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SC refuses to modify order on selection of police chiefs

NEW DELHI:The Supreme Court today refused to modify its directions prescribing norms for selection of directors general of police (DGPs) and a minimum two-year fixed tenure for them, saying its 2006 verdict on police reforms and subsequent orders aimed to insulate police from “political” and “executive” interference.

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Satya Prakash
Tribune News Service
New Delhi, January 16

The Supreme Court today refused to modify its directions prescribing norms for selection of directors general of police (DGPs) and a minimum two-year fixed tenure for them, saying its 2006 verdict on police reforms and subsequent orders aimed to insulate police from “political” and “executive” interference.

A Bench, headed by Chief Justice of India Ranjan Gogoi, rejected the modification applications filed by Punjab, Haryana, West Bengal, Kerala and Bihar, which wanted the top court to relax the norms prescribed under the 2006 verdict on police reforms and its July 3, 2018, order on selection of DGPs.

The states wanted to select their DGPs on the basis of their own laws, many of which, including those of Punjab, are under challenge before the top court.

The court’s refusal order came after Union Public Service Commission (UPSC) Secretary Rakesh Kumar Gupta, who appeared in person, said following the top court’s order, a panel of eligible officers in the rank of DGP or the additional DGP had been drawn up by UPSC committees in 12 states. The UPSC panels consisted of representatives of the UPSC, the Centre and the state governments concerned.

On the selection and tenure of DGPs, the top court had in 2006 said the police chief shall be selected by the state government from three senior-most police officers who have been empanelled for promotion to that rank by the UPSC on the basis of their “length of service, very good record and range of experience for heading the police force”. Once an officer has been selected for the job, he or she should have a minimum tenure of at least two years, irrespective of his date of superannuation, it had said.

The SC on December 12 allowed Punjab DGP Suresh Arora and his Haryana counterpart BS Sandhu to continue in office till January 31 next. Both DGPs were due to retire on September 30, but the governments of Punjab and Haryana had given three-month extension to their respective police chief till December 31. The SC had passed the interim order on applications filed by the two states seeking modification of the Supreme Court’s order making it mandatory for states and Union Territories to take UPSC’s assistance in shortlisting names of senior IPS officers for selection of DGPs. Punjab and Haryana have enacted their own laws for appointment of DGPs.

The SC had in 2006 issued a series of directions, including a fixed tenure of two years for police chiefs, setting up of a state security commission to insulate police force from political influence and separating law and order duty from investigation. On July 3 last year, it further directed all states and UTs not to appoint any police officer as acting DGP and issued certain other directions on police reforms to check favouritism and nepotism in appointments after it was pointed out that many states were appointing acting DGPs and then making them permanent just before their superannuation to extend them the benefit of an additional two-year tenure.


Punjab DGP gets third extension, for eight months 

Tribune News Service
Chandigarh, January 16

The appointments committee of the Punjab Cabinet has given an eight-month extension in service to state DGP Suresh Arora, whose previous four-month extension is scheduled to end on January 31.

As per the Ministry of Personnel order, Arora, a 1982-batch IPS officer, has been allowed 12 months’ extension in service beyond the date of superannuation i.e. September 30, 2018. The extension was approved on a Ministry of Home Affairs (MHA) proposal following a request by the state government.

Arora, who was appointed by the then SAD-BJP government in 2015, has already received two extensions in service — first for three months and the second for a month. The order came the day the SC rejected pleas by five states, including Punjab, seeking modification of its earlier order on the appointment of state police chief.

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