New Delhi: The Supreme Court on Thursday questioned the validity of Jharkhand’s rules for appointing the Director General of Police (DGP), saying they appear, prima facie, to be contrary to directions issued in its earlier judgments. The court sought a response from Jharkhand DGP Tadasha Mishra after noting that any decision to strike down the rules could have a direct bearing on her appointment.
Three Judge Bench Examined Validity of Rules
The matter was heard by a three judge bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana. Solicitor General Tushar Mehta appeared for the Centre, while senior advocate Kapil Sibal represented the Jharkhand Government. At the center of the case are the Police DGP and Inspector General, Jharkhand (Head of Police Force) Selection and Appointment Rules, 2025, notified by the State Government on 8th January 2025.
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Centre Cites Prakash Singh Judgment
The Centre has challenged the rules, arguing that the process laid down by Jharkhand for selecting and appointing the police chief does not conform to the Supreme Court’s directions in the Prakash Singh case. Mehta told the court that the Centre had repeatedly informed Jharkhand that the rules were inconsistent with the Supreme Court’s earlier directions. He also argued that the court’s directions on the appointment of police chiefs apply across states and that similar rules, wherever framed, should be examined on the same basis rather than being viewed as an issue involving any particular political party or Government.
State Agreed to Reconsider Rules
The Jharkhand Government told the Supreme Court that it would reconsider the rules governing the appointment of the DGP. In view of the possible impact of the proceedings, the court gave Tadasha Mishra an opportunity to file her response as well. The court made it clear that if the challenged rules are ultimately struck down, the validity of the present DGP appointment could also come under question. The next stage of the case will depend on the responses filed by the State Government and the DGP.
