DGP Appointment

DGP Appointment

Context: Lawyer Manohar Lal Sharma has moved the Supreme Court seeking contempt action against the Prime Minister, the Union Home Minister and the Ministry of Home Affairs for the appointment of Rakesh Asthana as Delhi Police Commissioner.

Concept:

• It had directed the State governments to send to the Union Public Service Commission the names of the probables three months before the incumbent Director General of Police were to retire.
• The Supreme Court, in March 2019, had further clarified that only officers with a minimum residual tenure of six months should be considered for DGP postings.

DGP Appointment

• Earlier In July 2018, the Supreme Court had refrained State governments from appointing DGPs without first consulting the Union Public Service Commission (UPSC).
• The State governments concerned have to send UPSC the names of the probables three months before the incumbent DGPs are to retire.
• The UPSC will prepare a panel of three officers fit to be DGP and send it back.
• The UPSC shall, as far as practicable, choose the people within the zone of consideration who have got a clear two years of service and must give due weightage to merit and seniority.
• The State, in turn, shall “immediately” appoint one of the persons shortlisted by the UPSC.
• On the practice of States appointing “Acting DGPs”, the court rejected the idea of acting or temporary DGPs, i.e. States shall appoint a person as permanent DGP.
• The court also ruled that any rule or state law on the subject of appointment of police officers will be kept in suspension. However, the States, which have made laws on police appointments, can move to court seeking modifications of its order.

Contempt of Courts

• According to the Contempt of Courts Act, 1971, contempt of court can either be civil contempt or criminal contempt.
• Civil contempt means wilful disobedience of any judgment, decree, direction, order, writ or other process of a court, or wilful breach of an undertaking given to a court.
• Criminal contempt, on the other hand, is attracted by the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which:

1. scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or
2. Prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or
3. Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.

• In 2006, the government brought in an amendment, which now provides “truth” as defence provided it is bona fide and in public interest.
• A-G’s consent to initiate contempt of court proceedings: In the case of a criminal contempt the court may take action on its own motion or on a motion made by (a) the Advocate-General, or (b) any other person, with the consent in writing of the Attorney-General of India.