SC seeks response of Jharkhand govt, acting DGP on plea challenging his appointment

New Delhi, Sep 6 (PTI) The Supreme Court on Friday sought a response of acting Director General of Police Anurag Gupta on a plea challenging his “ad hoc” appointment by the Hemant Soren-led JMM government in Jharkhand.

A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra also issued a notice to the Jharkhand government through state Chief Secretary L Khiangte on a contempt plea which alleged non-compliance of a 2006 verdict of the apex court and subsequent directions mandating several aspects, including fixed tenure of two years for DGPs and their selection from a list of three senior most IPS officers of the state prepared by the UPSC.

Senior advocate Madhavi Divan, appearing for petitioner Naresh Makani submitted that the appointment of 1990 batch IPS officer Anurag Gupta is in violation of Prakash Singh judgment of 2006 and subsequent directions of the apex court.

CJI Chandrachud said it is issuing notice to the Jharkhand government (respondent no. 1) and Gupta (respondent no. 2) in the plea.

The petition filed by advocate Vikas Mehta sought initiation of contempt proceedings for wilfully and deliberately disobeying the orders passed by the court relating to the procedure for appointment of DGP in the state.

“The respondent no. 1 while wilfully and deliberately disobeying the orders of this court has issued a notification dated July 25, 2024 appointing the respondent no. 2 to the post of acting DGP, Jharkhand on ad hoc basis which is in contempt of judgement/orders dated September 22, 2006, July 3, 2018 and March 13, 2019 passed by this court in the Prakash Singh versus Union of India…,” the plea said.

It added that the Jharkhand government’s actions not only violate the legal framework set forth by this court but also undermine the principles of equality and non-arbitrariness.

By the said notification, the then DGP (Ajay Kumar Singh), who was appointed out of the panel recommended by the UPSC, has been relieved from his duties, it said.

Petitioner Makani, who claimed to be a public spirited individual and resident of Jharkhand, contended that the said notification appears to be motivated by “political interest” and is likely to have significant and long-lasting consequences.

The petitioner pointed out to the court that this is not the first instance of the Jharkhand government engaging in irregular appointments to the post of DGP. By a notification dated March 16, 2020, it had unceremoniously relieved and transferred the then DGO K N Choubey to the position of OSD (Modernisation) Camp, New Delhi until further orders.

“Concurrently, the state government, through the same notification, assigned the additional charge of DGP Jharkhand to M V Rao on acting basis, who was then holding the post of DGP Home Guards and Fire Services,” the petition pointed out and added that the issue came up before the apex court which on December 16, 2022 and in subsequent orders directed the state to adhere to recommendation made by UPSC in the appointment of DGP.

The petition further said the impugned notification of July 25, 2024 appointing Gupta as DGP on ad hoc basis does not give any reasons and “it appears to have been done for political considerations in view of the impending elections in the state”.

Makani said in the appointment of Gupta as acting DGP, the prescribed procedure was disregarded by the Jharkhand government when issuing the said notification. This deviation from established protocol undermines the integrity of the appointment process to the highest post in the police force.

“That respondent no. 1’s decision to appoint respondent no. 2 is further compromised by the serious allegations of corruption and malpractices against him. Such an appointment is not only arbitrary but also a direct violation of the guidelines and directions issued by this court,” it said, adding that the numerous complaints and disciplinary actions against Gupta should have precluded his consideration for such a critical position.