“ Mindless copy paste of CPIL’ writ Petition”, CPIL files intervention Application in plea against appointment of Rakesh Asthana as Commissioner of Police

An intervention application has been filed by Centre For Public Interest Litigation (CPIL) in the plea filed by Advocate Sadre Alam challenging the appointment of Rakesh Asthana as Commissioner of Police Delhi.

The application filed through Advocate Prashant Bhushan has submitted that the petition of Alam is an abuse of the process of law and has been filed with oblique motives.

It has been submitted that the petition not motivated by public interest and is, in fact, an attempt to scuttle and derail the writ petition titled Centre for Public Interest Litigation v Union of India & Anr. filed on August 6, 2021 by CPIL which is presently pending before the Supreme Court

It has been alleged that the petition filed by the Petitioner is a mindless “copy-paste” of the CPIL’s writ petition. Further “the entire writ petition, including the synopsis, list of dates, body of the writ, Grounds and the Prayers, is word-to-word identical to the CPIL’s writ petition. The Petitioner herein was in such a desperate hurry to file and get this writ petition heard by this Hon’ble Court before the CPIL’s writ petition could be taken up for hearing by the Hon’ble Supreme Court that the Petitioner totally failed to apply his mind at all while “copy-pasting” the CPIL’s writ petition. “

CPIL has further pointed out that “In fact, a critical inadvertent error made by the Applicant herein in the prayer clause of its non-defect cured version of the writ petition has also been copied by the Petitioner- Sadre Alam, exposing the Petitioner’s incompetence.”

It has been submitted that the Petitioner- Sadre Alam has violated the object, the spirit and the letter of the Delhi High Court Public Interest Litigation Rules, 2010, which makes it mandatory for the Petitioner to truthfully disclose his motives, source of information, and his credentials.

 The Applicant CPIL has therefore, prayed that the  writ petition be dismissed in limine with heavy costs on the ground of lack of bona fides of the Petitioner and for approaching the Court with unclean hands.

The applicant has submitted that  this is a fit case where a reference should be made by this  Court to the State Bar Council against the Petitioner (who is also an Advocate) and his Advocate Mr. B.S. Bagga for gross professional misconduct and abusing their position as Advocates and for attempting to mislead this Hon’ble Court.

The Division bench of Chief Justice DN Patel and Justice Jyoti Singh will hear the the intervention application tomorrow.

The Supreme Court had on August 28 while hearing the plea filed by CPIL had directed the Delhi High Court to decide the plea challenging the appointment of IPS officer Rakesh Asthana, as Commissioner of Police, Delhi within 2 weeks.

 

Case Title: Sadre Alam vs UOI and ors/ Centre For Public Interest Litigation