The Supreme Court of India has issued a notice in a plea by Centre for Public Interest Litigation (CPIL), an NGO, that has challenged Rakesh Asthana’s appointment as Delhi Police Commissioner. The SC has now sought replies from the Centre and Rakesh Asthana.
Asthana is a 1984-batch Gujarat cadre officer and was deputed to Arunachal Pradesh-Goa-Mizoram and Union Territory (AGMUT) cadre on July 27 this year, when he was also granted an extension of service for a period of one year beyond his date of retirement, which was previously July 31, 2021. The extension means he will remain Delhi CP till at least July 31, 2022, unless transferred to another post.
CPIL filed a writ petition and an appeal against the appointment of Asthana as Delhi Police Commissioner just four days before his superannuation on July 31. The plea challenges a Delhi High Court order which upheld the Centre’s decision to appoint the senior IPS officer as Delhi Police Commissioner. On October 12, the Delhi HC had said there was “no irregularity, illegality or infirmity” in his selection.
On Friday, a bench of Justices DY Chandrachud and AS Bopanna issued notice to the Centre and Asthana, and sought their response on the plea by the NGO, stated news reports. Senior Advocate Prashant Bhushan, appearing for the NGO, reportedly said that they have filed the appeal as directed by the top court on November 18 and Solicitor General Tushar Mehta, appearing for Centre and Senior advocate Mukul Rohatgi, representing Asthana said that they would file their replies in two weeks.
Delhi Assembly had adopted a resolution against his appointment too
It is noteworthy that just a day after Rakesh Asthana took charge as the new Delhi Police Commissioner, the Aam Aadmi Party (AAP)-led Delhi Assembly had adopted a resolution against the move. Tabled by AAP MLA Sanjeev Jha the resolution, was adopted after a brief discussion, and stated: “It is beyond any reasonable understanding as to why a controversial officer who was removed by this Central Government from the post of Special Director CBI in October 2018 and was not considered fit for the post of CBI director only very recently, is being imposed on Delhi Police. Given the past track record of this officer, there is reasonable apprehension that the Central Government will use him for foisting false cases on political rivals to create a reign of terror in the national capital. Such a controversial individual should not be heading the police force in the country’s national capital.”
According to a report in Bar and Bench, CPIL had initially approached the Supreme Court challenging Asthana’s appointment, and another petitioner named Sadre Alam had moved the High Court challenging the appointment. The Supreme Court had kept CPIL petition pending and given liberty to the NGO to intervene before the High Court, stated B&B, adding that the HC had then dismissed Alam’s plea after a detailed hearing in which CPIL was also heard as intervener.
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