Himachal HC dismisses plea seeking Afroz’s reinstatement as Baddi SP

Ilma Afroz took over as Baddi SP in January last year and her confrontations with an MLA started last August when she issued challans to some mining-related vehicles; she is now posted at Shimla police headquarters

The Himachal Pradesh High Court has dismissed as not maintainable the public interest litigation (PIL) seeking reinstatement of 2018-batch IPS officer Ilma Afroz as superintendent of police (SP). “Moreover, SP’s posting is a sensitive issue and looking into the nature of the duties, it is the prerogative of the state government as to which officer is to be transferred or kept in a particular place,” ruled the bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja on Monday while dismissing the petition.

It is the prerogative of the state government as to which officer is to be transferred or kept in a particular place, rules high court. (Shutterstock)

According to petitioner Sucha Ram, a resident of Nalagarh in Baddi, the SP was ‘pressured’ to take leave despite the fact that she was an “exemplary worker in curbing the illegal mining activities and had effectively taken action against the drug mafias”. The PIL mentioned Afroz had proceeded on a 15-day leave from November 7 amid reports of differences with Congress MLA from Doon Ram Kumar Chaudhary and later got the leave extended before joining duty back on December 16 last year. The charge of Baddi SP was handed over to Himachal Pradesh Police Service (HPPS) officer Vinod Kumar Dhiman on November 14.

The PIL alleged law and order in the area deteriorated after Afroz’s transfer. The petition added that there are 43 crusher units being operated by local politicians on the border of Solan district near Punjab and Haryana. It alleged the police colluded with these “mafias”, ignoring directives from the National Green Tribunal (NGT) and the HC.

Afroz took over as Baddi SP in January last year and her confrontations with MLA Chaudhary started last August when she issued challans to some mining-related vehicles.

The petition points out a September 9 high court order, which directed that the Baddi SP not be transferred without the court’s permission in wake of pending investigations of a sexual harassment case in Nalagarh.

During the assembly’s monsoon session in September, MLA Chaudhary filed a privilege motion against Afroz, accusing her of ‘breaching his privacy’. The inquiry was assigned to deputy inspector general (DIG) Abhishek Dullar. The police department has already submitted the probe report through DGP to the assembly secretariat in February.

Afroz, who hails from a Kundarki village in Moradabad district of Uttar Pradesh, cleared the Union Public Service Commission (UPSC) exam with an all-India rank of 2017, is presently posted at the Shimla police headquarters. During the hearing in January, the state had apprised the HC that Afroz had ‘opted to be transferred’ from Baddi.