Top cop post: SC refuses to pass order on Bidari's plea
Petitioner to challenge amendment to the Karnataka Police Act
The Supreme Court on Wednesday refused to pass any order on a plea by former Karnataka police chief Shankar M Bidari seeking direction to the authorities for his rein statement as the head of the police force.
A bench of Justices Aftab Alam and Ranjana Prakash Desai, however, allowed him to withdraw the interim application (IA), filed by him.
Senior counsel V K Bali agreed to withdraw the plea after it was pointed out that an ordinance has been issued by the State government bringing an amendment to the Karnataka Police Act, 1963 on June 1, this year, fixing the tenure of director general of police (DGP) as not less than two years subject to superannuation.
“Bali, senior counsel appearing for the petitioner, seeks permission to withdraw this IA with liberty to the petitioner to challenge the Karnataka Ordinance No 2 of 2012 issued by the State of Karnataka in a proper proceeding before an appropriate Court. Interim application is dismissed as withdrawn,” the bench said.
Advocate V N Raghupathy appeared for the State government.
According to the ordinance entitled as Karnataka Police (Amendment) Ordinance of 2012, those appointed as director general and inspector general of police shall have a tenure of not less than two years subject to superannuation.
The chief shall be chosen from among three senior most officers empanelled for promotion to that rank by the Union Public Service Commission on the basis of their duration of service, record and range of experience.
The apex court is already seized of a special leave petition filed by Bidari, challenging the May 28 order of the High Court which termed his empanelment to the top police post last year as vitiated, in view of the State government’s failure to produce reports allegedly indicting him for human rights violations in the manhunt launched against forest brigand Veerappan.
The court had on June 1 stayed the HC order and issued notice to the State government on his petition.
Bidari, an IPS officer, who was to superannuate on May 31, had sought reinstatement in service on the ground that his term would expire only on November 29, 2013 in view of the apex court verdict in Prakash Singh’s case fixing the term of the State police chief for two years.