New Delhi: The Supreme Court of India on Tuesday disposed of a petition challenging the 2021 appointment of Rakesh Asthana (a 1984 batch retired IPS officer of Gujarat cadre) as the Delhi Police Commissioner, deeming the case infructuous following his retirement in 2022.
A bench comprising Justices Surya Kant and N Kotiswar Singh acknowledged the issue but left open the broader legal question of whether the Prakash Singh guidelines on police appointments apply to the selection of Delhi’s police chief. The petition, filed by the Centre for Public Interest Litigation (CPIL), had raised concerns that Asthana’s appointment violated the Supreme Court’s six-month residual service rule for police chiefs. Asthana, a 1984 batch Gujarat-cadre IPS officer, was transferred to Delhi just four days before his retirement to take over the post.
In its judgment, the Delhi High Court had upheld Asthana’s appointment in October 2021, ruling that the Prakash Singh guidelines apply only to state police chiefs and not to the Delhi Police Commissioner.
During the hearing, CPIL’s counsel, Prashant Bhushan, expressed concerns over executive overreach in police appointments, alleging that politically endorsed candidates were being placed in key positions, bypassing established procedures. On the other hand, Solicitor General Tushar Mehta, representing the Union government, defended Asthana’s appointment, stating that it was made in the public interest and within legal parameters.
Although the Supreme Court refrained from ruling on whether the Prakash Singh guidelines apply to the appointment of the Delhi Police Commissioner, the bench indicated that it may take judicial notice of the issue in future cases if irregularities arise. The court disposed of the matter without setting a precedent on the issue.
