A plea filed in the High Court which challenged the appointment of Rakesh Asthana, has been stuck down by the court. On a plea by lawyer Sadre Alam, a bench comprising Chief Justice DN Patel and Justice Jyoti Singh issued the decision.
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Mehta argued that there is no State cadre in Delhi and that the Parkash Singh decision only relates to the appointment of state police heads. He also claimed that the government had investigated all of the officers and determined that “it would not be in the interests of justice to entrust such a delicate post as the CP of the capital to any of them.”
In a written response to the petition, the Centre further stated that Asthana was appointed to offer “effective policing” in light of recent law and order incidents in the national capital. Working and commanding police force of a big state, paramilitary force, and the central investigating agency with various political and law and order concerns is required experience. was found lacking in the current pool of available officers, it said in the reply because the AGMUT cadre consists of Union Territory and small North-eastern states.
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The Centre for Public Interest Litigation, represented by Advocate Prashant Bhushan, claimed in court that the Prakash Singh decision applies to the case and that such a finding that no other officer was deemed competent could only have come from the Union Public Service Commission.
“Just consider the disastrous impact on the officers of the cadre of being informed by the Indian state that “none of you in your cadre are fit to be Commissioner of Police,” that “no officer is fit to be appointed,” and that they must bring in an officer from Gujarat.” Bhushan had argued. Last month, Asthana justified his appointment. His attorney, Senior Advocate Mukul Rohtagi, contended that Alam’s PIL is “not a real PIL” and is “a proxy for someone” who does not feel willing to come out.
