For the second time in a week, the state government came under fire from the Gujarat high court for its tardy response — this time in connection with the Ishrat Jahan fake encounter case. A division bench of Justice Jayant Patel and Justice Abhilasha Kumari on Friday heavily criticised the Minister of State for Home Praful Patel for failing to carry out its order to transfer three police officers connected with the case. The court later let off the minister with a word of caution after he tendered an unconditional apology.
In April 2011 the court had issued a notice to the home department, after it failed to comply with its order passed two months prior to it, for transferring three police officers — GL Singhal, Tarun Barot and PP Pande — who are suspects in the Ishrat Jahan fake encounter case of 2004.
Additional chief secretary, home, Balwant Singh had then filed an affidavit, seeking apology on behalf of the state government.
Dissatisfied with Singh's reply, the court had called for records of the file movement, pursuant to its orders for transferring three police officers. It was found that the file was lying with the MoS (Home) Praful Patel for nearly two months.
The court then sought an explanation from the minister, following which he filed a reply, stating that the delay in transferring the officers was because he was occupied with state assembly's budget session. Coming down heavily on the minister, the court asked the Advocate General Kamal Trivedi, who appeared on behalf of the state government, if the entire administration stops functioning during the assembly session.
"It is unbelievable that the minister was not aware of the high court's order...do the files not move during the assembly session?" the court asked. It further said that political agenda should not play a role in implementing the HC order. The court further observed that there was a contempt of court in the matter whether intentional or unintentional. "It is not that the state played role without partiality," it further observed.
The delay in transfer of three officers had caused damage to the probe that was being carried out by the HC appointed Special Investigation Team (SIT), the court said, adding that it had, in its judgement ordering CBI probe into the Ishrat fake encounter case, mentioned about attempts being made to derail the probe. The court later took a lenient view of the matter and let off the minister with a word of caution after it was assured that the latter would within two weeks provide an undertaking promising to comply with all the orders of the court.
— With Agencies
