The Supreme Court today directed the reinstatement of former Kerala DGP TP Senkumar, who had been removed from the post by the Kerala government last year..The judgment was passed by Justices Madan B Lokur and Deepak Gupta in an appeal filed by Senkumar against judgment of the Kerala High Court..Senior Advocate Dushyant Dave and advocates Prashant Bhushan and Haris Beeran appeared for Senkumar, while Senior Advocate Harish Salve and advocate G Prakash represented the Kerala government..Senkumar was removed from his post by the LDF government on the grounds that his handling of the Puttingal firework disaster and the rape and murder of the Dalit law student at Perumbavoor were “totally unsatisfactory.”.The Court categorically turned down the two reasons adverted to by the State government for removal of Senkumar. The Court had the following to say regarding the same:.“The facts and the record of the present case indicate that the Puttingal Temple tragedy and the Jisha murder were not the flash points necessitating the transfer of the appellant. The reason for his transfer was his conduct post the Puttingal Temple tragedy in not taking action against the errant police officers (but supporting them) and in apportioning a part of the blame on the district administration. The reference to the Jisha murder case was an attempt at padding up the reason while the reference to the alleged interference in the investigations by the CB-CID was a red herring or a ruse – the alleged interference was not even in the contemplation of the Chief Minster. The addition of the allegation of interference with the investigations in the Puttingal Temple tragedy is a further attempt in that direction – to somehow or the other nail the appellant.”.The Court then addressed the contention of the State government regarding Section 97(2)(e). Section 97 of the Act mandates that the State Government shall ensure a minimum tenure of two years for the State Police Chief. However, the State Police Chief could be transferred out before completion of the tenure if the State Government is prima facie satisfied that it is necessary to do so, on certain grounds specified in sub-section (2) of Section 97 of the Act. Clause (e) of the said section relates to causing “serious dissatisfaction in the general public about efficiency of police in his jurisdiction.” The State had relied heavily on that clause to buttress its arguments. The Court, however, held the following:.“Learned counsel for the State Government is right in submitting that it is only a prima facie satisfaction that is to be arrived at by the State Government that the general public is dissatisfied with the efficiency of the police so as to enable a shifting out of the State Police Chief. However, that prima facie satisfaction must be based on some cogent and rational material. Nothing has been placed before us in this regard except the view that there was dissatisfaction among the general public on the efficiency of the police. Mere repetition of the provisions of Section 97(2)(e) of the Act is not sufficient – there must be some material on record (other than a newspaper report) but unfortunately nothing has been pointed out to us during the course of submissions. It is not enough to merely contend that the State Government was subjectively satisfied that the appellant ought to be transferred out as the State Police Chief.”.Interestingly, the judgment does not shy away from making some observations about what it considers as a politically motivated act by the State government..“We are a little disturbed by the resurrection of the Puttingal Temple tragedy and the Jisha murder case on 26th May, 2016 as soon as the present government in Kerala assumed office. The so-called public dissatisfaction with regard to the role of the police in the Puttingal Temple tragedy lay dormant for more than one month and similarly, the role of the police in the investigations in the Jisha murder case also remained dormant for almost a month. Suddenly, these issues resurfaced as soon as the present government assumed office. This might perhaps be a coincidence but it might also be politically motivated….”.The Court, therefore, concluded that Senkumar was “unfairly and arbitrarily” treated and proceeded to set aside the High Court judgment and ordered that Senkumar be reinstated as State Police chief..Read the judgment below..Image taken from here.
The Supreme Court today directed the reinstatement of former Kerala DGP TP Senkumar, who had been removed from the post by the Kerala government last year..The judgment was passed by Justices Madan B Lokur and Deepak Gupta in an appeal filed by Senkumar against judgment of the Kerala High Court..Senior Advocate Dushyant Dave and advocates Prashant Bhushan and Haris Beeran appeared for Senkumar, while Senior Advocate Harish Salve and advocate G Prakash represented the Kerala government..Senkumar was removed from his post by the LDF government on the grounds that his handling of the Puttingal firework disaster and the rape and murder of the Dalit law student at Perumbavoor were “totally unsatisfactory.”.The Court categorically turned down the two reasons adverted to by the State government for removal of Senkumar. The Court had the following to say regarding the same:.“The facts and the record of the present case indicate that the Puttingal Temple tragedy and the Jisha murder were not the flash points necessitating the transfer of the appellant. The reason for his transfer was his conduct post the Puttingal Temple tragedy in not taking action against the errant police officers (but supporting them) and in apportioning a part of the blame on the district administration. The reference to the Jisha murder case was an attempt at padding up the reason while the reference to the alleged interference in the investigations by the CB-CID was a red herring or a ruse – the alleged interference was not even in the contemplation of the Chief Minster. The addition of the allegation of interference with the investigations in the Puttingal Temple tragedy is a further attempt in that direction – to somehow or the other nail the appellant.”.The Court then addressed the contention of the State government regarding Section 97(2)(e). Section 97 of the Act mandates that the State Government shall ensure a minimum tenure of two years for the State Police Chief. However, the State Police Chief could be transferred out before completion of the tenure if the State Government is prima facie satisfied that it is necessary to do so, on certain grounds specified in sub-section (2) of Section 97 of the Act. Clause (e) of the said section relates to causing “serious dissatisfaction in the general public about efficiency of police in his jurisdiction.” The State had relied heavily on that clause to buttress its arguments. The Court, however, held the following:.“Learned counsel for the State Government is right in submitting that it is only a prima facie satisfaction that is to be arrived at by the State Government that the general public is dissatisfied with the efficiency of the police so as to enable a shifting out of the State Police Chief. However, that prima facie satisfaction must be based on some cogent and rational material. Nothing has been placed before us in this regard except the view that there was dissatisfaction among the general public on the efficiency of the police. Mere repetition of the provisions of Section 97(2)(e) of the Act is not sufficient – there must be some material on record (other than a newspaper report) but unfortunately nothing has been pointed out to us during the course of submissions. It is not enough to merely contend that the State Government was subjectively satisfied that the appellant ought to be transferred out as the State Police Chief.”.Interestingly, the judgment does not shy away from making some observations about what it considers as a politically motivated act by the State government..“We are a little disturbed by the resurrection of the Puttingal Temple tragedy and the Jisha murder case on 26th May, 2016 as soon as the present government in Kerala assumed office. The so-called public dissatisfaction with regard to the role of the police in the Puttingal Temple tragedy lay dormant for more than one month and similarly, the role of the police in the investigations in the Jisha murder case also remained dormant for almost a month. Suddenly, these issues resurfaced as soon as the present government assumed office. This might perhaps be a coincidence but it might also be politically motivated….”.The Court, therefore, concluded that Senkumar was “unfairly and arbitrarily” treated and proceeded to set aside the High Court judgment and ordered that Senkumar be reinstated as State Police chief..Read the judgment below..Image taken from here.
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