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The Supreme Court on Wednesday issued notice to State of Jharkhand and Union Public Service Commission in a contempt petition which accused the State for flouting the Prakash Singh judgement that fixed two year tenure for Director General of Police and UPSC for its failure to form a panel for selection of a new DGP.

The matter was heard by a bench of Chief Justice of India NV Ramana, Justice AS Bopanna and Justice Hrishikesh Roy. 

Filed by Rajesh Kumar through Advocate Pranav Sachdeva (standing counsel for State of Chattisgarh), the plea stated that the Jharkhand Government headed by Hemant Soren removed the incumbent DGP KN Chaubey who was appointed on May 31, 2019. 

It was argued that as per the Supreme Court judgement in Prakash Singh case, his tenure should have been till May 31, 2021 and that the State Government aggravated the contempt by appointing Neeraj Sinha as DGP on February 11, 2021.

The plea stated that the State had requested to UPSC on July 21, 2020 to form a panel from whom DGP could be chosen but the same was declined by the UPSC saying that the state must adhere to the law laid down by the Supreme Court.

Prakash Singh, who served as DGP of UP Police and Assam Police besides other postings, filed a PIL in the Supreme Court post retirement, in 1996, seeking police reforms. In a landmark judgment, the Supreme Court in September 2006 had directed all states and Union Territories to bring in police reforms. The ruling issued a series of measures that were to be undertaken by the governments to ensure the police could do their work without worrying about any political interference.

The Supreme Court in September 2006, in a PIL filed by DGP of UP Police and Assam Police Prakash Singh had directed all the states and Union Territories to implement police reforms. 

It had issued seven main directives with regards to fixing of tenure and selection of the DGP which were to be undertaken by the governments to ensure the police could do their work without worrying about any political interference.

In order to ensure no political interference, a minimum tenure was sought for the Inspector General of Police so that they are not transferred mid-term by politicians. 

The Supreme Court further directed postings of officers being done by Police Establishment Boards (PEB) comprising police officers and senior bureaucrats to insulate powers of postings and transfers from political leaders. 

Further, there was a recommendation of setting up the State Police Complaints Authority (SPCA) to give a platform where common people aggrieved by police action could approach. Apart from this, the Court also directed separation of investigation and law and order functions to better improve policing, setting up of State Security Commissions (SSC) that would have members from civil society and forming a National Security Commission.

Case Title: Rajesh Kumar V. Sukhdev Singh & Anr.| Contempt Petition (Civil) Diary No.6721/2021