By Our Correspondent
NEW DELHI:Supreme Court said on Thursday that Jharkhand rule permitting appointment of DGP despite less than six months’ residual service prima facie appears to be “directly in conflict” with the law laid down in Prakash Singh.
Apex Court issues notice to incumbent DGP Tadasha Mishra, noting that striking down the rule could have consequences for her appointment.
SC gives Jharkhand a week to revisit the rule or defend it, and asks amicus to examine DGP appointment laws in other States as well.
Justice Joymalya Bagchi: Our concern is not who is in power at the Centre or State. Our bounden duty is to ensure that the law declared by this Court is not diluted.
SC said Jharkhand could point out similar laws in other States and asked the amicus to assist on the source and legality of the Jharkhand rules, their conformity with Prakash Singh, and whether other States have enacted laws in derogation of the judgment.
The amicus suggested that the hearing today be confined to Jharkhand’s “unique” provision concerning DGP appointment, with common issues involving other States considered more broadly later
CJI Surya Kant: The deficiency of one can be brought to our attention by the other.The Union of India indicates to us the alleged deficiency in the law framed by the State of Jharkhand. The State of Jharkhand, in its defence, can always point out similar laws suffering from similar afflictions in other States.
