SC rejects West Bengal government’s plea alleging that UPSC has no jurisdiction or expertise in appointing DGP

The Supreme Court today dismissed the claim filed by the state of West Bengal, alleging that the Union Civil Service Commission (UPSC) has neither the jurisdiction nor the expertise to review and appoint the director General of the Police (DGP) of a state as it is the same thing not in accordance with the Indian federal system of governance.

A three-judge bench consisting of Justices L. Nageswara Rao, BR Gavai and BV Nagarathna said such requests constitute an abuse of the law and asked the state why such requests are being made. However, the court authorized the implementation of the state of West Bengal in a case aimed at the implementation of the Prakash Singh decision on police reforms.

Arguments raised

During today’s hearing, Senior Counsel Sidharth Luthra informed the Court that the present claim was filed in the motion filed by Senior Counsel Harish Salve (Amicus Curiae) in 2018, challenging the validity constitutional laws passed by states to circumvent Supreme Court instructions. in the 1996 Prakash Singh case on police reforms.

This is an abuse of process, according to the Apex Court

Judge Nageswara Rao said these requests had already been rejected, stating: “An abuse of legal process, you cannot do that. “

“You have to step back and argue when the case is heard,” the court said. Luthra replied, “I must be blamed.”

“We clear your implementation and dismiss AI for instruction, why are you wasting so much time in these apps?” Our pain is that there are petitions that shouldn’t be tabled and what will happen when states start to do so? Said the Bench.

The court allowed the request for implementation, but dismissed the IA for directions and set the case for hearing in October 2021.

The AI ​​for directions was moved to the Apex tribunal after the Mamata Banerjee government appointed a 1986 batch IPS officer as the acting DGP of the state, amid the fight between the state and UPSC for the selection of a new top policeman.

The Prakash Singh judgment concerns the selection, the minimum duration of the DGP

Delivered in September 2006, the judgment of Prakash Singh issued specific guidelines regarding the selection and minimum term of the DGP of states. According to the decision, the state’s DGP will be chosen by the state, from among the three most senior officials in the department recruited to be promoted to that rank by the UPSC.

Salve, in his petition, claimed that state laws (to overcome Prakash Singh’s directives) have diluted the directives issued on the matter. As a result of this request, the tribunal amended its instructions in the Prakash Singh ruling, saying states would send in their proposals in anticipation of vacancies at UPSC at least three months before the recruitment date.

However, according to West Bengal, those instructions were to remain in effect until it decides on Salve’s petition. The state had asked the Supreme Court to take up the case, which was last heard in early January 2019.

Thelma J. Longworth

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