Supreme Court Dismisses Plea Challenging Rakesh Asthana’s Appointment as Delhi Police Commissioner

A bench comprising Justices Surya Kant and N Kotiswar Singh acknowledged the issue but left open the broader legal question of whether the Prakash Singh guidelines on police appointments apply to the selection of Delhi’s police chief.

The Supreme Court of India disposed of a petition challenging the 2021 appointment of Rakesh Asthana (A 1984 batch retired IPS officer of Gujarat cadre) as the Delhi Police Commissioner, deeming the case infructuous following his retirement in 2022.

During the hearing, CPIL’s counsel, Prashant Bhushan, expressed concerns over executive overreach in police appointments, alleging that politically endorsed candidates were being placed in key positions, bypassing established procedures. On the other hand, Solicitor General Tushar Mehta, representing the Union government, defended Asthana’s appointment, stating that it was made in the public interest and within legal parameters.

Although the Supreme Court refrained from ruling on whether the Prakash Singh guidelines apply to the appointment of the Delhi Police Commissioner, the bench indicated that it may take judicial notice of the issue in future cases if irregularities arise. The court disposed of the matter without setting a precedent on the issue.