‘Against SC order’: Assembly wants new top cop removed
NEW DELHI: The Delhi assembly on Thursday passed a resolution directing the Delhi government to write to the Union ministry of home affairs (MHA) seeking immediate withdrawal of the appointment of Rakesh Asthana as the Delhi Police commissioner, and initiate a fresh selection process. The resolution also refers to a legal precedent on the appointment of police chiefs, and claims Asthana’s appointment flouted that.
“This MHA order is in complete violation of the Supreme Court of India judgment dated March 13, 2019 in the case titled: Prakash Singh Vs Union of India. The judgment clearly lays down that no individual who has less than six months of service left, can be considered for appointment as head of a police force anywhere in the country. It is a widely known fact that Asthana was to retire from service on July 31 - meaning barely two days later,” read the resolution, a copy of which has been reviewed by HT.
In May, Chief Justice of India (CJI) NV Ramana alluded to the judgment when candidates, including Asthana, were being considered for the post of director of the Central Bureau of Investigation (CBI).
The Union home ministry announced the appointment of Asthana, an Indian Police Service officer from the 1984 batch as the new Delhi Police commissioner on Tuesday evening, three days before his retirement as the director general of the Border Security Force (BSF). He replaced Balaji Srivastava, who was given additional charge as commissioner on July 1.
Spokespersons from the Union home ministry and Delhi Police did not respond to requests for comment.
At least six Aam Aadmi Party (AAP) legislators, including Delhi home minister Satyendar Jain, participated in the discussion and said the aim of Asthana’s appointment was to “create a reign of terror” in the city and slap false cases against AAP legislators. The MLAS added that the move will also demoralise IPS officers from the AGMUT (Arunachal Pradesh, Goa, Mizoram and Union Territory) cadre, claiming that Asthana was “parachuted” for the Delhi top cop role despite being a Gujarat cadre officer.
The resolution marks the latest chapter in an ongoing (and longrunning) war of attrition between the Union government and the AAP government. Delhi Police reports to the Union home ministry, through the city-state’s Lieutenant Governor.
Opposing the Centre’s decision, AAP MLA from Burari, Sanjeev Jha, tabled a resolution, on the first day of the monsoon session of the Delhi assembly on Thursday. Calling Asthana “the blue-eyed boy of Prime Minister Narendra Modi”, Jha said the senior IPS officer has been sent on a “special mission to Delhi”. Jain and other AAP MLAS called Asthana’s appointment “illegal”, “arbitrary” and “unconstitutional”. The resolution was adopted after a brief discussion. It stated that the House “expresses its strong disapproval” over Asthana’s appointment for a period of one year or till further orders.
The Prakash Singh case refers to the appointment of Director Generals of Police or DGPS.
AAP MLA Bhupinder Singh Joon said, “If the Centre does not consider the post of DGP as equivalent to Commissioner of Delhi Police, then it is a demotion for Asthana as he has already served as DG, BSF and if the post of CP is equal to that of a DGP, then it is a clear violation of the SC order.”
Bharatiya Janata Party (BJP) legislators opposed the resolution saying that the AAP should rather focus on issues affecting the people of Delhi such as waterlogging and bus shortage. “The AAP government is trying to divert attention from its failure by raising such issues. Asthana’s appointment is within all the parameters of the government rules,” said leader of opposition in the Delhi Assembly, Ramvir Singh Bidhuri.
The resolution passed by the House stated that the post of commissioner of police, Delhi, belongs to the AGMUT IPS cadre. “This appointment of a controversial Gujarat cadre officer, who has faced multiple inquiries on serious charges in the past, will only bring Delhi Police into controversies. Further, it is beyond any reasonable understanding as to why a controversial officer who was removed by this central government from the post of special director CBI in October 2018 and was not considered fit for the post of CBI director only very recently, is being imposed on the Delhi Police,” it said.
“Given the past track record of this officer, there is a reasonable apprehension that the Central Government will use him for foisting false cases on political rivals to create a reign of terror in the national capital,” the resolution stated.
BJP’S Bidhuri said Asthana is a decorated officer who has worked during his different tenures with full vigour and determination.