The Supreme Court on Tuesday disposed of a plea challenging the 2021 appointment of Rakesh Asthana as Delhi Police Commissioner, deeming it infructuous following his retirement in 2022.
However, a bench of Justices Surya Kant and N Kotiswar Singh 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 Centre for Public Interest Litigation (CPIL) had argued that Asthana’s appointment violated the Supreme Court’s six-month residual service rule for police chiefs. It pointed out that Asthana, a Gujarat-cadre 1984 batch IPS officer, was transferred to Delhi just four days before retirement to assume the post.
The Delhi High Court had upheld Asthana’s appointment in October 2021, ruling that the Prakash Singh guidelines were applicable only to state DGPs, not the Delhi Police Commissioner.
During Tuesday’s hearing, CPIL’s counsel Prashant Bhushan raised concerns about executive overreach in police appointments, arguing that politically endorsed candidates were being placed in key positions, bypassing standard procedures.
Solicitor General Tushar Mehta, appearing for the Union government, maintained that Asthana’s appointment was made in the public interest and within legal bounds.
While the Supreme Court refrained from ruling on the applicability of Prakash Singh guidelines to Delhi, it noted that it may take judicial notice in future cases if irregularities arise. The matter was disposed of without setting any precedent.
