The Supreme Court of India has declined to entertain a contempt plea lodged against the governments of Punjab and Uttar Pradesh (UP) concerning the appointment of acting Directors General of Police (DGPs) in the respective states. The bench, consisting of Chief Justice DY Chandrachud, and justices JB Pardiwala and Manoj Misra, suggested that instead of filing a contempt plea, a fresh petition should have been submitted challenging the appointments.
The petitioner, lawyer Brajesh Singh, had alleged that both Punjab and UP had appointed acting DGPs in violation of the apex court’s previous directives. These appointments, he argued, flouted the Supreme Court’s ruling in the landmark 2006 Prakash Singh case. Singh pointed out that in Punjab, the current DGP has been serving in an acting capacity for over a year, and in UP, there have been three acting DGPs appointed within a year, indicating a disregard for the court’s judgement.
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The 2006 Prakash Singh case verdict had emphasised that a regular DGP of a state must be chosen by the state government from among the three most senior officers of the department who have been empanelled for promotion to that rank by the Union Public Service Commission (UPSC). The selection criteria include a record of excellent service, extensive experience, and an exceptional performance history in leading the police force.
Furthermore, the court had stipulated that once appointed, a DGP should hold the position for a minimum tenure of two years, irrespective of their superannuation date. However, there are provisions for the state government, in consultation with the State Security Commission, to relieve the DGP of their duties if certain conditions are met, such as disciplinary actions, convictions in criminal cases, corruption charges, or incapacitation.
The Supreme Court bench advised Singh to file a fresh petition rather than a contempt plea, highlighting his non-participation in the original case’s proceedings. The petitioner had also included the UPSC chairperson as a party to the plea.
Gaurav Yadav and Vijay Kumar currently serve as the acting DGPs of Punjab and UP, respectively. This case highlights the ongoing importance of adhering to court decisions and the intricacies of legal proceedings in matters related to high-ranking government appointments.
