Petition for action against 2 IPS Officers for providing security to Ex-Addl. PRO

Petitioners file response to reply filed by Home Department

04/11/2018

JAMMU, NOV 3: In the much publicized Public Interest Litigation (PIL) titled Sheikh Mohammad Shafi & Anr V/s Union of India & Ors wherein the petitioners have sought the prosecution of tainted Politicians/Bureaucrats in State of J&K and in which the petitioners have filed Miscellaneous Application No.1/2018 seeking directions to the GAD and Home Department to initiate disciplinary proceedings against 2 IPS Officers of J&K Cadre namely Atul Goel the then SSP Jammu and Anand Jain Former SSP Jammu for misusing/abusing their official position by providing undue security cover to Kewal Kumar Sharma Forest Guard turned Additional PRO to the then Deputy Chief Minister J&K.
The petitioners as per the directions of the Division Bench dated August, 3, 2018 have filed their response to the reply filed by Home Department J&K Government. In the response filed by the petitioners it is submitted that the reply filed by the Home Department on the basis of the report of DGP J&K is misleading and contrary to the records as before providing security cover to Kewal Kumar Sharma the then Additional PRO to then Deputy Chief Minister the case was never placed before the Security Review Coordination Committee (SRCC) by the Security Headquarters J&K. The petitioners in their response have also relied upon the affidavit filed by Dr. S.P. Vaid the then ADGP PHQ in the Supreme Court of India in SLP(C) No.2537 of 2010 titled Abhay Singh V/s State of UP & Ors wherein it was categorically submitted by Dr. S.P. Vaid that security cover to an individual is provided as per the guidelines laid down by Ministry of Home Affairs, Govt. of India in "Yellow Book" which is a classified document and as per the procedure in vogue the security cover is provided to an individual on the basis of threat perception report received from field agencies and the individuals facing specific threat are categorized by the Security Review Coordination Committee (SRCC).
In the response it is further submitted that the above referred procedure was given a go-bye by the 2 IPS officers while providing undue security cover to Kewal Kumar Sharma and there was no assessment of threat perception through the field agencies and the Home Department filed the reply on a misleading report furnished by the Director General of Police J&K. It is further stated in the response that the report was manufactured to confer undue favour to the 2 IPS Officers who budged to the political pressure and miserably failed to conduct themselves as Public Servants and abused their official position just to remain in good books of then Deputy Chief Minister. In the response the petitioners have prayed for rejection of the reply filed by the Home Department and issuance of appropriate directions to the GAD and Home Department to fix responsibility in the matter.
In the Miscellaneous Application (M.P. No.1/2018) the petitioners have referred a status report filed by then IGP (Personnel) PHQ Mukesh Singh (IPS) wherein it was divulged that on July, 27, 2013 on the verbal directions of the then SSP Jammu a guard comprising of 04 (four) officials was deputed for the first time and the said guard was subsequently changed by supplementing with another guard comprising of four police officials and this continued upto October, 10, 2014. It was further divulged in the said status report that one PSO had already been deployed prior to this incident with Kewal Kumar Sharma on the verbal orders of the then SSP Jammu (Anand Jain) with date of deployment as December, 3, 2011 and the said PSO was subsequently changed with another PSO over the period of time and this process of deployment continued upto October, 15, 2014 when on the verbal order of then SSP Jammu (Uttam Chand IPS) PSO were withdrawn from Kewal Sharma.
It is worthwhile to mention herein that Justice Tashi Rabstan of J&K High Court in para 20 of the Judgment dated November, 20, 2015 delivered in writ petition (OWP No.1584/2014) had passed strictures by observing that, "Before parting, it needs to bring on record that it is very strange that merely on the verbal request of wife of Forest Guard Kewal Sharma (the then PRO to Deputy Chief Minister) the then Sr. Superintendent of Police, Jammu deployed four PSOs with Kewal Sharma and also deputed four security guards at his residence without even bothering to ascertain the allegations or investigating the matter in its right perspective.
How could a police officer of the rank of Sr. S.P. provide such a huge security to a mere Forest Guard that too only on the verbal request of his wife, when, besides other allegations, serious charges of corruption etc have been levelled against Kewal Sharma of amassing huge wealth and properties allegedly by indulging in unlawful means and immoral activities while acting as a PRO to the then Deputy Chief Minister. The same cannot be done without the knowledge of higher-ups. Although the security provided to Kewal Sharma has been withdrawn by the higher police authorities too seem to be under some sort of pressure or were part of the entire episode." JNF

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