"An abuse of process of law:" Supreme Court dismisses West Bengal application for permission to appoint DGP without UPSC involvement

The Supreme Court today rejected an application filed by the West Bengal government seeking permission to appoint its Director General of Police (DGP) in accordance with the existing procedure followed by the State government without involving the UPSC in the selection process (Amicus Curiae v. Union of India)..Pointing out that a similar application filed by the Punjab government was dismissed in 2019, the Bench of Justices L Nageswara Rao, BR Gavai and BV Nagarathna said,"This is an abuse of process of law. You cannot do this.".In its 2006 judgment in Prakash Singh v. Union of India, the Supreme Court Court had issued specific directions pertaining to the selection and minimum tenure of DGPs of states. The Court had directed that the DGP shall be selected by the state government from amongst the three senior most officers who have been empanelled for promotion to that rank by the Union Public Service Commission (UPSC)..In its intervention application, the West Bengal government had sought permission to appoint the DGP as per its existing procedure, without involving the UPSC in the selection process."A combined reading of section 3 & section 4 of Police Act persuades to think that State Govt. alone has the prerogative to appoint the said Inspector General of Police of section 4 of Police Act," reads the application..While allowing the impleadment application filed by the State government, the Court asked,"Why are you wasting so much time in these applications? Our pain is there are petitions which should not be filed and what will happen when states start doing this?".Appearing for Prakash Singh, Advocate Prashant Bhushan pointed out that the Court was looking at the implementation of a 15-year-old judgment and that most states have till date failed to implement many of the directions on police reforms..The Court eventually said that it would list the main matter in October..Senior Advocate Sidharth Luthra appeared for the West Bengal government..After the Prakash Singh judgment was passed, several States passed legislation/executive actions which did not provide for selection of DGPs from the panel as prepared by the UPSC. Such States felt that the said direction would restrict and interfere with the ability of the State to appoint a candidate as DGP..In 2018, the Supreme Court had reiterated the requirement of the UPSC's involvement in the selection procedure for DGPs. It held that any legislation/rule framed by any of the states or the Central government running counter to the direction shall remain in abeyance. However, it granted states the liberty to approach the apex court for modification of the said order in case the states had any grievance against the same..In January 2019, the dismissed an application filed by State of Punjab seeking, stating that the directions issued in its 2018 order as well as in the Prakash Singh judgment require no modification.