Delhi HC judgment on challenge to top cop Rakesh Asthana’s appointment today

A plea by lawyer Sadre Alam sought for quashing of the July 27 order issued by the Union home ministry appointing Rakesh Asthana as the Delhi Police commissioner, and the order granting inter-cadre deputation and extension of service to him

The Delhi high court will on Tuesday pronounce judgment on a plea challenging the appointment of Rakesh Asthana as the city police commissioner, according to the list of matters posted by the court’s registry.

On August 25, the Supreme Court asked the high court to decide within two weeks the plea pending before it against the appointment of the senior IPS officer Rakesh Asthana as Delhi Police commissioner. (PTI)

On August 25, the Supreme Court asked the high court to decide within two weeks the plea pending before it against the appointment of the senior IPS officer Delhi’s top cop, and a bench of chief justice DN Patel and justice Jyoti Singh reserved its order on September 27.

A plea by lawyer Sadre Alam sought for quashing of the July 27 order issued by the Union home ministry appointing Asthana as the Delhi Police commissioner, and the order granting inter-cadre deputation and extension of service to him.

The plea contended that a high-powered committee comprising the Chief Justice of India, Prime Minister, and the Leader of Opposition, in a meeting held on May 24, 2021, rejected the appointment of Asthana as CBI director due to procedural lapses, and that the same rules should apply in the appointment of Delhi Police commissioner.

Apart from Alam, an intervention application by the NGO Centre for Public Interest Litigation (CPIL), was also filed through advocate Prashant Bhushan, challenging the appointment. The petition was earlier filed in the apex court, which asked Bhushan to approach the high court.

Bhushan, during the proceedings, contended that Alam’s petition was a “copy-paste” of his plea.

Justifying Asthana’s appointment, the Centre told the court that most of the appropriate level of officers of AGMUT (cadre of IPS officers for Union territories) did not have the sufficient balance of experience and policing in for appointment as a top cop of the city.

Solicitor General Tushar Mehta, appearing for the Union home ministry, contended that filing Public Interest Litigation (PIL) has spawned into an industry of vested litigation. Asthana, in his affidavit, told the court that there was a sustained social media campaign against him, and the legal challenge to his appointment was an abuse of process of law arising from vendetta.