Punjab to seek review of SC order on DGP appointments

Punjab government today said it has decided to seek a review of the Supreme Court order of July 3, directing states to choose and appoint their Director General of Police (DGP) from a panel to be constituted by the UPSC based on the concerned state government's proposals.

The top court's direction came on an application filed by the Centre in which it claimed that certain states have been appointing acting DGPs and then making them permanent just before the date of their superannuation to enable them get the benefit of an additional two-year tenure till the age of 62 years.

The Punjab government feels the implementation of the said directions of the apex court would lead to "political interference" in state matters.

Chief Minister Amarinder Singh has accepted the opinion of the state Advocate General Atul Nanda that the directions amounted to "infringement by the Centre" of the state's powers, since Law and Order was a state subject as per the provisions of the Indian Constitution.

According to an official spokesperson, a decision has been taken under the aegis of the chief minister to file an application in the apex court for modifications of its directions in its order dated July 3, after amending the Punjab Police Act 2007 to enable the constitution of a state police commission for appointment of DGP.

The suggested procedure would be in line with the recommendations of the SC in Prakash Singh & Ors v. Union of India & Ors., (2006) 8 SCC 1 (Prakash Singh's case), the spokesman said.

In Prakash Singh's case, the court had issued directions concerning police reforms in the various States.

This included a direction to select the DGP of the state "from amongst the three senior-most officers of the Department who have been empanelled for promotion to that rank by the Union Public Service Commission (UPSC) on the basis of their length of service, very good record and range of experience for heading the police force."
It said the UPSC shall then prepare a panel as per the earlier directions of the court and intimate it to the states, which in turn shall immediately appoint one of the persons from that list
The apex court has further directed "that any legislation/rule framed by any of the States or the central government running counter to the direction shall remain in abeyance to the aforesaid extent."
He further notes that the State of Punjab had enacted the Punjab Police Act, 2007 on February 5, 2008, and Section 6 of the Act dealt with the selection and term of office of the DGP "but does not provide for selection of DGPs from the panel as prepared by the UPSC."
Finding the SC order to be an infringement of the legislative and executive powers of the state, as well as the Parliament, Nanda has said that the SC order "grossly restricts and interferes with the ability of the State to appoint a candidate as DGP who is responsible for administering, controlling and supervising the police service to ensure its efficiency, effectiveness, responsiveness and accountability in the State."