In a setback for LDF government in Kerala, the Supreme Court today directed the state to reinstate former Director General of Police (DGP) T P Senkumar, saying he was transferred from the post "arbitrarily".
The apex court set aside the order of the Kerala High Court which had upheld the Central Administrative Tribunal's (CAT) decision that had not found fault with the state government's decision to transfer Senkumar from the post of the state police chief.
"We direct reinstatement of DGP T P Senkumar," a bench comprising Justices M B Lokur and Deepak Gupta said.
Verdict seen as a setback to Vijayan govt
The verdict is widely seen as a setback to the 11-month old LDF government as Chief Minister Pinarayi Vijayan had all along defended the transfer of Senkumar, stating that the officer was not fit to hold the post.
The Kerala government had on April 11 defended in the apex court its decision to transfer Senkumar, saying he had protected "erring" police officials in the 2016 Puttingal temple fire tragedy in which 110 people were killed.
The state government had told the court that Senkumar's transfer was not a punishment for the "lapse" which had led to the April 10, 2016 incident but it was for how he had handled the fallout of the tragedy.
On April 10 last year, when Senkumar was Kerala's DGP, there was an explosion leading to a blaze after a fireworks display went awry at Puttingal Temple in Kollam district. 110 people had died while over 300 were injured in the incident.
Senkumar was transferred from the post of DGP (Law and Order) two days after the CPI(M)-led LDF government assumed office on May 25, 2016 and was replaced by Loknath Behara.
He had challenged the transfer before the Central Administrative Tribunal, which rejected his plea holding that there was no fault with the state government's decision. The CAT order was upheld by the Kerala High Court.
The officer, in his appeal in Supreme Court, had stated that his transfer was an "act of political vendetta" as he had probed various political murders allegedly involving CPI(M) cadres, including the 2012 brutal slaying of Revolutionary Marxist Party (RMP) leader T P Chandrasekharan.
Kerala govt awaits judgement copy
The Kerala government today said it would take the further course of action after getting the copy of the Supreme Court judgement directing reinstatement of Senkumar as DGP.
Reacting to the court order, Chief Minister Pinarayi Vijayan said the government was yet to receive the full copy of the judgement.
"We are expecting to get it today itself. After getting it, we will do whatever has to be done legally," he told reporters in Kannur.
The verdict is widely seen as a setback to the 11-month old LDF government as Vijayan had all along defended the transfer of Senkumar, stating that the officer was not fit to hold the post.
IPS officer Senkumar hails SC verdict as a 'historic victory'
"It is a historic judgement... It is not only beneficial to me but also to all officers in the country who work honestly," Senkumar told reporters here.
Senkumar, who is the Director of Institute of Management in Governance here, said the judgement also reinforced that officers do not have to work under any pressure.
"It is the responsibility of all to implement the Supreme Court judgement. Let us wait and see what will happen," he said when asked whether the LDF government would take steps to reinstate him.
He also denied the government's argument that there was a serious lapse in the investigation of the killing of a Dalit woman law student in Perumbavur last year when he was the DGP.
"Police did not try to arrest any person under pressure in the case. We waited till we got the scientific evidence," he said.
(With PTI inputs)
