SC judge cites Lakshman rekha for not quashing Gujarat DGP appointment
A Supreme Court judge on Monday cited ‘Lakshman rekha’ between the judiciary and executive to reject a plea seeking quashing of appointment of P C Pande as DGP of Gujarat for his alleged role in the 2002 riots.
By Sanjay K Singh, ET Bureau |
NEW DELHI: A Supreme Court judge on Monday cited ���Lakshman rekha��� between the judiciary and executive to reject a plea seeking quashing of appointment of P C Pande as DGP of Gujarat for his alleged role in the 2002 riots.
���All of us know what was done to minorities in Gujarat. The perpetrators of riots are still in power. But we cannot do anything as there has to be a ���Lakshman rekha��� between the functioning of the executive and judiciary,��� said Justice Markandy Katju hearing a plea challenging the appointment of P C Pande as DGP of the state.
Justice Katju said, ���We cannot direct that this person is not fit to be a chief secretary or DGP of a state. Otherwise, the minister will say that Justice Katju is not fit to be a judge of the Supreme Court. We must respect each other.���
However, Justice V S Sirpurkar , the second judge in the bench, said: ���I do not subscribe to this view. This is his (Justice Katju���s) personal view.��� He then sought details of the case.
Gujarat counsel Hemantika Wahi informed the bench that there were total over 2,000 cases which were registered in connection with the Gujarat riots. Initially, 1,989 cases were re-investigated as per judicial order. Only 30
cases remained which were not re-investigated, said Ms Wahi.
The bench at this observed that as the matter lies before the competent court it was not permissible to entertain the plea. ���Entertaining of such plea will amount to showing disbelief in the entire judiciary of the state,��� said Justice Sirpurkar.
Senior Counsel P P Rao appearing for the petitioner, Citizens for Justice and Peace, said that Pande may influence the course of justice saying that after assembly election he has been made DGP of the state. Wahi, however, informed the bench that Pande was retiring on March 15.
The court at this said, there are two grounds for refusal of the plea of the petitioner. First, the cases has already been re-investigated and the matter is now being looked into the competent court. There is no question of showing disbelief in the judicial system of the state.
���All of us know what was done to minorities in Gujarat. The perpetrators of riots are still in power. But we cannot do anything as there has to be a ���Lakshman rekha��� between the functioning of the executive and judiciary,��� said Justice Markandy Katju hearing a plea challenging the appointment of P C Pande as DGP of the state.
Justice Katju said, ���We cannot direct that this person is not fit to be a chief secretary or DGP of a state. Otherwise, the minister will say that Justice Katju is not fit to be a judge of the Supreme Court. We must respect each other.���
However, Justice V S Sirpurkar , the second judge in the bench, said: ���I do not subscribe to this view. This is his (Justice Katju���s) personal view.��� He then sought details of the case.
Gujarat counsel Hemantika Wahi informed the bench that there were total over 2,000 cases which were registered in connection with the Gujarat riots. Initially, 1,989 cases were re-investigated as per judicial order. Only 30
cases remained which were not re-investigated, said Ms Wahi.
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However, later even these 30 cases were also re-investigated. All cases were re-investigated by June 30, 2006, submitted Ms Wahi. She told the bench that the cases were being looked by the competent court and the government was submitting quarterly report to the court in the matter.The bench at this observed that as the matter lies before the competent court it was not permissible to entertain the plea. ���Entertaining of such plea will amount to showing disbelief in the entire judiciary of the state,��� said Justice Sirpurkar.
Senior Counsel P P Rao appearing for the petitioner, Citizens for Justice and Peace, said that Pande may influence the course of justice saying that after assembly election he has been made DGP of the state. Wahi, however, informed the bench that Pande was retiring on March 15.
The court at this said, there are two grounds for refusal of the plea of the petitioner. First, the cases has already been re-investigated and the matter is now being looked into the competent court. There is no question of showing disbelief in the judicial system of the state.
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Second, the DGP of the state is retiring on March 15 and there is no reason to doubt the influence of executive over the court. ���Hence, the petition has virtually now become redundant,��� said Justice Sirpurkar. The bench said that it will pass the order on Tuesday on the matter.Download
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