Senkumar files contempt plea accusing Nalini Netto for delay in reinstatement

T P Senkumar filed a contempt plea against Chief Secretary, Nalini Netto on account of delay for reinstatement of Senkumar as the State DGP. In his petition he has alleged that Nalini Netto was the one who attempted to remove him from post and can do anything to ensure he is not reinstated back in his post. The petition stated “The intention of the Respondent Contemnor, who is the authority to issue orders of reinstatement, seems to delay the implementation willfully so that the Petitioner will not get the fruits of the decree which he has got. The Contemnor is also conscious of the fact that once this Hon’ble Court closes for summer recess on 9th may 2017, it reopens only on 3rd July, 2017 which will make the Petitioner remediless and thus frustrate the judgment of this Hon’ble Court”. He marked out an instance where Nalini Netto was awarded imprisonment for one month on failure to comply with the order of Supreme Court. He also requested the Court to take action against Nalini Netto for willful disobedience in carrying out Supreme Court’s order. He pleaded for extension of his term which was taken away illegally from him. The Karnataka government which was a party to this case sought for the advice of Advocate Harish Salve who advised to implement the order of Apex Court instead of filing a review petition.

The new government after coming into power removed Senkumar citing reasons as ineffective performance of Senkumar accusing of investigation and mishandling of Jisha case and that he had protected “erring” police officials in the Puttingal temple fire tragedy in which 100 people died and 300 people injured. .” He was transferred and did not take the charge but challenged the decision in the Court after being transferred as head of the Police Housing Construction Corporation. Loknath Behra replaced him in the position. Advocate Haris Beeran appearing for Senkumar argued that the removal of Senkumar by the CM was due to Senkumar’s independent and thorough investigation into the political violence in the state in which several CPI(M) leaders had come under the probe” and had “nothing to do with his handling of Jisha murder case or Puttingal fire tragedy” as alleged by the state government. Senkumar said he was punished for carrying out an impartial probe into the 2012 murder of Marixist renegade TP Chandrasekharan in which police booked many CPI (M) leaders. Several CPI (M) leaders are in jail in the case.

The Supreme Court ruled, “On an overall consideration of the material on record and considering the case in its proper perspective, that is the events post the Puttingal Temple tragedy and the Jisha murder and not the two tragedies themselves, we have no hesitation in concluding that the appellant has been unfairly and arbitrarily dealt with. Under the circumstances, we are compelled to set aside the judgment and order of the Central Administrative Tribunal, the impugned judgment and order of the High Court as well as the order dated 1 st June, 2016 and direct the State of Kerala to reinstate the appellant Dr. T.P. Senkumar as the State Police Chief.”

By

Snigdha