A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar directed the states to submit their written replies within six weeks, allowing an additional four weeks for rejoinders. The UPSC was also instructed to continue preparing panels for DGP appointments and to file a status report 10 days before the next hearing, scheduled for March 2025.
New Delhi, Dec 9: The Supreme Court on Monday sought responses from six states, including Andhra Pradesh, Telangana, and Uttar Pradesh, over allegations of non-compliance with its directives on appointing Directors General of Police (DGPs).
A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar directed the states to submit their written replies within six weeks, allowing an additional four weeks for rejoinders.
The UPSC was also instructed to continue preparing panels for DGP appointments and to file a status report 10 days before the next hearing, scheduled for March 2025.
BRIEF FACTS
A plea filed by Jan Sewa Trust highlighted these alleged violations, pointing to non-adherence to the 2006 Prakash Singh judgment and subsequent directions.
The states named in the plea Andhra Pradesh, Telangana, Uttar Pradesh, Punjab, Uttarakhand, West Bengal, and Jharkhand were accused of disregarding mandates such as a two-year fixed tenure for DGPs and the selection process requiring a panel of the three most senior and eligible IPS officers prepared by the Union Public Service Commission (UPSC).
Jharkhand had previously filed its response.
Specific Allegations Against States:
- Andhra Pradesh: K Rajendranath Reddy, ranked 13th in seniority, was appointed acting DGP in February 2022.
- Telangana: Anjani Kumar, bypassing senior officers, was made acting DGP in December 2022.
- Uttar Pradesh: Multiple violations, including the appointment of Prashant Kumar (19th in seniority) as acting DGP in 2024.
- Punjab: The appointment of Gaurav Yadav as acting DGP in 2022 sidelined the regular DGP.
- Uttarakhand: Abhinav Kumar, not from the Uttarakhand cadre, was named acting DGP in November 2023.
- West Bengal: Rajeev Kumar, fourth in seniority, was appointed acting DGP in January 2024.
The plea raised concerns over the politicisation of police leadership, arguing that ad hoc appointments erode the independence of the police, undermine public trust, and jeopardise democratic governance. It also criticised legislative actions, such as Punjab’s proposed Police (Amendment) Bill, 2023, which aims to empower the state government to bypass UPSC recommendations for DGP appointments.
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Senior advocate Gopal Sankaranarayanan, representing the trust, emphasised the states’ blatant disregard for the Supreme Court’s directions. He highlighted how these violations contravened the spirit of the Prakash Singh judgment, which aimed to ensure transparency and depoliticise police appointments.
The bench emphasized the importance of strict adherence to its guidelines and scheduled further hearings to monitor compliance.
