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SC issues notice to Chhattisgarh on President's awardee IPS officer's plea

ANI | Updated: Sep 26, 2022 23:58 IST


New Delhi [India], September 26 (ANI): The Supreme Court on Monday issued notice to the Chhattisgarh government on a plea filed by a two-time recipient of the President's Police Medal for Gallantry against an inquiry.
A bench headed by Chief Justice of India UU Lalit also granted interim relief to petitioner IPS officer Mukesh Gupta as it ordered a stay of operation on findings contained in the report of MadanWada Korkoti Special Judicial Inquiry Commission concerning the Petitioner.
The petitioner Gupta was represented by Senior Advocate Mahesh Jethmalani, and Advocate on Record Ravi Sharma.
The Petitioner Mukesh Gupta is a DG rank IPS officer and a two times recipient of the President's Police Medal for Gallantry, who at the time of the Madanwada Korkoti Naxal incident in 2009 was serving as the Inspector General of Police of Durg Range.

The petitioner said," On January 15 2020 after a lapse of almost 11 years the present political dispensation constituted a sole member special judicial inquiry commission, presided over by Retd. Justice Shambunath Shrivastava to inquire into the Madanwada Korkotti Naxal Incident which generated findings detrimental to the Petitioner's honour, dignity and reputation and is replete with findings against the conduct of the Petitioner during the said Naxal ambush and also lay the said report on the floor of the legislature on 16.03.2022."
Furthermore, the "perverse findings" contained therein against the Petitioner was also publicized in various regional newspaper only with the agenda to tarnish the reputation of the Petitioner who earned it through his sincere service of 30 years, the petition said.
The Petitioner was constrained to prefer Writ Petition before the Chhattisgarh HC seeking quashing of the final report dated February 1, 2022, of Special judicial inquiry commission which while issuing show cause notice to the State of Chhattisgarh on the said Writ preferred by the Petitioner refused to grant interim relief sought by the Petitioner to stay on findings contained in the report of the Inquiry Commission, the petition said.
"It is against such refusal by the High Court of Chhattisgarh to stay on findings contained in the report of the Inquiry Commission, the Petitioner herein was constrained to file a Special Leave Petition before the Supreme Court of India," the petitioner said.
In the Supreme Court, Mahesh Jethmalani, Sr Advocate and Advocate Ravi Sharma, on record while appearing for the Petitioner submitted that as per the mandate of Sec 8B and 8C of the Commission of Inquiry Act, it is incumbent on any commission of inquiry to give a fair opportunity of hearing to persons whose reputation is likely to be prejudicially affected by such inquiry. (ANI)

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