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Wednesday, Jun 22, 2005

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CAT warns Gujarat Government

Special Correspondent

Promotion denied for speaking against Chief Minister Narendra Modi, says Shreekumar

AHMEDABAD: The Gujarat Government on Tuesday was given a final warning by the Central Administrative Tribunal to file its reply within the stipulated time in connection with the denial of promotion to Additional Director-General of Police R.B. Shreekumar.

The State Government has been given three more weeks and asked to file its reply by July 14. "If you fail again, your chance to file reply will be closed," tribunal judge Shankar Prasad told government counsel B.N. Doctor.

When Mr. Shreekumar's petition came up for hearing on May 9, the State Government sought time to file its reply. It was given six weeks. When it came up for hearing again on Tuesday, Mr. Doctor sought a further two weeks. He claimed that the time was required to study the circumstances and reasons why the juniors named by Mr. Shreekumar in his petition were given promotion ignoring his claim.

Mr. Shreekumar had claimed he was denied promotion — with some of his juniors superseding him despite having cases pending against them — for speaking against Chief Minister Narendra Modi, senior bureaucrats and police officers. He alleged that they had given him "illegal instructions" when he was chief of the State Intelligence Department partly covering the 2002 riot period. The State Government, however, denied any mala fide intentions.

Decision deferred

A decision on the application of the Prevention of Terrorism Act against the accused in the Godhra train carnage has been postponed till June 27 by the special POTA court. It was deferred pending disposal of the "clarification application" filed before a Division Bench of the Gujarat High Court by counsel of some of the accused to clarify whether the prosecution had any right to give independent opinion against the recommendation of the Central POTA Review Committee suggesting withdrawal of POTA against all the 131 accused in the train carnage.

The State Government had contested the CPRC claim that the train carnage was not a "pre-planned conspiracy" and, therefore POTA should not be applied against the accused though they could be prosecuted under other sections of the Indian Penal Code and the Arms Act.

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