SC allows Gujarat to accept DGP PP Pandey's offer to step down

Gujarat government was today allowed by the Supreme Court to accept the offer of P P Pandey, a 1980 batch Gujarat-cadre IPS officer who is on extension till April 30, to relinquish the posts of Director General (DGP) and Inspector General of police (IGP) forthwith.
The court was hearing a plea of former top cop Julio Francis Ribeiro seeking a direction for removal of Pandey on the grounds including that CBI had filed charge sheet against him and others in the case of alleged fake encounter killing of Ishrat Jahan. He had also challenged Pandey's appointment and extension as DGP and IGP.

A bench of Chief Justice J S Khehar and D Y Chandrachud considered the submission of Additional Solicitor General (ASG) Tushar Mehta, appearing for Gujarat, that the top police officer has himself written a letter expressing willingness to step down forthwith "in order to put an end to all controversies".
"In view of the determination of the state government, we are of the view that the main petition has been rendered infructuous," the bench said.
At the outset, the ASG submitted that the 1980-cadre IPS officer, who was to retire on January 31, was granted extension for three months by the Centre and he should be "allowed to retire peacefully".

Referring to the past developments, he alleged that it was the same case in which the then central government (UPA) had interfered and changed the contents of CBI's affidavits within a span of 10 days.

"Please do not be party to something which was not on record before this court," Mehta said, adding that a charge sheet has only been filed by the CBI and not by the state police and moreover, charges have not been framed and there was no question of him influencing the trial.
He said the allegations in the petition have been made to "malign the state on the issue of extension given to Pandey which was given keeping in mind the exercise undertaken for recruitment of 17,000 police personnel in the state".

The ASG said Pandey was the second senior-most police officer after PC Thakur, who was taken on central deputation on April 15 last year and was given the charge of DGP and IGP.
Pandey, who was to superannuate on January 30, was appointed when the state's budget session was scheduled in which an amendment to existing liquor prohibition Act was to be tabled, he said, adding that the 'Patidar' reservation agitation also revived then.
"Gujarat being a border state with Pakistan, the state government had initiated a state-wide safe and secure Gujarat (SSASG)...This project is under the direct supervision of the DGP," he said.

The court, however, asked the state to accept the offer of Pandey to relinquish the office forthwith.
The bench recorded that Pandey, in the letter, expressed willingness to step down and urged the state government to revoke the notification appointing him till April 30.
The apex court had on March 31 asked Gujarat government to file its response to a plea against promotion and three- month extension to Pandey, who is out on bail in the Ishrat Jahan fake encounter case while refusing to give it time till Friday to file the counter affidavit.
The ASG had sought time from the bench for taking instruction and told the court that Pandey had served the force for 30 years.

Senior advocate Kapil Sibal, appearing for the petitioner - former Mumbai Police Commissioner Julio Francis Ribeiro - had said that Pandey was granted bail, reinstated, promoted and rewarded despite being an accused in a murder case.
The Centre's Appointments Committee of the Cabinet had granted the three-month extension to Pandey, who was to retire on January 31.
Pandey was heading the state crime branch when Ishrat, a 19-year-old girl based in Mumbra near Mumbai, Javed Shaikh alias Pranesh Pillai, Amjadali Akbarali Rana and Zeeshan Johar were killed in an alleged encounter with the police on the outskirts of Ahmedabad on June 15, 2004. Gujarat police had claimed they had terror links and had plotted to kill the then Chief Minister, Narendra Modi.

An SIT constituted by the high court to investigate the case had concluded that it was a fake encounter, following which the HC had transferred the case to CBI.
After being released on bail, Pandey was taken back into service in February 2015 and appointed the Director of the state's Anti Corruption Bureau.
On April 16 last year, Pandey was appointed the in-charge DGP of Gujarat.