Kerala Chief Minister Pinarayi Vijayan yesterday suffered a huge setback after the Supreme Court reinstated T P Senkumar as the state’s police chief.
Senkumar was removed as director general of police on the day Vijayan assumed office on May 25, 2016. The officer is set to retire on June 30.
Senkumar approached the Kerala High Court but failed to get a favourable verdict. He then moved the top court.
Supreme Court judge Madan B Lokur said the officer appointed for his exemplary record and service has been “unfairly and arbitrarily dealt with.”
The judgment is a virtual indictment of the Left Democratic Front (LDF) government.
The court dismissed the state’s argument that Senkumar was shifted out as the government was not happy with his investigation into the rape and murder of Jisha, a Dalit law student, and the Puttingal temple fire tragedy that killed over 100 devotees.
Delving deep into both cases that happened last year, the top court observed that the decision should be based on “verified material,” not the “public expectation that the chief minister might imagine” as the state’s counsel argued.
“The removal of an officer from a sensitive post requires serious consideration and good reasons that can be tested so that the officer is not dealt with as a pawn in a game,” the judgment said.
“Unfortunately, the appellant was displaced...summarily and without reasonable cause.”
The court reminded the state that the police chief was accountable only to the rule of law and not to the political executive and its principal advisers.
“We are also a little disturbed with the view that the appointment of the appellant was irregular if not illegal,” it said.
“If that is so and the state government is bent upon making irregular or illegal appointments to sensitive posts, then no one can help God’s own country.”
Expressing his happiness, Senkumar, presently the director of the state-owned Institute of Management, said in Thiruvananthapuram that justice had prevailed and this was a boost to those who work with commitment.
“I take this opportunity to thank my advocates, the media and all those who stood by me in the pursuit of my fight for justice.”
Senkumar added: “I will wait for the government to make the next move.”
Vijayan told reporters that now that the apex court had given its ruling, “we are waiting for the entire verdict”.
“Once that comes, we will do what needs to be done as per the law.”
In the state assembly, Vijayan had come down heavily on Senkumar, saying he was not fit to head the state police force.
Former chief minister V S Achuthanandan said the state government should abide by the ruling.
The Congress-led opposition said Vijayan had lost his moral ground to continue in office and decided to raise this issue in the summer session of the state assembly beginning today.
“Justice has been done,” said former chief minister Oommen Chandy who handpicked Senkumar for the top job.
“He was an upright officer who used to act according to the law without any other considerations.”
The officer had earned widespread praise for his orders to the forces against misbehaving with complainants. He had also issued a circular to all officers on their behaviour with the people.
The government had hired Harish Salve, one of the country’s top lawyers, who reportedly charges Rs3mn a day. Salve is also defending Vijayan in the Rs3.74bn SNC Lavalin corruption case in the high court.
“The government should not have officers they like, but those who respect the rule of law,” Senkumar said.
“Many decided not to challenge such orders because of the costly legal procedure. Fortunately for me, the lawyers – Haris Beeran, Prashant Bhushan and Dushyant Dave – argued my case without monetary benefits.”
In his affidavit, Senkumar said he was a victim of political vendetta as he played a crucial role in bringing to book communist leaders who plotted the brutal murder of rebel leader T P Chandrasekharan in 2012.
T P Senkumar
