: No protection, no hearing until we know where you are, says SC on IPS officer Param Bir Singhs plea #IndiaNEWS #National New Delhi: The Supreme Court Thursday asked former Mumbai police commissioner
No protection, no hearing until we know where you are, says SC on IPS officer Param Bir Singhs plea #IndiaNEWS #National
New Delhi: The Supreme Court Thursday asked former Mumbai police commissioner Param Bir Singh, who has sought protective orders, to disclose his location, saying no protection, no hearing until we know where you are.
The apex court asked his lawyer to inform about Singhs whereabouts and posted the matter for hearing November 22.
A bench headed by Justice S K Kaul took exception that his plea seeking protection has been filed through power of attorney.
You are seeking protective orders; nobody knows where you are. Suppose you are sitting abroad and taking legal recourse through power of attorney then what happens. If that is so then you will come to India if the court rules in your favour, we dont know what you have in mind. No protection, no hearing until we know where you are, said the bench also comprising Justice M M Sundresh.
It further said: The petition has been filed through power of attorney. Where are you. Are you in this country or outside? In some state, where are you. We will come to the remaining, first we know where you are?
A magistrate court in Bombay Wednesday declared Singh a proclaimed offender in an extortion case registered against him and some other police officers in the city.
Singh had last attended his office in May this year after which he went on leave. The state police had told the Bombay High Court last month that his whereabouts were not known.
The crime branch of Mumbai Police, which is probing the extortion case, had sought the proclamation against him, saying that the IPS officer could not be traced even after the issuance of a non-bailable warrant.
Under Section 82 of the Code of Criminal Procedure, a court can publish a proclamation requiring an accused to appear if a warrant issued against him or her cannot be executed.
As per Section 83, after issuing such a proclamation the court can also order attachment of the offenders properties.
Former assistant police inspector Sachin Waze is also an accused in the case, registered at the Goregaon police station.
Besides Singh, co-accused Vinay Singh and Riyaz Bhatti were also declared proclaimed offenders by Additional Chief Metropolitan Magistrate S B Bhajipale Wednesday.
Bimal Agrawal, a real estate developer and hotelier, had alleged that the accused extorted Rs 9 lakh from him for not conducting raids on two bars and restaurants which he ran in partnership, and also forced him to buy two smartphones worth around Rs 2. 92 lakh for them.
The incidents occurred between January 2020 and March 2021, he had claimed.
Following his complaint, a case was filed under Indian Penal Code Sections 384 and 385 (both pertaining to extortion) and 34 (common intention) against six accused.
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