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SC rues: Cops do bidding of party in power
It urged officials to conduct themselves in a responsible way so that the rule of law can endure.
The Supreme Court on Thursday described as a “disturbing trend” senior police officers supporting a political party in power and later being targeted when the regime changes.
It urged officials to conduct themselves in a responsible way so that the rule of law can endure.
“It is a very disturbing trend. Police officers are supporting one government, which is in power. When the government changes, they face the same action...till the time they keep favouring political parties, this is what will keep happening. It is a sad state of affairs,” observed a bench comprising Chief Justice of India (CJI) NV Ramana and justice Surya Kant.
The bench made these observations while granting protection from arrest to suspended senior Indian Police Service (IPS) officer Gurjinder Pal Singh, who faces arrest in two separate cases involving sedition and corruption charges in Chhattisgarh.
Senior advocates Fali S Nariman and Vikas Singh appeared for Singh in the two cases, which, they claimed, were foisted on the officer after he did not accede to a demand made by Chhattisgarh chief minister Bhupesh Baghel to frame the previous chief minister of the state in certain cases of illegal gratification.
In their appeals against orders of the Chhattisgarh high court denying protection to Singh, Nariman and Singh maintained that the senior IPS officer was evidently targeted due to political reasons.
At this, the bench remarked that such things will continue happening until police officers do not stop associating themselves with the political regime.
“In some way, the police department will have to be held responsible. Rule of law will not exist if police officers do not feel responsible and are made accountable for such behaviour,” added the bench.
Representing the Chhattisgarh government, senior counsel Mukul Rohatgi opposed the plea of the additional director genera (ADG)-rank officer, emphasising that Singh has been absconding for two months and has not cooperated with the investigation. Rohatgi added that a charge sheet has already been filed in the sedition case and therefore, Singh’s petition for quashing the first information report (FIR) does not survive anymore.
Rebutting the accusations, Nariman said that there was no question of Singh absconding since he has already been suspended. “The sitting chief minister called him in the middle of the night and asked him to frame the former CM. He said no and thus the cases,” contended Nariman.
“The executive should not become a tool of a political party in power as the Supreme Court has pointed out. We always believe they are a responsible and important part of the government but we have not used them as the BJP government used to,” said Ravindra Choubey, agriculture minister and government spokesperson.
Singh, who was appearing for the IPS officer in the corruption case relating to assets disproportionate to his known sources of income, said that he would not have been slapped with two criminal cases had he agreed to the demands of the ruling party (Congress).
At this point, senior advocate Rakesh Dwivedi, appearing for the state government in the corruption case against Singh, claimed that anti-corruption sleuths have discovered movable and immovable assets worth over ₹10 crore belonging to the officer.
The bench, however, proceeded to protect Singh from arrest in both the FIRs and gave the state government four weeks for filing its formal replies to the petitions.
In his first petition before the top court, the 1994-batch IPS officer asked for quashing the sedition FIR lodged at Raipur on July 8. This FIR followed the FIR registered by the anti-corruption bureau (ACB) for allegedly amassing tainted assets.
According to the Chhattisgarh Police, when Singh’s house was raided by ACB, police found some pieces of papers in a drain behind the house which were later reconstructed into some notes and reports against various functionaries of the state government. As per the police, these were intended to tarnish the image of the government and destroy peace and harmony in the state.
Singh has pleaded that the corruption case be handed over to the Central Bureau of Investigation.
