KOCHI: The Kerala High Court on Thursday orally observed the allegation levelled against ADGP Tomin J Thachankary in the writ petition is serious in nature. The petition also challenges the appointment of a person, allegedly having a not-so-good service record, in a key post.
The court made the observation on a petition filed by Jose Thomas of Alappuzha against the en masse transfer of top police officers following the Supreme Court directive to reinstate DGP TP Senkumar as the state police chief. The petitioner also questioned the validity of appointment of Thachankary as ADGP-Police Headquarters.
The plea stated criminal cases involving moral turpitude as well as the departmental proceedings were charged against Thachankary.The court had earlier directed the state government to respond to the allegation against Thachankary. However, the Advocate General appearing for the state government sought some more time to file the statement. In response, the court asked the state: “Are you waiting for June 30” - the day Senkumar’s tenure will be completed.
The court said it had already granted 10 days’ time to file the statement and posted the case to June 28. The court made it clear the statement should be in detail, responding to all the allegations in the petition. It should not be in two or three pages stating the writ petition is not maintainable, it stated. According to the petitioner, a massive reshuffle was carried out in the higher echelons of the state police force to keep check on Senkumar who had been reinstated by order of the apex court. “The government wanted to make sure the Police Headquarters was put absolutely within the grip of the political masters in the government. It was quite contrary to the law laid down by the Supreme Court in the Prakash Singh case. It was aimed at making the police a tool for subverting the process of law, promoting the growth of authoritarianism, shaking the very foundations of democracy,” the petition stated.
The state government further submitted the petition is not maintainable as it is a service matter. “Thachankary was promoted and posted at the headquarters. But, the petitioner did not challenge this in the petition and only made submission before the court during the argument. It was the prerogative of the state government to appoint a person,” the AG submitted.
The court made the observation on a petition filed by Jose Thomas of Alappuzha against the en masse transfer of top police officers following the Supreme Court directive to reinstate DGP TP Senkumar as the state police chief.