DGP escapes arrest as Supreme Court stays High Court's Non-Bailable Warrant

On Thursday, Karnataka's DGP avoided arrest as Apex Court stayed a HC order issuing non-bailable arrest warrant (NBW) against him for failing to appear before it to explain why a Deputy Superintendent of Police had been shifted 30 times in 24 years.

On Feb 11, the HC had asked: "the additional government advocate to secure the response of the DGP for treatment meted out to the deputy SP & also to explain as to why no posting is shown to the petitioner & why he was made to run from pillar to post on 30 occasions in 24 years of his service". Before the next date of hearing, deputy superintendent of police SS Kashi was posted in the CID (forest cell). 

On Feb 18, the HC was incensed by the non-provision of records explaining the numerous transfers & ordered the DGP to be present in Court & warned that if he was absent, then the court would issue a non-bailable arrest warrant against him. The DGP didn't attend the hearing & the Court issued an NBW to secure his presence while asking the state home secretary to execute the arrest warrant.

The DGP rushed to the Supreme Court. The appeal was heard in 2 hours of it getting mentioned for urgent hearing.

Can’t be held liable for transfers of 24 years: DGP

On Solicitor General Tushar Mehta’s request, a bench of CJI SA Bobde & Justice BR Gavai & Justice Surya Kant took up the appeal within 2 hours of it getting mentioned for urgent hearing & stayed the High Court order, by which the DGP was to be produced in custody before it on Feb 25.

In his plea on Feb 18, the DGP said he was held up as the Karnataka legislature was discussing the police firing incident in Mangaluru.

He said that “The petitioner (DGP) had not received information in the morning as he was held up in the aforesaid matter & the IG (administration), who is a senior police functionary, had appeared in person on behalf of the police department. By the time the petitioner (DGP) received the necessary communication & was preparing to reach the HC, the court had risen for the day after passing the impugned order".

He explained that he had joined as DGP this month & couldn't be held liable for any transfer of the DSP over a period of 24 years. However, he asserted that the State Govt would be able to demonstrate from the DSP’s service record that the transfers were justifiable. 

In his plea before the HC, Kashi said the minimum tenure he served at a posting was three days & the maximum was less than a year. He contended he wasn't given any executive post in the past 8 years, adding that in past 4 months, he had been transferred 5 times. Kashi, who holds an MSc, joined the Police force on Dec 1, 1996, as a sub-inspector (SI) & was later promoted as inspector & Deputy Superintendent of Police.

Kashi approached the HC after the Karnataka State Administrative Tribunal dismissed his petition on Dec 16, 2019, where he had challenged his transfer from the Forest wing of CID to the CCB on Aug 19, 2019. Interestingly, the same day his transfer was cancelled without any reason.

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