The Supreme Court asked the Delhi High Court to decide the petition challenging the appointment of IPS Rakesh Asthana as the Delhi Police Commissioner within two weeks.
Rakesh Asthana is a 1984-batch IPS officer who had shifted to the Union cadre from Gujarat and was earlier serving as the director-general of Border Security Force. Later he got appointed as the Delhi Police commissioner on July 27, four days before his superannuation on July 31.
A three-judge bench comprising Chief Justice NV Ramana and Justices DY Chandrachud and Surya Kant permitted NGO Centre for Public Interest Litigation (CPIL) by passing the order in a petition filed by them seeking to quash the appointment of Asthana as Delhi police commissioner.
On Tuesday, the High Court had adjourned a hearing on Sadre Alam’s plea against July 27 order, allowing inter-cadre deputation and extension of service of Asthana. The High Court had noted a similar plea has already been filed before the supreme court earlier.
The CJI pointed out two issues, one being the participation of itself in the issue about mentioning in the petition that they have expressed views about the selection of the officer in the CBI chief selection. Secondly, about thinking that somebody has already filed a petition in the High Court, rightly or wrongly.
In reply to which Bhushan addressed the happenings to be an unfortunate thing and highlighted the filed petition as an ambush. Ambush petitions are those petitions filed in collusion with the government to get a dismissal to prevent genuine petitioners from coming forward.
Solicitor General Tushar Mehta requested the Supreme Court for granting a period of at least four weeks for the High Court to decide the matter, as the government will have to file its response to the pending plea. The bench disagreed and orally observed that “time is of the essence of the matter” and also said that they will have the benefit of the High Court judgment too.
