The Supreme Court on Friday issued notices to the Jharkhand government and Acting Director General of Police (DGP), Anurag Gupta, regarding a plea challenging Gupta’s provisional appointment. The bench, comprising Chief Justice D Y Chandrachud, Justice J B Pardiwala, and Justice Manoj Misra, is addressing allegations of non-compliance with prior directives from the court concerning the appointment procedures for DGPs.
The plea, brought forth by petitioner Naresh Makani through senior advocate Madhavi Divan, argues that Gupta’s appointment as the acting DGP by the Hemant Soren-led JMM government is in direct violation of the landmark Prakash Singh judgment from 2006. This judgment, along with subsequent orders, mandates a fixed two-year tenure for DGPs and requires their selection from a list of the three most senior IPS officers of the state, prepared by the Union Public Service Commission (UPSC).
The controversy stems from a notification issued on July 25, 2024, by the Jharkhand government, appointing Gupta on an ad hoc basis and relieving the then DGP, Ajay Kumar Singh, who had been appointed from a UPSC-recommended panel. Advocate Vikas Mehta, representing the petitioner, has called for contempt proceedings against the state for what is described as a deliberate disregard for the Supreme Court’s orders.
Makani, claiming to be acting out of public interest, asserts that such appointments not only breach the established legal protocols but also undermine principles of equality and non-arbitrariness. He suggests that these decisions are politically motivated, especially given the upcoming elections in the state.
This is reportedly not the first time the Jharkhand government has engaged in irregular DGP appointments. A similar incident in 2020 led to Supreme Court interventions, directing adherence to UPSC recommendations. The petitioner also raises concerns about Gupta’s suitability for the role, citing “serious allegations of corruption and malpractices” against him, which they argue should disqualify him from holding such a significant position within the state’s police force.
