Date:12/05/2006 URL: http://www.thehindu.com/2006/05/12/stories/2006051204731500.htm

National

Apex court notice to Centre, Gujarat

Legal Correspondent

"Pande was guilty of dereliction of duty "

During his tenure as Police Commissioner more than 700 persons died in riots

Petitioner concerned about investigation of cases

New Delhi: The Supreme Court on Thursday issued notice to the Centre and Gujarat Government questioning the appointment of P.C. Pande, who was the Commissioner of Police, Ahmedabad during the 2002 Godhra riots, as Gujarat Director-General of Police.

A Bench of Justice Ruma Pal and Justice Markandey Katju issued the notice on the petition filed by Teesta Setalvad, Secretary, Citizens for Justice and Peace, assailing the Gujarat Government for appointing Mr. Pande as the DGP. She said during his tenure as Police Commissioner, more than 700 persons died in the riots [official figures whereas others show a much higher casualty of 2,500] in Ahmedabad.

Initially, the Bench told senior counsel, Harish Salve, appearing for the petitioner, that "judiciary cannot decide who will be the DGP or the Home Secretary or Chief Secretary. It is for the Chief Minister to decide. People are saying that judiciary is crossing its limits. Don't make judiciary into a joke."

However, Mr. Salve said the petitioner was more concerned about the investigation of the cases in which the court had earlier restrained Mr. Pande from investigating and handed over them to the CBI. The Bench issued notice in the light of this statement.

The petitioner contended that it had been established by various independent tribunals and fact-finding bodies both national as well as international that Mr. Pande was at least partially responsible for allowing the riots. Moreover, in the Gulberg Society holocaust where more than 34 persons including Ahsan Jafri, former MP, were burnt alive, it was on record that Mr. Pande visited the area in the morning and promised reinforcements but did not do so and turned a blind eye to the murders.

Contending that Mr. Pande was guilty of gross dereliction of duty and had violated various provisions of the service rules, the petitioner sought a direction to quash his appointment as the Gujarat DGP and to direct the Union of India and the Gujarat Government to take disciplinary action against him and to prosecute him for having failed in his duties during the riots.