The Supreme Court today sought the response of Kerala government within two weeks on a plea of former state DGP T P Senkumar alleging that his transfer was a clear case of "political vendetta".
"Issue notice. File reply within two weeks," a bench comprising Justices Madan B Lokur and Deepak Gupta said while listing the matter for final arguments on March 27.
Senior advocate Dushyant Dave, who appeared for the former DGP told the court that his client has an unblemished career and the state government had not consulted the state security council before transferring him from the top post to be the head of the state's police housing corporation.
"DGP has an outstanding and unblemished career. Also the state government did not consult the State Security council before transferring a top cop of the state," Dave said.
The senior counsel also told the court that other than Senkumar, 90 other police officers were also transferred or shifted from their posts after the present government took charge.
"The new government took charge on May 25, 2016 and on May 27, he was removed from his post," Dave told the court.
He also questioned the state's report citing the DGP's inaction in the infamous Jisha murder case to remove him from the post.
"Will the Chief Minister then take responsibility of the last nine political murders that have happened in Kerala and remove himself from the post," Dave asked.
Senior lawyer P P Rao, who appeared for state, argued that consulting the state security council was not necessary in Senkumar's case. "Consulting the security council was not necessary as he was transferred to another post and not removed or sacked from service," he said.
Rao also said that the file recommending transfer of the DGP was already in motion even before the present government took charge.
The top cop had filed the appeal against the Kerala High Court's verdict that had upheld the Central Administrative Tribunal's (CAT) order.
The CAT had not found any fault with the decision of the LDF government's 2016 decision to transfer Senkumar from the post of Director General of Police to the post of chairman and managing director of Kerala Police Housing and Construction Corporation.
Senkumar, in his appeal, has blamed his transfer as an
act of political vendetta as he had probed various political murders involving the ruling party.
"The High Court failed to take into consideration the fact that in a prominent murder case of 2012, where a local leader T P Chandrashekharan was killed wherein after investigation, helped by the petitioner as ADGP, several party members and leaders of the political party forming the present government were held guilty and therein sentenced to imprisonment.
"That also in 2012, in yet another murder case of Ariyil Shukoor, a local leader, certain members and leaders of the political party forming the present government of the state were named as accused persons. The investigation was helped by the petitioner also," Senkumar said in his petition.
"As a result of political vendetta against the petitioner, the respondent state has therefore taken the present decision to remove the petitioner from the post of the state police chief," he added.
Senkumar was transferred on the ground of his alleged inaction in the infamous Jisha murder case and Puttingal fire works tragedy.
