Press Release from Sukhpal Singh Khaira

                                      PRESS-RELEASE                                                                       13/6/09

Punjab Government has decided to bring Sh. P.S. Gill belonging to Jammu and Kashmir cadre to Punjab in order to make him the DGP of the State. I have nothing against Sh. P.S. Gill but the conduct of the Chief Minister of Punjab and his son the Deputy Chief Minister of Punjab is, as usual, contradictory to their own statements. In 2005, when Capt. Amarinder Singh, then Chief Minister Punjab, appointed Sh. S.S. Virk as DGP Punjab, Mr. Badal, then leader of Opposition, criticized his appointment saying that an officer of Punjab cadre should have been appointed as it meant that no officer of Punjab cadre was capable of being appointed the DGP. Capt. Amarinder Singh had justified his decision by saying that Sh. Virk had come to Punjab on deputation during the date of terrorism, when the officers of Punjab were going on deputation out of Punjab, Sh. Virk had put in 21 years of his service in Punjab and had best credentials for this post. The Badal Government on coming to power had enacted the Punjab Police Act, 2007 (came into operation in February, 2008) as per which a DGP could only be appointed from amongst the officers of Punjab cadre. However, now the Badal Government is appointing an officer of J&K cadre as DGP who has never worked in Punjab. Moreover, they are also trying to bring in an ordinance to repeal Section 6 of the Punjab Police Act, 2007 so as to enable this officer to become the DGP of Punjab. Does this mean that now the Punjab Police does not have any officer fit to be appointed as the DGP? This act of the Badal Government is also against the spirit of the Supreme Court’s judgment in Parkash Singh’s case which requires that the DGP should be appointed from the three senior most officers of the State. Thus, Mr. Badal is today doing the very act which he had criticized when he was the leader of Opposition.

                        The Badal Government is in the habit of breaking its own laws. Earlier when Sumedh Singh Saini, as IGP, was appointed the Director Vigilance Bureau, Punjab and was also made its acting Chief Director, a writ was filed by me before the Hon'ble Punjab and Haryana High Court. In order to escape an adverse order from the Hon'ble High Court, the Badal Government repealed the Punjab State Vigilance Commission Act. Now a similar thing is being done again by the Badal Government. First they criticize the appointment of an ex-cadre officer as DGP irrespective of his credentials, then bring in a law regarding appointment of only cadre officers as DGP, followed by appointment of an ex-cadre officer as DGP and finally decide to pass an ordinance to amend the relevant Section of the Act. All these acts reflect the short sightedness and administrative inefficiency of the Badal Government.

                        The MLAs especially the Ministers derive their strength from the mandate of the voters of their constituency. The present Deputy Chief Minister Sukhbir Singh Badal has not been elected from any constituency and it is also very clear that he would not be able to contest any election within the required 6 months period. Hence, he has no authority to officiate at the present post more so to announce the name of the next DGP. This act of his is nothing but a sheer mockery of law.

 Relevant Section of the Punjab Police Act, 2007                                  

          

6.

(1)           The State Government shall select the Director General of Police from amongst Indian Police Service officers borne on the State cadre, who are in the rank of Director General or are eligible to hold this rank for appointment as Director General of Police.

Selection and term of office of Director General of Police.

(Sukhpal Singh Khaira)

MLA, Bholath