Friday, 14 June 2013

2012-03-15 Letter to MHA - Delay in Appt of DGP




R.B. SREEKUMAR, IPS (Retd.)            “SREELEKSHMIDEEPAM”

Former DGP, Gujarat                                 Plot No. 193, Sector-8,
                                                                Gandhinagar-382008
                                        Email : rbsreekumar71@yahoo.com
                                                                Tel ® 079-23247876
                                                                Mobile – 09428016117
                                                     No. RBS/MHA(IPS)/C-21/2012
                                                      Dated : March 15, 2012


Low morale of Gujarat Police-remedial action

       
I belonged to Gujarat cadre of Indian Police service (IPS)-1971 batch-and retired from service on 27.2.2007 in the rank of Director General of Police (DGP), Gujarat state.

2.     As a senior citizen (age-65 years) staying in Gujarat since 1970s, I am constrained to write the following for your kind consideration and urgent remedial action.

3.     The morale, self esteem and image of Gujarat Police, in general and of IPS officers, giving leadership to police force in the state, in particular, have been on steadily decline since 2002 anti-minority genocide. The media, reputed human rights activists and national bodies like NHRC, National Commission for Minorities, National Commission for Women, etc. have thrown light on serious intentional acts of commission and omission by Gujarat Govt. functionaries, except in cities like Surat, Bhavnagar and a few districts in South Gujarat and  Saurashtra, that facilitated extensive and gruesome mass violence against minorities.

4.     Numerous severe strictures on the State Administration and Police by the High Court of Gujarat and the Apex Court have further impaired
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organizational health of Police Department and confidence level of Gujarat Police officers, from the days of 2002 riots. Strangely, the State Govt., headed by the Chief Minister Shri Narendra Modi since October-2001, did not initiate substantial and purposeful corrective measures to remedy the maladies in the Criminal Justice System(CGS), on the suggestions by the higher Judiciary and National Bodies. Consequently, the issuance of stinging remarks against Gujarat Govt. by Senior Courts have become a serial story since September 12,2003, when Justice Khare of the Supreme Court  observed “I have no faith left in the prosecution and Gujarat Govt. I am not saying Article 356. You have to protect people and punish the guilty. What else is Raj-Dharma? You quit if you cannot prosecute the guilty. ”

5.     Later, while transferring the trial of Best Bakery mass killing case to Maharashtra State, the Apex Court called the Gujarat bureaucracy to be “Neros”, The Court observed “the modern day Neros were looking elsewhere when Best Bakery and innocent children and helpless women were burning, and were probably deliberating how the perpetrators of the crime can be protected ” (April-2004 ).

6.     Recently the High Court of Gujarat judging on the issue of delay in appointment of Lokayukta, adversely commented on the State Govt., thus “The constitutional mini crises had been sparked by the CM. The pranks of the CM ….demonstrate deconstruction of our democracy , and the questionable conduct stone-walling the appointment of Justice R. A. Mehta as Lokayukta threaten the Rule of Law ”.(January 18,2012)

7.     Lastly, the High Court lamented on “Gujarat Government’s inadequate response and inaction (to contain the riots) resulted in an anarchic situation which continued unabated for days on …the State cannot shirk from its responsibilities” (February 8, 2012).
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8.     Besides, these unprecedented orders by the Apex Court viz (1) The transfer of trial of two major riots cases to Maharashtra state. (2)  Entrusting of investigation of a few fake encounters and riot cases to C.B.I. (3)Appointment of a retired Judge to probe into nearly 22 extra judicial killings by the Gujarat Police (4) Re-investigation of 2000 odd riot cases unjustly closed by the State Police (5) Appointment of Special Investigation Team(SIT) under Dr. R. K. Raghavan, to re-investigate 10 major carnage cases and Mrs. Jafris’ (widow’s of former Gujarat M.P. killed by rioters ) petition accusing Chief Minister Narendra Modi and 62 others for the crimes of conspiracy and mass murders etc, had a debilitating effect on the confidence and competence of Gujarat Police.

