HC notice to Centre on plea against Asthana’s appointment as Delhi police commissioner

A bench of Chief Justice DN Patel and Justice Jyoti Singh issued notice on a plea by one Sadre Alam and listed the matter for further hearing on September 8

The Delhi High Court on Wednesday issued notice to the Centre on a plea challenging the appointment of senior Gujarat-cadre IPS officer Rakesh Asthana as Commissioner of Delhi Police, just days before his retirement as BSF chief.

A bench of Chief Justice D N Patel and Justice Jyoti Singh sought a response from the Union government on an application filed by NGO, Centre for Public Interest Litigation, in a pending PIL already filed before the court.

Advocate Prashant Bhushan, representing the applicant, alleged that the petitioner before the High Court has directly copy pasted from his plea filed at the top court.

He submitted that this was violation of the Delhi High Court Rules. He cited the petition filed in the Delhi High Court by Sadre Alam, challenging Asthana's appointment, which raised similar grounds.

The counsel for the petitioner, however, denied any cut-copy paste job.

Solicitor General Tushar Mehta, appearing for the Centre, contended that it seemed too much of a coincidence, even typographical errors are the same.

He said professional PIL petitioners often moved the court challenging such appointments.

“The petitioner seems to be following Bhushan's path, which is a dangerous one…..They have no business to challenge this appointment…..What are the sources of this inspiration to challenge appointments," he asked.

The court agreed to consider Bhushan’s application, issued notice and fixed it for further hearing on September 8.

On August 25, the top court had asked the Delhi High Court to decide within two weeks the plea against the appointment of Rakesh Asthana as Delhi Police commissioner. It had asked Bhushan to approach the High Court in the pending matter.