Supreme Court Refuses To Stay Dismissal Of Ishrat Jahan Case Probe Officer Satish Chandra Verma IPS, Requests Delhi HC To Hear His Challenge Soon

The Supreme Court on Wednesday refused to stay the Union Government's order dismissing Gujarat cadre IPS officer Satish Chandra Verma from service.A bench comprising Justices KM Joseph an Hrishikesh Roy observed that the Court is not inclined to interfere with the Delhi High Court's order refusing to stay the dismissal order, as it was an interim order. "At the same time, having heard the senior counsel, we are of the view that the impugned order must be modified to facilitate an earlier disposal of the writ petition. Accordingly, we direct that the writ petition 10539/2021 shall stand listed before the High Court on the 22nd of November 2022. The pleadings are to be completed by the parties well before that date. We request the High Court to dispose of the matter as early as possible preferably within a period of (...unclear) months from 22 November 2022", the bench dictated the order.The bench clarified that it has not expressed anything on the merits of the matter.The High Court, while refusing to grant interim relief, had posted Verma's matter to January 24, 2013 for hearing.The IPS Officer had assisted the Gujarat HC-appointed Special Investigation Team (SIT) in the probe of 2004 Ishrat Jahan case. The Home Ministry dismissed Verma on August 30, when he was due to retire on September 30. One of the grounds for dismissal includes "talking to the media which dented the country's international relations". The disciplinary proceedings were initiated in 2016 after Verma spoke to the media denying the allegations of torture in the Ishrat Jahan case probe.On September 19, the Supreme Court had kept in abeyance for a week Verma's dismissal order and left it to the High Court to consider whether to continue the stay or not.On September 26, the Delhi High Court refused to stay the dimissal. "We are not inclined to stay or interdict the order of dismissal dated 30.08.2022 at this stage," said the division bench of Justice Sanjeev Sachdeva and Justice Tushar Rao Gedela of the Delhi High Court observed in its order passed on September 26.Arguments in Supreme Court todayVerma's lawyer submitted before a bench comprising Justices KM Joseph and Hrishikesh Roythat the High Court has relied on an unproven transcript of an interview downloaded from YouTube. The High Court further observed that the dismissal order does not require stay as Verma is due to retire on September 30."I do not have any knowledge of who made the transcript and the CD. That is the sole evidence based on which I was dismissed and stay was refused", the petitioner's counsel submitted."The point is, you are presented with a fait accompli. Somebody else has been put in charge. We will advance the case for hearing sometime in November, and request the Court to take a decision as soon as possible", Justice Joseph told the counsel. Yesterday, when the matter was mentioned for urgent listing, Solicitor General of India Tushar Mehta had informed the bench that another officer has been appointed at the place of Verma after his dismissal."I have put in 38 years of service. At least I may be honourably permitted to leave. Please extend the stay and let the High Court decide", the counsel tried to persuade."But we have to balance everything. You talked about your honour, prestige. But if truth is on your side, you will have your day in court. But we can't do it now. You will have your tribulations, but if justice is on your side, you will succeed", Justice Joseph told the counsel."Let me retire with honour", the counsel requested."You are entitled to have your day in court if you are right..you will have your own tribulations, that is something which people who think they are doing their duty will have to undergo. You will have your reckoning", Justice Joseph observed.Solicitor General of India Tushar Mehta, appearing for the Union of India, said that he does not object to the advancement of the date but added that there is a "darker side to the story".The bench said that it does not want to make any further comments and disposed of the Special Leave Petition with the directions advancing the date of hearing in the Delhi High Court and setting the time limit for disposal.Case Title : Satish Chandra Verma versus Union of India SLP(C) No. 17265-17266/2022Click Here To Read/Download Order

Supreme Court Refuses To Stay Dismissal Of Ishrat Jahan Case Probe Officer Satish Chandra Verma IPS, Requests Delhi HC To Hear His Challenge Soon

Rintu Mariam Biju

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