Shimla, Jan 10,
The Himachal Pradesh High Court has continued the stay on the transfer of IPS officer Ilma Afroz from the post of Baddi Superintendent of Police (SP). Rejecting the State government’s plea for modification of the earlier order the Division Bench of Justice Gurmeet Singh Sandhawalia and Justice Satyan Vaidya directed that the matter be referred back to the bench that initially restrained the transfer.
“This application has been filed for transferring Superintendent of Police, Baddi, District, Solan, H.P., stared the court. Adding,” It is brought to our notice that a Co-ordinateBench comprising of Justice Tarlok Singh Chauhan and JusticeSushil Kukreja passed a detailed order on 23.10.2024, wherein,certain directions were issued and the compliance report hasalso been filed.” Further adding,” Vide order dated 09.09.2024, directions hadbeen issued that the officer i.e. Superintendent of Police namelyMs. Ilma Afroz, who was also present when the above said interim order was passed, shall not be transferred from thePolice District, Baddi. In such circumstances, we deem it appropriatethat the matter be heard by the same Bench. List on 28.02.2025 before the same Bench alongwith connected matter,” stated the Division bench.
Advocate R.L. Chaudhary, representing the petitioner informed us that the High Court had earlier ordered the state to submit a panel of three IPS officers for consideration if the transfer was deemed necessary. However during Friday’s hearing, Advocate General Anup Rattan argued that the state was conducting routine transfers under Section 56 of the Himachal Pradesh Police Act and could not furnish a specific panel for Baddi. He asserted that the transfers were part of standard administrative processes, not targeted actions. Despite this, the court upheld its earlier directive, maintaining the status quo in this matter.
Advocate Chaudhary, emphasized that the government’s modification plea lacked merit. He stated that the High Court’s previous order had not been overturned and would remain effective. As a result, Ilma Afroz, who is currently on leave, will retain her position as Baddi SP upon her return.
Ilma Afroz, a young and dynamic IPS officer, had allegedly clashed with a Congress MLA of the area, drawing significant public attention. Amidst this backdrop, the State government allegedly sought to transfer her from Baddi, a key industrial hub. However, this move faced resistance, with public interest litigant Suchha Ram challenging it in court.
The next hearing in this matter is now scheduled after the winter break of the court. Rattan confirmed that the Government had explained its stance to the court, reiterating that the transfer process adhered to legal provisions.
With the next hearing set for later now, the case continues to garner public and legal attention, potentially setting a precedent for future disputes involving bureaucratic transfers in the state.
