Expelled Kerala DGP T P Senkumar has reiterated before the Supreme Court 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 Perumpavoor murder case or Puttingal fire tragedy as alleged by the state government.
The apex court will take up Senkumar’s plea and his rejoinder to the counter affidavit filed by Kerala government tomorrow. On 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 Perumpavoor 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.
Appearing before a bench of Justices Madan B Lokur and Deepak Gupta, Senkumar's counsel and senior advocate Dushyant Dave had on March 7 urged the court to stay the state government's decision which, he said, smacked of arbitrariness. "I am being damned without reason. By the same standard, will the chief minister be removed taking responsibility for the political murders?" he asked.
The court prima facie agreed with his submission that a top officer cannot be punished for an incident. "We have been reading in papers about crime incidents that take place almost daily. If on the basis of such incidents, you begin to remove DGP of a state, there would be no policemen left in this country to serve at this post," the bench had said.
Senkumar challenged the decision of his removal as a violation of Section 97(2)(e) of Kerala Police Act which assures a two-year tenure to the DGP. He was removed with one year of his tenure still left.