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SC to hear plea against Rakesh Asthana’s appointment as Delhi top cop on May 18
Solicitor General Tushar Mehta who appeared for the Centre told the Court that there was no urgency to advance the hearing of the case and the same could be taken up on May 18.
New Delhi: The Supreme Court will hear a plea challenging the appointment of Delhi Police Commissioner Rakesh Asthana on May 18.
This was indicated by the Court on Friday when the petitioner – Centre for Public Interest Litigation – which has challenged Asthana’s appointment mentioned the matter before a bench of justices Dhananjaya Y Chandrachud and Hima Kohli for hearing the matter on May 11.
Advocate Prashant Bhushan who appeared for CPIL informed the bench that May 18 fell in the last working week of the Court before the summer recess when fresh matters will be heard. He pointed out that since this matter would require an elaborate argument over two days, the matter should be kept in the coming week to enable the Court to complete hearing in the matter.
The bench told Bhushan that the matter has been kept for hearing on May 18 and the request could not be accommodated as the Court had already fixed heavy matters involving an inter-state river dispute matter next week on priority.
Solicitor General Tushar Mehta who appeared for the Centre told the Court that there was no urgency to advance the hearing of the case and the same could be taken up on May 18.
The hurry on the part of the petitioner stemmed from the fact that Asthana’s appointment as Delhi Police Commissioner was made on July 27 last year for a one-year period which expires on July 31. The Delhi High Court had in October last year dismissed a plea by CPIL and one Narendra Mishra challenging the same appointment order. The petitions pending before the top court are appeals filed against the HC judgment and a separate writ petition by CPIL questioning Asthana’s selection as Delhi Police Commissioner with just four days to go for his retirement as Border Security Force (BSF) Director General.
Asthana is a 1984 Gujarat-cadre IPS officer who had earlier served as Special Director in the Central Bureau of Investigation. His name was also considered for the post of CBI Director but the high powered committee headed by Prime Minister Narendra Modi and comprising Chief Justice of India (CJI) NV Ramana and Leader of Opposition in the Lok Sabha Adhir Ranjan Chowdhury blocked his name along with that of another officer citing a Supreme Court ruling which required an officer having at least six months of service on the date of consideration to be eligible for selection. The meeting took place in May last year, two months ahead of Asthana’s superannuation.
The petition by CPIL raised legal issues over Asthana’s appointment citing the same judgment by which his appointment as CBI Director had failed. Further, the petition said that the All-India Service Rules permit an extension in service beyond the age of superannuation only on ground of “undue hardship” while the order in the case of Asthana cites his appointment as a special case in “public interest”.
The Centre had filed its response to the petitions in the top court claiming that the order on minimum tenure for DGP of a state will not be applicable to Delhi as the Commissioner of Delhi Police has been similarly appointed in the past on several occasions. The Centre had also cited a “compelling need” to appoint Asthana in the face of extremely challenging situations faced by recent law and order issues in the Capital having national security implications.
