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The petition before the top court has called for contempt proceedings against the state of Jharkhand for willfully and deliberately disobeying orders passed by the court
A contempt petition has been filed before the Supreme Court of India against the State of Jharkhand for deliberate non-compliance with the slew of directions passed by the court in the Prakash Singh Badal case concerning the appointment of the Director General of Police (DGP) in the state.
Filed by the Akhil Bharatiya Adimjanjati Bikas Samitee, Jharkhand, the plea states that the state government has created the post of acting DGP, granted itself the authority to remove the DGP at any time in the name of public interest, and formed its committee to shortlist candidates. It further contends that all these actions violate the Top Court's order in the Prakash Singh case, which pertains to police reforms and the appointment of the Director General of Police.
"Initiate contempt proceedings against the alleged contemnor/Respondent and the alleged contemnor / Respondent for wilfully and deliberately disobeying the judgments/orders, dated 22.09.2006, 03.07.2018 and 13.03.2019, passed by this Hon'ble Court in W.P.(C) No. 310 of 1996," the petition prays.
According to the plea, Ajay Kumar Singh was appointed as the DGP of Jharkhand per the guidelines laid down by the Apex Court. However, the Jharkhand government removed Singh from his post before the mandated tenure of two years and appointed Anurag Gupta as the deputy DGP.
The plea further states that, following the announcement of elections to the Vidhan Sabha in Jharkhand, Gupta was removed from the post of DGP by the Election Commission of India due to his history of involvement in electoral malpractices. Subsequently, the ECI appointed Ajay Kumar Singh as the DGP, under whose tenure the elections were conducted. After the conclusion of the Vidhan Sabha elections, Anurag Gupta was once again appointed as the acting DGP of Jharkhand.
The plea asserts that the appointment of Anurag Gupta as acting DGP is in direct conflict with the orders of the court. Referring to the Supreme Court’s judgment in the Prakash Singh case, the plea emphasises that the DGP must be selected from a panel of the three senior-most officers empanelled by the UPSC, with a mandatory minimum tenure of two years.
Moreover, the petition highlights that, during a cabinet meeting chaired by the Chief Minister on January 7, 2025, the Jharkhand government approved the new Selection and Appointment Rules, 2024, for the DGP. These rules, according to the plea, contravene the Supreme Court's guidelines, undermining not only the judicial process but also the fundamental principles of institutional independence and good governance.
It has been thus argued that the new rules give power to a state-controlled selection committee which eliminates UPSC's empanelment role.
"The State Government has wilfully and deliberately eliminated the requirement for empanelment by the Union Public Service Commission (UPSC), a cornerstone of transparency and merit-based appointments, and replaced it with a state-controlled selection committee. As per the new rules, the selection committee comprises a retired High Court judge (Chairperson), the Chief Secretary of the State, a UPSC nominee, the Chairman or a nominee from the Jharkhand Public Service Commission (JPSC), the Additional/Principal Secretary or Secretary of the Home Department(Member Secretary), and a retired DGP from the State. While appearing to ensure diversity, this framework undermines the impartiality and integrity ensured by an independent UPSC-led empanelment process," the plea states.
The plea also contends that new rules fail to adhere to the two-year minimum tenure requirement mandated by this Hon’ble Court to ensure stability and freedom from political interference.
Case Title: Akhil Bharatiya Adimjanjati Bikas Samitee v State of Jharkhand
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