfered with.
In the affidavit, Joint Secretary of Maharashtra Home Department Venkatesh Madhav said, "Petitioner (Singh) cannot be considered a whistleblower. I state and submit that, contrary to what is stated in the SLP (special leave petition), I deny that petitioner is a whistleblower as contemplated under the Whistle Blowers Protection Act, 2014 or that the ratio laid down in the case of...applies to the facts of the present case.
"As evident from the petitioners own letter dated March 20, 2021, the petitioner cites instances of alleged corruption that took place few months prior to March, but only sought to expose these allegations on March 20, that is three days after he was transferred. Thus it is denied that the petitioner's letter dated March 20 was issued in public interest or for a bonafide purpose and therefore it is denied that the petitioner is a whistleblower."
In the 83-page reply, the state government said Singh who was recently suspended from the Mumbai Police over allegations of misconduct is indirectly trying to seek a stay on the criminal investigations pending against him through the petition and has failed to disclose material and relevant facts.
"At the outset, I say that this court in a catena of judgements...has observed that it must be left to the discretion of the investigating agency to decide the course of investigation and that a court should interfere with an investigation only in rare cases.
Read: Mumbai police file charge sheet against Param Bir Singh, three others in extortion case
"The Petitioner has filed the SLP against the impugned judgement dated September 16, 2021, passed by the Bombay High Court , but is really seeking a stay of further proceedings into various criminal complaints registered against him and this, with great respect, ought not to be permitted by this court," the state government said.
The state government said that various enquiries against the suspended police officer are pending and being conducted.
"The following instances of negligence in performance of service by the petitioner were to be enquired into.... Whether the petitioner failed to control and supervise his subordinate Mr Sachin Waze (who was appointed as the head of the Crime Investigation Unit despite the opposition of the Joint Commissioner of Police (Crime), against whom a case has been registered by the NIA in view of his involvement in parking an explosive-laden car near the Antilia building , Mumbai, which was found on February 25, 2021, it said.
The affidavit said that the state government has accorded approval to initiate the disciplinary proceedings against him under the All India Services (Discipline and Appeal) Rules , 1969.