Do 'Prakash Singh' Directions Apply To Police Chiefs Of UTs? Supreme Court To Decide Question Of Law In Rakesh Asthana Case

The Supreme Court of India on Monday stated that it would have to determine whether the directions passed in Prakash Singh & Others v. Union of India apply to Police Chiefs falling under the AGMUT(Arunachal Pradesh-Goa-Mizoram-Union Territories) Cadre or not. This question came up before the court in a petition filed by CPIL challenging Rakesh Asthana's appointment as Delhi Police Commissioner. The matter was heard by a bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. 

At the outset, CJI DY Chandrachud noted that since the term of the appointment of Rakesh Asthana had already come to an end, the challenge to his appointment was to be disposed of.

Advocate Prashant Bhushan, appearing for CPIL, submitted–

"The High Court has held that directions in Prakash Singh & Others v. Union of India do not apply to Police Chiefs like Police Commissioners. If your lordships does not deal with that issue, it would keep coming up. Prakash Singh clearly intended to and deals with all Police Chiefs whether they are Police Commissioner or AGPs – it is just a designation. That judgement was to insulate the police from the overbearing control of the politicians. It stated that the UPSC would prepare a list of three most senior officers and the State government would only be able to select one of the three. The government seems to believe that they have a free hand in appointing police commissioners."

CJI DY Chandrachud, echoing a similar sentiment remarked–

"You know what happens by the time the matter comes to the Supreme Court, the term gets already over. Let us sort it out once and for all."

Accordingly, CJI DY Chandrachud, dictating the order, said–

"The Challenge before the High Court was for the appointment of Mr Rakesh Asthana as Commissioner of Police of Delhi. Separately, the tenure of appointment of Commissioner of Police has ended. As a result, an order of this court was passed on 16 January 2023, disposing of the petition while keeping all questions of law open."

While noting that the High Court's order stated that the observations made in the judgement of Prakash Singh had no relevance to the order, CJI DY Chandrachud stated – 

"These observations would require to be dealt with by this court since the matter would have recurring effect. We accordingly direct that the special leave petition be listed on non-miscellaneous day in April 2023."

What was held in Prakash Singh case?

In Prakash Singh & Others v. Union of India, the Supreme Court had directed that:

• DGP of the State shall be selected by the State Government from amongst the three senior-most officers of the Department who have been empanelled for promotion to that rank by UPSC on the basis of their length of service, very good record and range of experience for heading the Police Force.
• The DGP should have a minimum tenure of at least two years, irrespective of his date of superannuation.
• The candidates recommended by UPSC for the said post should have a minimum residual tenure of six months i.e. officers who have at least six months of service prior to the retirement.

However, the Delhi High Court held that the directions issued by the Supreme Court in the case of Prakash Singh & Others v. Union of India for appointment of Police Chiefs by the Union Public Service Commission were applicable only to the appointments of DGPs in States and had no application for appointment of Commissioners/Police Heads of Union Territories falling under the AGMUT(Arunachal Pradesh-Goa-Mizoram-Union Territories) Cadre.

Case Title: CPIL v. UoI And Ors. SLP(C) No. 19466/2021

Click here to read/download the order