J&K govt seeks modification of SC order on DGP appointment

The Jammu and Kashmir government today sought modification in the Supreme Court order which makes it mandatory for all states to send the list of three senior most IPS officers to the UPSC for clearance before appointing the DGP.

The state government had yesterday appointed In-Charge Director General of Police (DGP) without following the procedure in view of "complex security concerns".

A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud considered the submission of the state government that in view of the upcoming panchayat polls and security situations incumbent DGP S P Vaid has been replaced by in-charge DGP Dilbagh Singh.

Lawyer Shoeb Alam, representing the state, said the government was seeking modification of the July 3 order by which a state government was required to send the names of three senior IPS officer well in advance to the Union Public Service Commission (UPSC) for clearance before appointing an officer to the post of DGP.

The bench agreed to hear the plea of the state government on September 10.

The apex court had earlier passed a slew of directions on police reforms in the country and had restrained all states and union territories from appointing any police officer as acting DGPs to avoid favouritism and nepotism.

It had said that all states were required to send their proposals in anticipation of the vacancies to the UPSC well in time, at least three months prior to the date of retirement of the incumbent on the post of DGP.

The UPSC will then prepare a panel as per the earlier directions of the court and intimate to the states about the selected IPS officers, it had said.

The state, in turn, will immediately appoint one of the persons as DGP, it had said.

The state government, in its plea, said: "It may be pointed out that in view of the complex security concerns of the state, the peculiar ground situation prevailing therein, the upcoming panchayat and local body elections, insurgent and terror related activities, the unique law and order requirements, it is essential to have a head of the police force in the State of Jammu and Kashmir at all times.

"As such, as a purely ad-interim measure, the State Government has been constrained to appoint the Director General, Prisons of State of Jammu and Kashmir, Dilbagh Singh... as the In-Charge Director General of Police 'till a regular arrangement is made.'"