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New Delhi: The Supreme Court on Thursday sought response from the Centre and Gujarat government on a petition challenging the appointment of controversial IPS officer P C Pandey as Director General of Police (DGP), who was accused of playing a partisan role in post-Godhra riots in 2002.
Issuing notices to the Home Ministry and State Government, a Bench comprising Justice Ruma Pal and Justice Markandey Katju also sought a reply from Pandey on the allegation that that he actively connived with certain political forces to allow the carnage when he was Police Commissioner of Ahmedabad.
The PIL filed by the NGO, Citizens for Justice and Peace, through its Secretary Teesta Setalvad, has sought quashing of Pandey's appointment as DGP contending that if it is allowed he would be involved in the probe of all riot-related cases.
Before notices were issued, senior advocate Harish Salve and Aparna Bhat, appearing for the NGO, had to answer some sharp questions showered by the Bench.
At the outset, the Bench said how can an NGO seek court's intervention for removal of a DGP.
"How can Supreme Court interfere with the appointment of Chief Secretary, DGP etc," Justice Katju said.
Salve agreed with the Court's query but said the NGO was seeking quashing of DGP's appointment as there was an order by the Gujarat High Court when Pandey was on deputation with the CBI that he would not be associated with the riot cases.
"He (Pandey) cannot be a boss where there is allegation against him," Salve said pointing out that as a DGP, entire investigation of the cases will have to be reported to him.
The NGO said "some arrangement has to be made to look into the riot-related cases".
The NGO contended that if Pandey was allowed to continue as DGP, he would be advising the Advocate General about the cases in which he was allegedly involved directly and would defeat the entire purpose of the Committee, which has been scrutinising those cases.
The Gujarat High Court had ordered re-opening and fresh scrutiny of more than 2000 cases relating to the riots, which were hastily closed by the Narender Modi Government under the supervision of the DGP.
The NGO has accused the DGP of dereliction of duty as Ahmedabad CP and pointed the incident of Gulbarg Society where despite promising to provide security, he did not do so leading to the killing of 34 persons including an ex-MP.
Under such background, the PIL said appointment of Pandey as DGP violates the letter and spirit of the orders of the court and undertaking made before it that he would not be associated with the riot related cases.
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