New
Delhi:
The Supreme Court today refused to entertain West Bengal government’s plea
seeking to appoint Director General of Police (DGP) without consulting the
Union Public Service Commission (UPSC), saying it would be “abuse of law”.
A
bench comprising Justices Nageswara Rao, BR Gavai and BV Nagarathna, however,
allowed the state’s impleadment application in the main matter on police
reforms and said it will start hearing matter which “hasn’t seen the light of
day for many years”.
The
Supreme Court told the state government that the points it was raising were
exactly the same which it had raised earlier that UPSC should not have a role
in appointment of the DGP or police chief.
“We
have seen your application. The points you are raising are exactly the same
which you have raised earlier that UPSC should not have a role. When the main
matter is taken you can argue this matter. We cannot permit this. This is abuse
of process. We will dismiss your application. We cannot have petitions like
this. Why are we wasting so much time on these applications,” the bench
observed.
The
top court said if states also start filing matters like this it will be
difficult for it to find time to hear other matters.
“You
yourself come and tell us all bail applications are not being heard, criminal
appeals are not being heard,” the top court told senior advocate Sidharth
Luthra, appearing for West Bengal.
Advocate
Prashant Bhushan, appearing for Prakash Singh (main petitioner), requested the
bench for an early hearing of the main petition on police reforms saying “unfortunately
in most states implementation of directions of the top court remains
unimplemented.”
The
court has now posted the matter for hearing in October and said, “We will start
hearing the matter. It hasn’t seen the light of day for many years.”
The
Supreme Court was hearing an application filed by West Bengal stating that UPSC
does not have expertise to consider and appoint DGP or police chief of a state
as also that it is not in line with the federal System of governance.
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