Form of words:
New Delhi: The Center has told the Delhi High Court that the appointment of Gujarat cadre IPC officer Rakesh Asthana as Delhi Police Commissioner was made keeping in mind the various law and order challenges being faced by the national capital, which have national security implications. As well as international/cross-border effects.
Defending Asthana’s appointment, the Center said in an affidavit that it felt a “compelling need” to appoint a person as the head of Delhi’s police force, who has the authority to head a large police force in a larger state. Had a varied and vast experience. Experience of handling diverse political as well as public order problem/s and supervising Central Investigation Agency(s) as well as para-military forces.
The main idea for the same was that Delhi being the capital of the country is facing diverse and extremely challenging situations of public order/law and order situation/police issues, which not only had national security implications, but also international/ There was also cross-border influence. Affidavit filed by the Secretary, Union Home Ministry.
In the affidavit filed through advocate Amit Mahajan, the Center said that no fault can be found in the appointment of Asthana as the Delhi Police Commissioner, which has been done after faithfully adhering to all applicable rules and regulations.
The affidavit was filed in response to a PIL seeking quashing of the July 27 order by the Home Ministry appointing Asthana as the Delhi Police Commissioner and also his inter-cadre deputation and extension. was ordered to be given. Before his retirement on 31 July.
The Center has argued that the petition is an abuse of the process of law and clearly results in some personal vendetta, while submitting that a PIL in the service matter is not maintainable.
It said the PIL, as well as the intervention of NGO Center for Public Interest Litigation (CPIL), which has challenged Asthana’s appointment before the Supreme Court, deserves to be dismissed with exemplary costs.
The petitioner and the intervenor are merely engaged bodies. Both the petitioner and particularly the intervenor, who claims to support a public cause, never considered challenging the appointment of the eight (8) former Police Commissioners, although they were appointed in the same manner. As done in the case of respondent no. 2 (Astana). )
“Such selective exposition of ‘public interest’ only tells a lot about the motive behind the filing of this petition/intervention application/writ petition in the Supreme Court by the petitioner/interventionist in the case of respondent no. .
The petition argued that Asthana’s appointment is a clear and clear violation of the directions passed by the Supreme Court in the Prakash Singh case as the officer does not have a minimum tenure of six months and no UPSC panel was formed for his appointment. Delhi Police Commissioner.
It also argued that the high-powered committee consisting of the Chief Justice of India, the Prime Minister and the Leader of the Opposition in its meeting held on May 24, 2021, rejected the Central government’s attempt to appoint Asthana as CBI Director. The six-month rule set by the Supreme Court in the Prakash Singh case.
It said that the appointment of Asthana to the post of Delhi Police Commissioner should be annulled on the same principle.
The petition, along with a similar prayer filed by CPIL before the Supreme Court, has sought a direction to the central government to issue an order dated July 27, allowing Asthana’s inter-cadre deputation from Gujarat cadre to AGMUT cadre. Has been.
The plea also urged the apex court to set aside the Centre’s order to extend Asthana’s service period.
On August 25, the Supreme Court had asked the High Court to decide within two weeks the petition pending before it against the appointment of the senior IPS officer as the Delhi Police Commissioner.
The matter was listed for hearing on Thursday but the concerned bench was not available and will now come up for hearing on September 20.
Read also: SC asks HC to decide on plea against appointment of Rakesh Asthana as Delhi Police chief
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