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HC issues contempt notice to Home Secy,DGP,police chief

The transfer orders were quashed by HC on July 31,2013.

Written by Express News Service | Ahmedabad | Published: October 29, 2013 5:51:01 am

The Gujarat High Court has issued contempt notice to Home Secretary,Director General of Police and Ahmedabad Police Commissioner for not reinstating two police constables to their parent posting despite court’s order in July this year. The two constables were transferred from Ahmedabad city to Jamnagar and Amreli districts respectively,following the 2009 hooch tragedy as punishment by Ahmedabad Police Commissioner for their alleged links with bootleggers. The transfer orders were quashed by HC on July 31,2013.

The hooch tragedy of July 2009 had left over 100 people dead and caused a public furore over the blatant violation of the state’s Prohibition Law. Following the tragedy,police authorities had transferred a number of policemen from the constabulary. Hadmatsinh Sisodiya and Madansinh Chavda were two of them.

The transfer order was first challenged by Sisodiya in 2010 and he was followed by Chavda in 2011. The two constables have denied the allegation,stating that the bootleggers were their informers. In his petition,Sisodiya had contended that the constabulary was being made a scapegoat in the hooch tragedy by authorities and senior police officers were not held responsible for the same.

The two petitions were allowed by HC in July 2013,with the court holding that under the provisions of the Bombay Police Act,the authorities could not transfer police constables outside their parent district except under emergency circumstances. Quashing the transfer orders,the court held that there were no emergency circumstances to transfer the two from Ahmedabad.

In spite of the HC order,the two have not been reinstated by the Gujarat government,following which they moved contempt proceedings against the concerned authorities. Acting on the petitions,a division bench of HC,comprising Justices Jayant Patel and Z K Saiyed,last week issued notices to Director General of Police Pramod Kumar,Home Secretary S K Nanda,Ahmedabad Police Commissioner Shivanand Jha and Superintendents of Police of Jamnagar and Amreli districts. The petitions have been posted for further hearing on November 29.

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