The Supreme Court today asked the Gujarat government to file its response to a plea against promotion and three-month extension to DGP P P Pandey, who is out on bail in the Ishrat Jahan fake encounter case, on Monday.
A bench headed by Chief Justice J S Khehar was not in agreement with Additional Solicitor General (ASG) Tushar Mehta that the state government be given time till next Friday to file the counter affidavit to the petition challenging extension granted to Pandey till April end.
"It is too long," the bench, also comprising Justice D Y Chandrachud, said when the ASG sought more time for seeking instruction from the competent authority to file the response.
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The bench said the state will file the counter affidavit on April 3 and the matter will be heard the same day.
Senior advocate Kapil Sibal submitted that a criminal case was pending against the state police chief, who has been charged with alleged murder, and cannot stay at the top post for a single day. Instead, he has been given extension after superannuation.
The ASG told sought time from the bench for taking instruction. He also told the court that Pandey served the force for 30 years.
At this, the bench said, "It is okay but the problem is about the extension."
The apex court had on February 3 sought Gujarat government's response on the issue.
Sibal, who was appearing for the petitioner- former Mumbai Police Commissioner Julio Francis Ribeiro- had said that Pandey was granted bail, reinstated, promoted and rewarded despite being an accused in a murder case.
The Appointments Committee of the Cabinet of the central government had granted the three-month extension to Pandey, who was to retire on January 31.
Pandey was heading the state crime branch when Ishrat, a 19-year-old girl based in Mumbra near Mumbai, Javed Shaikh alias Pranesh Pillai, Amjadali Akbarali Rana and Zeeshan Johar were killed in an encounter with police on the outskirts of Ahmedabad on June 15, 2004. Gujarat police had claimed they had terror links and plotted to kill the then Chief Minister Narendra Modi.
An SIT constituted by the high court to investigate the case had concluded that it was a fake encounter, following which the HC transferred the case to CBI.
After being released on bail, Pandey was taken back into service in February 2015 and appointed the Director of the state Anti Corruption Bureau.
On April 16 last year, Pandey was appointed the in-charge DGP of Gujarat.
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