Thread by @barandbench

Supreme Court hears the Prakash Singh case concerning DGP appointments

Sr Adv Raju Ramachandran as the Amicus Curiae: There are 9 applications today and an amicus application on how should the court manage it. Should each such case come to the SC, I have suggested individual cases can be monitored by the High Courts

Ramachandran: A Tamil Nadu officer has filed an application... He has been exonerated .. seeks appointment. There is another application by Prakash Singh himself who has proposed that CM, leader of opposition and the Chief justice of the High court should select instead of the role of UPSC. As an amicus i support it.

Adv Prashant Bhushan for Singh: The appointment should be same for the appoinment of Director CBI.

Sr Adv Gopal Sankarnarayanan: even in Anoop Baranwal it was dealt by...idea is to insulate the police from executive interference

Sr Adv Gopal S: There cannot be acting DGPs and it was frowned upon.

Senior Adv Anjana Prakash Jharkhand DGP contempt matter: Acting DGP was appointed..all states are doing it. Up did it now. All of them want to bypass it

CJI: We can only excercise our extraordinary powers only till the legislature enacts a law..so what will prevail.. our directions or the law passed

Prakash Singh: The main PIL has gone into deepfreeze without monitoring..all these cases are coming up because monitoring is stopped.

CJI: do we possess the expertise to monitor anything here ?

Ramachandran : yes the suggestion is HC special benches may assemble once in three months and see the judgment is given effect to.

CJI: we will hear it after the constitution bench case.

CJI: we are not inclined to entertain the contempt plea. Amicus says the pending writ plea before the Jharkhand HC will be withdrawn and filed here.

CJI: In jharkhand case, we don't want contempt jurisdiction to be used to settle political scores. If you have a problem with particular appointment go to CAT. But settle your political scores in front of the electorate. The pil jurisdiction is for people who are from socioeconomic disadvantaged position.

CJI: the present contempt plea is basically filed to disobey the orders of this court against the Chief Secretary of the state. Rules framed by the state government are there to protect Mr Anurag Gupta. Its also a grievance that one Mr Ajaykumar Shri was removed from post of head of police. The contempt is promoted by dispute between the two police officers here. If a person is aggrieved by any action of the state regarding illegal removal of service or denial of legitimate claim such an officer can take remedy as under law. PIL is a mechanism to dilute the issue of locus to allow public spirited persons to approach this court. The jurisdiction cannot be permitted to settle the scores between competing interests. Thus, the plea is not entertained.

SG: whether jharkhand or Rajasthan there is nothing not to trust the chief minister. He is the one elected by the people.

Sibal: why should UPSC be involved at all.

CJI: if there is a disagreement between CM and DGP should the entire state come to a standstill. Anyways we will hear. No individual applications shall be entertained.