Widening its examination over appointment of DGPs, the Supreme Court on Tuesday asked the Centre to provide the gist of existing legislative or executive regime adopted by every State over the selection and appointment of police chiefs. A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana also asked the Jharkhand Government and its DGP Tadasha Mishra, who was appointed as the police chief a day before her retirement, to respond to a plea filed by the Centre and others challenging her elevation to the post on or before November 16.
Agreeing to the submissions of senior advocate Raju Ramachandran, who is assisting the bench as an amicus curiae, the CJI said, “I think Mr Raju is right that the Union can be in a position to give us the gist of the existing legislative or executive regime adopted by every State (on the appointment of DGPs).” Ramachandran sought directions to the Centre and States to disclose whether they had enacted legislation or framed rules governing DGP appointments and, more importantly, whether these provisions were being implemented.
He pointed out that certain States had framed rules similar to those introduced by Jharkhand but continued to claim compliance with the Supreme Court’s Prakash Singh directions. He specifically referred to Uttar Pradesh and Punjab, where similar provisions were stated to exist.
He said that a comprehensive assessment of the legal and executive frameworks adopted by different States was necessary to enable the court to examine the issue holistically rather than adjudicating the validity of individual State rules in isolation. The bench indicated that States would be required to furnish their responses.
The court also observed that the relevant provisions could take the form of statutes, regulations or executive orders, but their legal effect would remain a matter of judicial scrutiny.
The bench asked the amicus curiae to place a comprehensive note on record and asked the Registry to accept it and circulate copies among the lawyers representing the parties.