Supreme Court To Hear Tomorrow Ishrat Jahan Case Probe Officer Satish Chandra Verma's Plea To Stay Dismissal Order

The Supreme Court of India will hear an SLP moved by Gujarat IPS officer Satish Chandra Verma , challenging an order of the Delhi High Court refusing to stay his dismissal, tomorrow. (September 28).

"We are not inclined to stay or interdict the order of dismissal dated 30.08.2022 at this stage," said the division bench of Justice Sanjeev Sachdeva and Justice Tushar Rao Gedela of the Delhi High Court observed in its order, yesterday.

The IPS Officer had assisted the Gujarat HC-appointed Special Investigation Team (SIT) in the probe of 2004 Ishrat Jahan case. The Home Ministry dismissed Verma on August 30, when he was to retire on September 30. One of the grounds for dismissal includes "talking to the media which dented the country's international relations". The disciplinary proceedings were initiated in 2016 after Verma spoke to the media denying the allegations of torture in the Ishrat Jahan case probe.

On September 19, the Supreme Court had kept in abeyance for a week Verma's dismissal order and left it to the High Court to consider whether to continue the stay or not.

When the matter was mentioned today before a Bench of Justices KM Joseph and Hrishikesh Roy for an urgent hearing at 2 pm, the Court was inclined to post it for hearing tomorrow.

"Yesterday, at 5pm there was an order, I mentioned it and got it listed today, milords. Now, in the evening, they are saying that somebody has been posted (in place of the petitioner). The way they have moved, the electric speed in which they have moved, I will point out each and every thing. Even this order (by the Delhi High Court), my lords would certainly examine", the advocate appearing for the petitioners said.

"Right now, we don't have the file with us", Justice Joseph said.

Solicitor General Tushar Mehta informed the bench that following the refusal by the High Court to grant interim relief to the petitioner, another person, Dr. Maheshwar Dayal, IPS has been appointed, by order dated September 26, 2022, in the vacancy created by the dismissal of the petitioner and that the other person has taken charge.

As a result of the Delhi High Court, the petitioner will be dismissed from service with effect from September 27, even though he has a strong prima facie case against the charge memo dated August 13, 2018 and the dismissal order dated August 30,2022, the petition moved through Advocate on Record Divyesh Pratap states.

As on August 30, 2022, there was no additional fact or development to merit any alteration of the interim protection granted to the petitioner in 2021 by the High Court, the plea added.

"However, the superannuation of the petitioner could not cause any legitimate prejudice to the UoI because the statutory rules in respect of All India Services envisage appropriate penalties even after retirement on conclusion of the departmental enquiries initiated earlier", the plea further added.

Case Title: Satish Chandra Verma vs Union of India