Contempt case abruptly deleted from causelist just before hearing: Supreme Court seeks explanation from registry

The Supreme Court has sought a formal explanation from its registry regarding the unceremonious deletion of a batch of contempt of court petitions concerning the deputation of 46 Indian Police Service (IPS) officers to Central Armed Police Forces (CAPFs) [Mahendra Singh Deo v. Govind Mohan].

In an order passed on Tuesday, a Bench of Justices Ujjal Bhuyan and AS Chandurkar noted that the matter had been deleted from the afternoon roster during the lunch recess, despite standing judicial orders mandating its listing at 2:00 PM.

"The Court has been informed at 2 pm that the case has been struck off from the cause list during the lunch break. Since it is a judicial order to get the case listed today at 2 pm, we direct the listing of this case tomorrow again at 2 pm, along with the other connected matters, again tomorrow, i.e. on 30.09.2026, at 02:00 PM, with a note by the Registry, as to why the matter was struck off from the cause list despite there being a judicial order," the Bench directed in its order.

Following the direction, Chief Justice of India Surya Kant constituted a special bench comprising Justices Manoj Misra and Ujjal Bhuyan to hear the contempt petitions on Wednesday, September 30.

The contempt proceedings allege wilful disobedience of the top court's May 2025 judgment in Sanjay Prakash & Ors. v. Union of India, wherein it had declared CAPFs as Organised Group 'A' Services (OGAS). The Court had also directed a progressive reduction and phasing out of IPS officers on deputation up to the Senior Administrative Grade (SAG) level within fixed timeframes to eliminate career stagnation for cadre officers.  

The contempt plea specifically targets Union Home Secretary Govind Mohan for continued IPS appointments despite these binding judicial mandates. In response to court orders demanding compliance affidavits, the Ministry of Home Affairs (MHA) revealed that 46 IPS officers up to the SAG rank were inducted into CAPFs after the May 2025 ruling.

The legal confrontation has intensified following Parliament's enactment of the Central Armed Police Force (General Administration) Act, 2026. Passed earlier this year, the statute codifies higher quotas for IPS deputations - reserving 50% of Inspector General (IG) posts, at least 67% of Additional Director General (ADG) posts, and 100% of Special DG and DG positions for IPS officers across the five primary CAPFs (BSF, CISF, CRPF, ITBP, and SSB).  

While the constitutional validity of the 2026 Act is currently under challenge before the top court in a separate petition, the special bench will take up the contempt petitions regarding past non-compliance alongside the registry's written explanation.

[Read Order]