Wednesday, 6 November 2013

2013-11-03 Shushil Kumar Shindeji - Letter to Home Minister

Former DGP, Gujarat
                                                                                                Plot No.193, Sector-8,
                                                                                    Email – rbsreekumar71@
                                                                                    Tel (R)079-23247876
                                                                                    Letter no.12/2013-MHA-IPS
                                                                                    dated 03-11-2013


                        I belong to Gujarat cadre of Indian Police service (IPS) -1971 batch and retired from service on 28/2/2007 in the rank of Director General of Police (DGP), Gujarat Police.

2.                     After retirement, I am engaged in helping Gujarat (2002) riot victim survivors, particularly in ensuring proper justice delivery to them, along with NGOs like Citizens for Justice and Peace (CJP), headed by Smt. Teesta Satalvad.  Our collective efforts could get 116 persons, accused in anti-minority mass crimes, convicted with life imprisonment. 
3.                     The political bureaucracy (The Chief Minister Shri Narendra Modi and Ministers) of the State Govt., since 2002 could actualize its covert illegal agenda of (1) anti-minority pogrom in 2002 (nearly 2000 people were killed and about 500 Islamic monuments from the 16th century were demolished), (2) the subsequent subversion of the Criminal Justice System (CJS) to deny, delay and derail justice delivery to riot victims and (3) extra judicial killings of 17 persons from October 2002 to January 2006 and so on, by misusing and abusing a group of self – aggrandizing unscrupulous careerist   police officers. 
4.                      From the days of genocidal violence in 2002, numerous developments have steadily impaired the image, prestige and confidence of Gujarat Police.  These are, (1) severe strictures    by higher judiciary about the quality of professionalism, integrity and commitment to the Rule of Law of Gujarat Police, (2) victimization of offices who enforced the Standard Operational Procedure (SOP) and maintained public order excellently, through arrest and prosecution of rioters, and deposed reliable evidence against the Sangh Pariwar to judicial bodies, by the State Govt. and (3) imprisonment of  32 Gujarat police officers, including 6 senior IPS officers for their culpability in extra judicial killings.   Of late, the State Govt’s policy of inordinate delay in granting promotion to officers in the ranks of DIGP to DGP has, further, put the morale, motivation and professional competence of supervisory cadre of Gujarat police in a state of ceaseless decline.

