The Asian Age

SC refuses to interfere over J& K’s acting DGP

◗ Attorney general who appeared for the Centre, said the prohibitio­n to appoint an acting DGP was introduced to prevent misuse of the twoyear fixed tenure

- J. VENKATESAN

The Supreme Court on Tuesday refused to interfere at this stage with the Jammu and Kashmir government appointing Dilbagh Singh as acting director- general of police, replacing S. P. Vaid, who was posted as transport commission­er.

A bench of CJI Dipak Misra and Justices A. M. Khanwilkar and D. Y. Chandrachu­d, sought the assistance of attorneyge­neral K. K. Venugopal to decide the J& K government’s applicatio­n seeking its approval for such appointmen­t.

The state government cited “emergent circumstan­ces” and sought the top court’s approval for the “acting DGP” appointmen­t due to the court’s earlier order that there can’t be an acting DGP for any state.

Advocate Shoeb Alam, appearing for J& K, said the appointmen­t was purely an interim one to tide over a “peculiar situation” till a regular appointmen­t was made in consultati­on with the UPSC.

The Supreme Court Tuesday refused to interfere at this stage with the Jammu and Kashmir government appointing Dilbagh Singh as acting director general of police ( DGP) replacing S. P. Vaid, who was posted as transport commission­er.

A bench of Chief Justice Dipak Misra and Justices A. M. Khanwilkar and D. Y. Chandrachu­d, sought the assistance of the attorney general K. K. Venugopal, to decide the applicatio­n filed by the Jammu and Kashmir government seeking approval for such appointmen­t.

J& K government cited “emergent circumstan­ces” and filed an applicatio­n seeking Supreme Court’s approval for the appointmen­t of “acting DGP” in view of the top court’s earlier directions that there cannot be any acting DGP for any state.

Advocate Shoeb Alam, appearing for Jammu and Kashmir, told the bench that the appointmen­t of acting DGP was purely an interim measure to tide over the peculiar situation till a regular appointmen­t was made in consultati­on with UPSC. He said the process had already been initiated and the interim DGP would continue till regular appointmen­t is made.

Attorney general K. K. Venugopal, who appeared for the Centre, said the prohibitio­n to appoint an acting DGP was introduced to prevent misuse of the two- year fixed tenure given in an earlier verdict of the apex court. He said the Centre would file its response to Jammu and Kashmir’s applicatio­n.

Advocate Prashant Bhushan for the original petitioner Prakash Singh opposed such appointmen­t and argued that it would amount to contempt of court. He urged the court not to allow such appointmen­ts in view of the categorica­l ruling that a person appointed must have a minimum tenure of two years. He said he would file his response to the state’s applicatio­n.

According to the state, J& K cannot be without a head of the police organisati­on in view of the complex situation prevailing there. The state however, did not give the reason for the abrupt transfer of Mr. Vaid. In its applicatio­n seeking modificati­on of the apex court’s earlier directions of July 3, 2018 and a 2006 judgment, the state through its Chief Secretary pleaded that on September 6, “due to emergent circumstan­ces, the DGPolice of the state of J& K, shri S. P. Vaid had to be transferre­d.

The applicatio­n said “It may be pointed out that in view of the complex security concerns of the state, the peculiar ground situation prevailing therein, the upcoming panchayat and local body elections, insurgent and terror related activities, the unique law and order requiremen­ts etc, it is essential to have a head of the police force in the state of Jammu & Kashmir at all times.”

 ?? — PTI ?? Rajasthan Congress chief Sachin Pilot greets his supporters during “Sankalp rally” in Karauli on Tuesday.
— PTI Rajasthan Congress chief Sachin Pilot greets his supporters during “Sankalp rally” in Karauli on Tuesday.

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