04 November,2024 01:19 PM IST | Mumbai | Faizan Khan
Vivek Phansalkar. Pic/Pradeep Dhivar
Mumbai top cop Vivek Phansalkar to take additional charge as the interim Maharashtra Director General of Police, confirmed officials. Phansalkar, the senior-most IPS officer in the state, will be succeeding Rashmi Shukla, who has been transferred a fortnight before the Maharashtra Elections 2024.
Maharashtra Chief Secretary Sujata Saunik, confirming the transfer of DGP Shukla, said that the charge will be given to the Mumbai Police Commissioner until the Election Commission finalises the candidate who will be the next DGP.
The ECI, following a complaint by Maharashtra Congress chief Nana Patole, ordered the transfer of Rashmi Shukla and directed the government to hand over the charge to the next senior-most officer. They had sought a list of three senior-most IPS officers by November 5, 1 pm, of which one would be appointed as DGP.
Alongside Phansalkar, two other senior officers of Maharashtra Cadre, whose names have been recommended are DG Legal Technical, Sanjay Verma and DG Homeguard, Ritesh Kumar.
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In 2009, a similar situation arose when DGP AN Roy had to be removed after a complaint to the Election Commission. Following his transfer, the senior-most DG, S Chakravarty was given the charge. After UPA returned to power in the state, Roy was reinstated as the Maharashtra DGP.
Maharashtra Congress president Nana Patole, in his complaint to the Election Commission of India (ECI), stated: "The issue pertains to the illegal extension and misuse of power by Smt Rashmi Shukla, a 1988-batch IPS officer currently holding the position of Director General of Police (DGP), Maharashtra, along with the additional charge of Director General in charge of the Anti-Corruption Bureau (ACB)."
"Rashmi Shukla was due to retire on June 30, 2024, upon reaching the age of superannuation, as per her date of birth in June 1964. However, she has been illegally granted an extension until January 2026, in direct violation of the Maharashtra Police Act, which stipulates that the DGP of the state shall have a term of two years or until retirement, whichever is earlier."
Patole further alleged, "In addition to this unlawful extension, Smt Rashmi Shukla has a history of engaging in illegal activities that raise serious concerns about her impartiality and ability to perform her duties with integrity. She has been involved in the illegal tapping of opposition leaders' phones without proper authorization, misleading competent authorities in the process. Despite several cases being registered against her, these cases were shelved following the change of government in Maharashtra, when the BJP came into power."
He also accused Shukla of acting as a political campaigner for the BJP, saying, "During her tenure as DGP, she has actively misused her position to harass and threaten opposition leaders, often generating false inquiries and registering baseless cases against them. She has compromised the integrity and non-partisan nature of her role as a senior police officer."
The complaint letter submitted to the ECI further states: "As the DG in charge of the ACB, she has summoned opposition party leaders and members to police stations and ACB offices, using her powers to coerce and intimidate them. Furthermore, she has aligned the State Intelligence Department (SID) with the interests of the BJP, a trend observed during her previous tenure as Commissioner of SID. Given these instances of political bias, misuse of government machinery, and illegal activities, it is impossible to ensure a fair and impartial environment for the upcoming elections in Maharashtra while Smt. Rashmi Shukla continues to hold power over the state police."
"In light of these serious violations of law and protocol, I respectfully request the Election Commission of India to take immediate action to remove Smt. Rashmi Shukla from both the positions of DGP Maharashtra and DG ACB. Her removal is crucial to safeguard the democratic process and ensure that the forthcoming elections are conducted in a fair, free, and transparent manner," Patole stated.
Rashmi Shukla was the first woman DGP of Maharashtra Police she officially assumed her role on January 8, succeeding Rajnish Seth. Shukla, a 1988 batch IPS officer and former chief of Sashastra Seema Bal (SSB), was repatriated from SSB to take charge as DGP Maharashtra. She took over from Mumbai police commissioner Vivek Phansalkar, who held an additional charge after Seth's retirement on December 31, 2023.
Rashmi Shukla, a 1988-batch IPS officer, has held numerous high-profile positions throughout her distinguished career in law enforcement. Her major designations include serving as Superintendent of Police (SP) in Nashik Rural, Aurangabad Rural, Satara, and Pune Rural districts. She has also served as Deputy Commissioner of Police in Zones 1 and 5 in Mumbai, and later as Additional Commissioner of Police (Southern Zone) and Joint Commissioner of Police of the Crime Branch in Mumbai.
Shukla became Commissioner of Nagpur Police and later Commissioner of Pune Police in 2016. She has held significant roles such as Additional Director General (Traffic), Deputy Inspector General (Administration), and Inspector General (Law and Order). From 2016 to 2019, she was the Commissioner of the State Intelligence Department.
Further, she served as Director General of Civil Defence and was empanelled as an Additional Director General (ADG) by the Union government in 2021, taking the position of ADG of CRPF in the J&K Zone. In 2022, she was empanelled as a Director General of Police (DGP) and posted as ADG of CRPF, Hyderabad. In 2023, she took charge as Director General of Seema Suraksha Bal and, as of January 2024, serves as the Director General of Maharashtra Police.
Rashmi Shukla's time as the Commissioner of the State Intelligence Department (SID) was fraught with controversy, centred around allegations of unauthorized phone tapping. During her tenure, the phones of several prominent political leaders, including Nana Patole, Sanjay Raut, and Eknath Khadse, were allegedly intercepted. After the Maha Vikas Aghadi (MVA) coalition - comprising the Shiv Sena, NCP, and Congress - took office, three FIRs were filed against her in Mumbai and Pune. These charges accused her of illegally tapping the phones of Congress state chief Nana Patole, NCP's Eknath Khadse, and Shiv Sena's Sanjay Raut.
Shukla was named as an accused in two of the cases. His One case pertained to the alleged leak of the phone-tapping report. When the Shinde-Fadnavis government took power, the investigation was transferred to the Central Bureau of Investigation (CBI).
In December, last year, the Bombay High Court quashed two of the three FIRs filed against her. The third case, also transferred to the CBI, was closed after the court approved the CBI's closure report, ultimately allowing Shukla to re-assume a key role in the state apparatus. Shukla was scheduled to retire in June 2024 but was granted a two-year extension to serve a full-term tenure. This decision was made in line with the Prakash Singh judgment of the Supreme Court, which mandates a two-year tenure for DGPs to ensure their independence from political pressure.