Delhi HC dismisses plea challenging Rakesh Asthana’s appointment as Delhi Police Commissioner
A bench of Chief Justice DN Patel and Justice Jyoti Singh dismissed the petition filed by lawyer Sadre Alam.
FollowThe Delhi High Court on Tuesday dismissed a petition challenging the appointment of Gujarat-cadre Indian Police Services (IPS)officer Rakesh Asthana as Delhi Police Commissioner.
A bench of Chief Justice DN Patel and Justice Jyoti Singh dismissed the petition filed by lawyer Sadre Alam.
The High Court bench, which had reserved the judgment on September 27, pronounced the verdict today stating that the petition has been dismissed.
Advocate BS Bagga had appeared for the petitioner, Sadre Alam whereas Advocate Prashant Bhushan appeared for an intervenor, NGO Centrefor PIL (CPIL) in the matter, Bar and Bench reported.
The petitioner had sought quashing of the July 27 orderissued by the Ministry of Home Affairs appointing Asthana as the Delhi Police Commissioner and also the order granting inter-cadre deputation and extensionof service to him.
Earlier, the court had also allowed an intervention application by the Centre for Public Interest Litigation in the case. The PIL had accused Alam of copying contents of its petition pending before the apex court against Asthana’s appointment.
The Centre opposing the petition had argued that the Prakash Singh judgement of the Supreme Court does not apply to Delhi.
Arguing the plea, the Centre had said the PIL is an “abuse of process of law and manifestly an outcome of some personal vendetta” while submitting that a PIL in service matter is not maintainable.
The Centre in an affidavit defending Rakesh Asthana's appointment, said that it felt a “compelling need” to “appoint a person as the head of the police force of Delhi, who had diverse and vast experience of heading a large police force in a large State having diverse political as well as public order problem/experience of working and supervising Central Investigating Agency(s) as well as paramilitary forces”.
