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A Supreme Court bench of Justices DY Chandrachud and A.S. Bopanna today issued notice in the writ petition challenging the appointment of Rakesh Asthana as the commissioner of Delhi police. The top court also issued notice in the Special Leave Petition challenging the order of the Delhi High Court upholding his appointment.
When the matter came up for hearing Prashant Bhushan, advocate, appearing for the petitioner NGO submitted that he has also filed an SLP challenging the order of the Delhi High Court. The court issued notice in the matter and asked the Union and Asthana to file a reply within 2 weeks.
On the last date of hearing Solicitor General Tushar Mehta appearing for the union of India submitted that the writ petition cannot be heard as the Delhi High Court has already passed a judgment upholding Asthana's appointment and that a Special Leave Petition (SLP) against the order of the Delhi High Court would lie before the Supreme Court.
Adv. Prashant Bhushan appearing for the petitioner, however, sought the Court to issue notice in the matter as the petition had been filed before the Supreme Court prior to Delhi High Court deciding the issue.
Bhushan submitted that the Supreme Court had requested the Delhi High Court on August 25 to dispose the petition in a time bound manner, as a result of which the Delhi High Court had passed its judgment on October 12. He further submitted that the petitioners in Delhi High Court had copied his petition verbatim and this forced him to intervene in the petition there.
The bench at this point questioned Bhushan if he was also going to move an SLP challenging the judgment of the Delhi High Court.
Bhushan submitted that he will file the SLP by Monday and that the Court can list the matter subsequently.
Senior Advocate Mukul Rohatgi appearing for the petitioners contended that the writ petition was not maintainable as Delhi High Court has decided the issue.
Cause Title: Centre for Public Interest Litigation Vs Union of India
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