5.                     Since the death of regular DGP Gujarat, Shri Amitab Pathak (IPS -1977 batch) on 23 Aug 2013, the State Govt. had directed Shri Pramod Kumar (IPS – 1983), ADGP (Police Reforms) to discharge duties of DGP and head DGP office.  Strangely,  Shri Pramod Kumar, DGP is supervising his senior in service, namely Shri H.P. Singh (IPS – 1980), Commissioner of Police Rajkot city.  So this arrangement is illegitimate and improper and is in flagrant violation of basic, fundamental and functional regulations and administrative conventions and it amounts to perpetuation of insubordination and injury to structural supervisory hierarchy in police.  If somebody challenges the validity of Shri Pramod Kumar’s orders to Shri H.P. Singh in a court of law, the State Govt. would not have any legal or administrative grounds to vindicate its decision of posting a junior officer in IPS Civil List of Gujarat cadre for supervising the functions of his senior within the police department.
6.                     In the past also Gujarat State Govt. has shown scant respect to the principles of the Rule of Law, equity and sanctity of administrative regulations.  The Govt. had kept the post of regular DGP (Law and Order) vacant from 01/09/2010 to 24/09/2012.  I had brought this malady to the notice of the  then Union Home Minister, Shri P. Chidambaram, vide my letter No.RBS/MHA(IPS)/C-21/2012 dated 15/03/2012. 
7.                     Further, the State Govt. is not filling up all the four posts of DGP in the State for the last so many months.  Besides, many posts are kept vacant in the ranks of ADGP, IGP and DIGP since 2011.  Reportedly, this strategy is adopted to delay the promotion of a few IPS officers, who are in the  zone of consideration for promotion to the ranks of IGP and ADGP.  Most of these officers are, reportedly, persona-non-grata to the State Govt. and the Sangh Pariwar.  To illustrate, Shri Satish Chandra Verma (IPS – 1986) is due for promotion to the grade of ADGP since 2011, but the State Govt. is allegedly against him for his role in helping CBI, as per orders of the Hon’ble High Court of Gujarat, to nab Gujarat Police officers allegedly responsible for extra judicial killings.  Similar is the case of Shri Rahul Sharma (IPS – 1992), due for promotion to the rank of IGP (he gave extensive evidence about the guilt of the Sangh Pariwar leaders in 2002 riots) and Shri Rajnish Rai ( IPS-1992), due for promotion to the rank of IGP (he arrested two Gujarat Cadre IPS officers for their involvement in fake encounters).
8.                     Reportedly, another reason for keeping vacancies in the ranks of DIGP to DGP was to entrust key branches to blue-eyed boys of the Chief Minister Shri Narendra Modi, though it involved one officer acting as in-charge of   multiple and diverse posts.  The classic case is of one ADGP (who according to riot victims was an alleged active abetter in anti-minority genocide in Ahmedabad city in 2002) who is posted as Commissioner of Police (Ahmedabad City), holding charge of the offices of ADGP (Law and Order) and ADGP (Int.) – posts with state – wide responsibility.  Here is a queer situation of an officer in his capacity as ADGP (Law and Order) and ADGP(Int) monitoring and supervising his own work as CP Ahmedabad city.  How can an officer be a ground level police functionary and his own supervisor on two important aspects of policing – public order and intelligence at state level, simultaneously?
9.                     The self-evident truth is that the State Govt. has a policy of giving nectar to collaborators, facilitators, enablers, and actualizers of its clandestine and illegal anti-minority agenda and poison to those loyal to their oath to the Constitution of India.  Even out - of -turn promotions, and   post-retirement assignments were given to many officers, who implemented the govt’s anti-minority policies. “ Recalcitrant officers”, who enforced the Rule of Law without fear or favour, were superseded in promotion, arrested in false cases, charge-sheeted    for dismissal from service and denied pensionary benefits for years. 
10.                  Being apprehensive of victimization by govt. the aggrieved officers, whose promotions are delayed, are reluctant to approach the Union Govt., Central Administrative Tribunal (CAT) or judicial bodies.  The leaders of Gujarat unit of IPS Association, so far, could not muster courage to make a representation to the State Govt. for getting long pending promotions, to vacant posts, ordered. An escalating psychology of fear is prevailing among officers. 
11.                  Persisting low morale, inadequate motivation and poor situational skill in the higher echelons of Gujarat state cadre of IPS officers  will definitely debilitate their functional efficiency, investigative ingenuity and administrative acumen.  Union Govt. has the authority, responsibility and obligation towards eager sustenance of self-esteem, proficiency and quality of service delivery of Gujarat police, as per the letter and spirit of Articles 51A and 355 of the Constitution of India, recommendations of numerous Judicial Commissions on riots, Rule-10 of the Indian Police Service (Cadre) Rules 1954 and Rule 9 of Indian Police Service (Recruitment) Rules 1954.
12.                  In the context of the above facts, I humbly appeal to you to kindly direct Gujarat State Govt. to initiate action within a month, for (1) posting a regular DGP to head Gujarat police and (2) to fill up all vacant posts in the ranks of DIGP, IGP, ADGP and DGP, by adhering to the due process of law. 
                        Thanking you,
                        Respectful Regards.
                                                                                                Yours faithfully

                                                                                            ( R.B.SREEKUMAR)
Respected Shri Sushil Kumar Shindeji.
Hon’ble Union Minister of Home Affairs
North Block, New Delhi-110001

Copy with compliments to,
Respected Dr. Shrimati Kamalaji,
Her Excellency, The Governor of  Gujarat
Raj Bhavan, Gandhinagar-382020.
With prayers for kind attention and initiating necessary action.

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