New Delhi: The transfer of four police officers in West Bengal and of the Andhra Pradesh chief secretary by the Election Commission has riled the parties ruling these states. Within a span of a few hours and just ahead of the elections in these states, the commission put into effect these transfers.
Trinamool Congress leader and West Bengal chief minister Mamata Banerjee charged that the transfers were “biased” and carried out “at the behest of the BJP”. Among the officers who have been transferred is the commissioner of the Kolkata police.
Likewise, Andhra Pradesh chief minister Chandrababu Naidu, who has been at the forefront of stitching up a grand alliance against the Narendra Modi government ever since he left NDA, said he was being targeted because he revolted against the Centre. He also expressed the fear that he “may be arrested in a day or two”.
“For the last few days, he [Modi] has been directing Central agencies like the Income Tax department, Enforcement Directorate and the police forces to conduct raids on my party leaders. I won’t be surprised, if I am arrested in a day or two. What mistake did I commit? Is demanding our rights a crime?” he asked.
‘EC decision arbitrary, motivated and biased’
Reacting to the development, Banerjee also wrote a protest letter, saying: “I strongly feel that the EC plays a neutral role to save democracy in India. But, it is very unfortunate that I have to write this letter today to raise strong protest against the transfer order dated April 5, 2019 issued by the EC by way of removing four senior officers from their existing positions.”
She also charged that “the decision of the Commission is highly arbitrary, motivated and biased. We have every reason to believe that the decision of the Commission is at the behest of the ruling party at the Centre, i.e the BJP.”
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The combative leader also made the transfers a poll issue. At an election rally, she challenged the EC to replace her too. “The EC changed good police officials but that will not affect us. If you can, replace me first,” she said.
Kolkata top cop was quizzed by CBI
Incidentally, Kolkata police commissioner Rajeev Kumar was in the crosshairs of the Centre for his handling of the Saradha chit fund scam in which the names of several TMC leaders figured. Meanwhile, it has also been reported that the CBI wants his custodial interrogation. The Supreme Court had on February 5 directed him to appear before the CBI. He was subsequently questioned for several days in Shillong from February 9.
The development in West Bengal came barely hours after the Election Commission replaced the chief secretary of Andhra Pradesh.
Andhra chief secretary had earlier defied EC orders
Andhra Pradesh chief secretary Anil Chandra Punetha, a 1984-batch IAS officer, had also run afoul of the poll panel earlier. The commission, on March 26, transferred the director general of police (intelligence) A.B. Venkateshwara Rao and superintendents of police A. Venkata Ratnam of Srikakulam and Rahul Dev Sharma of Kadapa based on a complaint by the YSR Congress. It had accused them of colluding with the TDP and indulging in alleged electoral malpractices.
However, Punetha is alleged to have modified the orders and retained the DGP (intelligence). The Naidu government then moved the high court, but it upheld the transfers.
Now the EC has handed over Punetha’s charge to a 1983-batch IAS officer L.V. Subrahmanyam.
Does EC have powers to transfer officers without consulting with state government?
It is being alleged that the Election Commission did not consult the two state governments on the replacements of the officers it wanted to transfer.
While there is no denying that the EC has absolute power in the matter of transfer of officers for ensuring free and fair elections, should it have consulted the state government on alternate names?
Former chief election commissioner T.S. Krishnamurthy said: “The Constitution has given the maximum powers to the Election Commission for conducting free and fair elections. The Supreme Court has also approved that in the process of conducting free and fair elections, the EC can transfer any officials who are engaged in election duty.”
He said the EC has the right to transfer officers and is “blessed by the SC’s orders” in the matter. “Whether the EC is fair or not, I don’t think at this stage anyone can pronounce a judgement. Their action can only be questioned after the election is over.”
He said “it is possible that the EC asks for a list of officers from the state for effecting any transfer”. But if the names are not acceptable to the commission, it can go outside the list, he said.
Krishnamurthy recalled an instance, when as the CEC, the then Haryana DGP’s wife was contesting the election. “We wanted him to go, but the CM refused. So I threatened to postpone the polls. The ruling party relented and the CM and governor sent us a list of alternate candidates. I do not remember if we picked from it or not. But the EC is well within its right to choose from outside the list.”