Bengaluru stampede: Karnataka HC questions suspension of 5 cops, seeks govt reply
A bench of Justices SG Pandit and TM Nadaf said the state will have to 'justify whether it was proper to keep the officers under suspension, or, whether shifting them to another post would have been sufficient?'
The court was hearing an appeal filed by the Karnataka government challenging the Central Administrative Tribunal (CAT) July 1 order quashing Indian police service (IPS) officer Vikash Kumar Vikash's suspension.
Terming the state's suspension order 'mechanical' and not supported by sufficient material, the tribunal had directed the state to 'immediately' reinstate Vikash. It had also suggested that the government extend similar relief to the other four officers suspended along with Vikash, including the then commissioner of police B Dayananda.
Urging the court to stay the tribunal's order, advocate general Shashikiran Shetty on Thursday said that the tribunal had acted in haste and had also overstepped in suggesting the remaining four officers, who were not even parties before it, also be reinstated.
Shetty said the state was ready to show the court that all five officers who had been suspended were guilty of 'dereliction of duty.' 'I will be able to show from the records that the suspension order was justified,' Shetty added.
Shetty told the court that the tribunal had granted Vikash relief on July 1 and he had reported to duty in his uniform on July 2 without waiting for any formal order from the state reinstating him.
The high court, however, said it will hear the matter further on July 9 and until the next hearing, Vikash must show restraint and not precipitate the matter any further.
Also Read: Bengaluru stampede: Karnataka moves HC against quashing of officer's suspension
Vikash's counsel, senior advocate Dhyan Chinappa, assured the court that his client will 'not do anything' until the next hearing before the high court.
Vikash and the four other officers of Bengaluru police were suspended on June 5, a day after the stampede. Vikash had challenged his suspension before the tribunal, claiming he was not responsible for the tragedy and that the police had no prior notice of the Royal Challengers Bengaluru (RCB)'s Indian Premier League (IPL) victory parade, which triggered the stampede. It blamed RCB for unilaterally announcing the event via Instagram without informing the authorities.
Also Read: HC allows govt to file reply on stampede plea in sealed cover
In its order, the tribunal held that RCB announced free public entry, drawing massive crowds to the stadium, and failed to formally seek police permission or coordinate with authorities for the victory parade and celebrations.
The Karnataka government, however, has challenged the tribunal's order claiming that the revocation of suspension of the officers while the magisterial and judicial inquiries into the stampede were ongoing was likely to adversely impact the probes. Vikash's 'presence in service during this period might adversely affect the examination of witnesses' and undermine the process of justice, the state has argued.
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