Prakash Singh judgment only a mantra recited periodically, no seriousness in implementing its directions: Supreme Court in Param Bir Singh order

The Supreme Court on Wednesday stated that the landmark judgment of Prakash Singh v. Union of India (2006), which dealt with police reforms, is used periodically only as a mantra, to suit the occasion whenever it arises..The observation was made in the order passed by the Bench of Justices Sanjay Kishan Kaul and R Subhash Reddy in the plea filed by former Mumbai Police Commissioner Param Bir Singh seeking a Central Bureau of Investigation (CBI) probe into allegations against Maharashtra Home Minister Anil Deshmukh..In Prakash Singh, a three-judge Bench in September 2006 issued a number of directions regarding the operational reform and functional autonomy of the police in India..When Senior Advocate Mukul Rohatgi, appearing for Singh, cited the Prakash Singh judgement in the course of his arguments today, the Court noted, ."In our view, this is only a mantra recited periodically, wherever the occasion so suits, and there has been no seriousness by all concerned to ever implement the directions enshrined in the judgment. These directions were based on the principle of insulating police machinery from political/executive interference to make it more efficient and to strengthen the rule of law. It appears that none want to give up, inter alia, the control of police transfers or implement measures that would insulate the police machinery from performing its role without any uncalled for interference." .The Court on Wednesday refused to entertain Singh's plea, instead granting him the liberty to move the Bombay High Court under Article 226 of the Constitution..Rohatgi told the Court that he will move Bombay High Court on Wednesday itself and withdrew the plea.He asked for a direction to be issued to the High Court to hear the matter on Thursday in view of the fact that the case involves certain CCTV footage etc.The Court recorded Rohatgi's request in its order and asked him to raise the said request before the High Court..Param Bir Singh v Anil Deshmukh "serious matter", but approach Bombay High Court first: Supreme Court to Param Bir Singh.The plea by Singh came close on the heels of a letter written by him to Chief Minister Uddhav Thackeray alleging that Deshmukh used to frequently interfere with police investigations and repeatedly call officers and give them instructions on the course of action to be followed by them while conducting investigation..[Read order]