9.     However, SIT chaired by Dr. R. K. Raghavan had allegedly deliberately kept the complicity level of officials and politicians for the crimes in the 2002 riots as low as a position possible, by arresting only 2 Police Inspectors, for the protracted mass murders resulting in killing of nearly 1200 citizens, destruction of millions of rupees worth of property and disappearance of many historic cultural, religious, social and architectural symbols of Muslim Community. This has generated a feeling of euphoria, contentment and immunity from accountability and impunity from prosecution among the real planners and  perpetrators of anti-minority blood-bath in 2002. But this stance of SIT did not generate any positive signals for putting morale of Gujarat Police on the upswing because, three senior IPS officers of Gujarat Cadre (one DIG and two SPs), were imprisoned from April- 2007 for their alleged culpable role in the fake encounters(mostly victims were Muslims) from October-2002 to April-2007.

10    Non-appointment of a full-fledged regular DGP in Gujarat State since September-2010 (in fact there is no DGP ranking                                                                                        4/-


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officer today in Gujarat Police), has immensely crippled the  motivational range and quality of service delivery of the State Police and particularly of IPS officers, already afflicted with multiple melodies and listless judicial indictments. The senior most Additional DGP is officiating as DGP since the retirement of the regular DGP Shri S.S. Khandvawala on 31.08.2010. In national level meetings and interaction with the Central Govt. officials, an in-charge DGP, holding the rank of Add. DGP, without an assured tenure security and adequate trust bestowed on him by the Govt., will not be in a position to participate effectively and emphasis on the imperatives of internal security of Gujarat State. It is ridiculous like a State Minister constantly representing a Chief Minister, in the meetings convened by the Prime Minister  and Union Cabinet Ministers.

11.   Negative impact of keeping four vacancies of DGP in Gujarat (the State has two cadre and two non-cadre DGP posts) without any sound and plausible reasons is quite visible. The percolation effect of keeping vacancies is felt in the lower ranks from ADGP to SP. Police, like any force in uniform, put under regimental discipline functions on the strength and stamina of the hierarchal command and control system. An enfeebled leader, not empowered with the rank and position intrinsic to the post of DGP, will never inspire confidence in the rank and file.

12.   Members of All India Services do nurture a national esprit de-corps and promotion, reward, punishment etc. of a batch of officers are gauged in the perspective of the batch recruited in a particular year and trained together for  nearly two years. Due to arbitrary withholding of promotion to deserving Additional Director Generals of Police (ADGsP) to the grade of DGP, already two highly decorated ADGP ranking officers,(now retired) who were awarded with Police medals for (1) meritorious and (2) distinguished service of 1977 and 1978 batches have suffered as
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they will get pensionary benefits of ADGP rank only. It is relevant to note that their batch-mates in most of the states and Central Govt. had been promoted in time and they would get deserving payments at the time of retirement and later as pension.

13.   Keeping cadre posts vacant beyond six months by any state Govt. is an act of flagrant violation of Rule 10 of the Indian Police Service (cadre) rules 1954. Many IPS officers in Gujarat are quire                                                                                            
dismayed that the Ministry of Home Affairs (MHA) did not exercise its responsibility for safe guarding genuine career interests of IPS officers of Gujarat cadre. They feel that the Central Govt. must have been informed about the abysmal depths of de-motivation and depression at the higher echelons of Gujarat cadre of Indian Police Service. Nonetheless, Gujarat Govt. is duty bound to submit a suitable explanation to the MHA, the cadre controlling authority of IPS and the guardian of IPS Service Rules, regarding its unholy omission of keeping all four posts of DGP vacant since September-2010. Does, the political elite, heading Gujarat state Govt. deem that repeated electoral mandate conferred on them by the people of Gujarat give them license to go against the codified wisdom in the laws and regulations?

14.   IPS officers of Gujarat cadre are still hopeful of getting justice from the Union Govt. In the ancient Tamil treatise Saint Tiruvalluvar warned “ That country will perish any day whose monarch does not administer justice day to day” (Kural No. 553 in the chapter-On unrighteous rule)    

15.   In the context of above facts, I humbly appeal you to move Gujarat State Govt. to get a regular DGP appointed in the state and also to fill up vacancies at senior levels through promotions, within a prescribed time frame. Let us hope that no natural or
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man made disaster will hit Gujarat and challenge the quality of
morale and professionalism of Gujarat Police, before appointment of a regular DGP in the state.


          With respectful regards,

                                                                             Yours faithfully,




                                                                (R.B. Sreekumar)
To,
Shri P. Chidambaram,
Hon’ble Union Minister,
Minister Of Home Affairs,
North Block,
New Delhi-110001



Copy with compliments to

Shri Narendra Modi,
Hon’ble Chief Minister,
Gujarat State,
Block No. 1, Sachivalaya,
Gandhinagar-382010.

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