“Retain Rupin Sharma as DGP or face contempt of court at own risk”
DIMAPUR, AUGUST 31 (MExN): A group of social activist has taken the fight to retain the former Director General of Police (DGP), Rupin Sharma to court.
An unregistered association of social activist of Nagaland, under the nomenclature The Concerned People of Nagaland (CPN) has served a legal notice to the Chief Secretary of Nagaland to comply with the Supreme Court directions on the appointment of the Director General of Police (DGP) within 15 days.
A legal notice issued by Advocate Rohit Vats of DK Sharma & Co law firm representing the petitioners (CPN) said the Government of Nagaland has not been following the mandatory directions issued by the SC in the case of Prakash Singh vs. Union of India and others 1996 that the DGP of the state shall be selected by the state government from amongst the three senior-most officers of the department (state cadre) who have been empanelled for promotion to that rank by the Union Public Service Commission (UPSC) on the basis of their length of service, very good record and range of experience for heading the police force.
The DGP, once selected for the job, should have a minimum tenure of at least two years irrespective of his date of superannuation. The DGP, may, however, be relieved of his responsibilities by the state government acting in consultation with the State Security Commission consequent upon any action taken against him under the All India Services (Discipline and Appeal) Rules or following his conviction in a court of law in a criminal offence or in a case of corruption, or if he is otherwise incapacitated from discharging his duties.
Despite such direction from the SC on the criteria for selection and minimum tenure of DGP, the legal notice said successive governments of the State of Nagaland have been appointing the DGP of the state police force by requisitioning a single officer of their choice on deputation from other cadres.
It stated that the State of Nagaland has all along been deliberately and conscientiously violating the direction issued by the SC- with the most recent case being that of the removal of former DGP Rupin Sharma within seven months of his appointment.
Rupin Sharma, IPS (Nagaland 1992) being the senior-most IPS officer of the State cadre, was appointed as the DGP of the State of Nagaland on November 23, 2017 but was unceremoniously removed from the post within 7 month and put on compulsory wait in blatant violation of the above directions mandating a minimum tenure of two years. This clearly constitutes contempt of the SC, the legal notice to the Chief Secretary pointed out.
In the face of the above situation, the Chief Secretary has been asked to implement and comply with the directions of the SC regarding the appointment of DGP within 15 days from the receipt of the legal notice by restoring the service of Rupin Sharma as DGP, who is the senior most IPS officer of the Nagaland cadre in the state and allow him to continue appointment as per directions of the SC.
Failing this, the petitioners would have no option but to file contempt of court petition against you (Chief Secretary) in the SC entirely at your own risk and responsibility,” the legal notice informed.
It may be recalled that several organisations had launched a signature campaign across the state to retain Rupin Sharma, hailed as the People’s DGP, whom the state government sought replacement on the premise that he did not have ‘requisite experience’ and does not meet the criteria of 30 years of service.
The organisations also wrote to Prime Minister Narendra Modi and Home Minister Rajnath Singh to retain Sharma. However, Sharma was replaced by T.J. Longkumer, a native of Nagaland and a 1991 batch IPS officer of Chhattisgarh cadre.
