Kerala Ex-DGP Senkumar Case: Raising Jishnu Issue, SC Asks Why Present DGP Behera Not Removed?

The suo motu invocation of the burning Jishnu suicide case issue in kerala by the Supreme Court during the hearing of the petition filed by expelled Kerala DGP T P Senkumar seeking his restoration evoked considerable interest today.It is to be noted that Jisha murder case and Puttingal fire tragedy was being attributed to the “failures” of Senkumar leading to his ouster.“Has the present DGP (Loknath Behera) been removed? Seen some report that for five days that lady is in hunger strike. Has he been removed? The present DGP? Justice Madan B Lokur asked the counsel for the Kerala government.KERALA GOVT SLAMMED OVER DELAY IN FILING ADDITIONAL AFFIDAVIT“We cannot be dictated on it. When to file affidavits…the state is just filibustering”, Senior Advocate Dushyant Dave who appeared for Senkumar said.Senkumar in an affidavit has already told the SC that his removal from the post by Chief Minister Pinarayi Vijayan can only be related to his independent and thorough investigation into the political violence in the state in which several CPI(M) leaders had come under the probe and had nothing to do with his handling of Jisha murder case or Puttingal fire tragedy as alleged by the state government.The apex court today took up Senkumar’s plea and his rejoinder to the counter affidavit filed by Kerala governmentOn a petition filed by Senkumar seeking his reinstatement, the apex court had on March 7 sought explanation from the LDF government in Kerala on its decision.It is pertinent to note that the state government in its counter affidavit said “the petitioner had not pleaded any malafides against the additional chief secretary(Home) who prepared the reports pertaining to Jisha murder and Puttingal temple fire tragedy.“These reports were relied on by the state before the administrative tribunal.It was specifically stated by the state before the tribunal that these reports and files pertaining to the same were relied on by the government to transfer the petitioner”, the state government’s affidavit said.“The manner in which the petitioner dealt with the temple fire and jisha murder created widespread serious dissatisfaction among the general public about the efficiency of the state police”, the affidavit stated.In a detailed rejoinder to the counter affidavit filed by the state government defending its move, Senkumar has touched upon all the issues and given a point-to-point rebuttal of all accusations leveled by the state government. TARGETED FOR ACTION AGAINST POLITICAL VIOLENCE: It would be pertinent to note the disastrous increase of the spate of political killings that have occurred in the State of Kerala since my removal as State Police Chief. I took it upon myself to impose a crack down on any form of political violence in the State , as a result of which there was a huge reduction in numbers. In the 1st year since I was removed, there have been 13 political murders in the State. It is submitted that the freedom and independence to act without fear of back lash against persons regardless of political affiliation was the intent behind this Hon'ble Courts judgment in Prakash Singhs case. ON JISHA MURDER CASE: The counter affidavit of the government said I was removed for the manner in which I dealt with Jisha murder case and Puttingal temple fire.As far as the Jisha Murder Case is concerned, Chief Minister Pinarayi Vijayan, in his statement before the State Legislature on March 8, 2017 stated that I was not removed because of the manner in which he dealt with the Jisha Murder Case. True Copy of the extract of the news article covering the said statement before the State Legislature on 9.3.2017 submitted herewith. “Therefore the criteria of the State Govt. before this Hon'ble Court holds no water because of the contradictory stands taken by the State Govt. at various levels. On the one hand the Chief Minister on 27.5.2016 vide its note invokes Section 97(2)(e) of the Act and transfers the Petitioner on the ground of his handling of the Jisha Murder Case, which is also the State Govt's defense before the CAT, High Court and this Hon'ble Court. However, the Chief Minister gives a statement contrary to the assertions on the floor of house as late as on 8.3.2017. Therefore, on this ground alone the impugned order dated 25.1.2017 ought to be struck down”. Said Kumar. ON PUTTINGAL FIRE TRAGEDY: When I was asked by the earlier Chief Minister Oomen Chandy to discuss the incident, I issued a nine point noting indicating my analysis of the facts and the action which was to be taken. Curiously, this nine point noting of the Petitioner was missing from the file pertaining to the incident. A true copy of the noting dated 14.4.2016 is submitted herewith as Annexure R3 for perusal of this Hon'ble Court. A study of the same indicates that the Petitioner took a non partisan perspective of the incident and therefore there can be no allegation against the Petitioner that no action was taken. DECISION OF REMOVAL NOT BY COUNCIL OF...

Kerala Ex-DGP Senkumar Case: Raising Jishnu Issue, SC Asks Why Present DGP Behera Not Removed?

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