SC rejects IPS officer’s plea in Ishrat case
11 years, 9 months ago

SC rejects IPS officer’s plea in Ishrat case

The Hindu  

The Supreme Court on Tuesday rejected the plea of Gujarat’s Additional DGP P.P. Puthvipal P. Pandey, a 1982-batch IPS officer, has been made accused in the fake encounter case for providing “so-called crucial intelligence inputs” to fellow policemen that Ishrat and three others were LeT operatives and were on a mission to assassinate Chief Minister Narendra Modi. At the outset, the bench today also made it clear to senior advocate Sekhar Naphade, appearing for Mr. Pandey, that it cannot entertain the plea for quashing of the FIR in a petition filed under the Article 32 of the Constitution as the plea should have been first filed with the High Court under section 482 of the CrPC. “I am a senior police officer, who simply acted on the intelligence input and passed them on and my life and liberty cannot be taken away without following the due process of law as enshrined under Article 21 of the Constitution,” Mr. Naphade said, adding that a petition to the apex court was not “premature” and rather, maintainable. He also assailed the Gujarat High Court directing the Special Investigation Team to register the second FIR in the case saying “this order was illegal.” The High Court also followed a policy, “which is unheard of”, by allowing the SIT to take a decision by majority as some members had conflicting views on the probe in the case, the counsel for Mr. Pandey said.

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