Rakesh Asthana Delhi Police Commissioner #1

Rakesh Asthana’s Appointment as Delhi Police Commissioner

On July 19th, 2022, Justices D.Y. ChandrachudSurya Kant, and P.S Narasimha adjourned the Centre for Public Interest Litigation’s (CPIL) challenge to Mr. Rakesh Asthana’s appointment as Delhi’s Police Commissioner once again. CPIL claims that the Appointments Committee of the Cabinet (ACC), headed by the Prime Minister, violated the Supreme Court’s guidelines for police terms in Prakash Singh (2006) by appointing Mr. Asthana merely four days before his retirement.

Since Mr. Asthana’s appointment in July 2021, the challenge has been adjourned more than ten times. In the meantime, Mr. Asthana has nearly completed his extended tenure at Police Commissioner. He is due to retire on 31st July 2022.

The Court has listed a related case, challenging the Jharkhand government’s decision to remove the incumbent Director General of Police, KN Chaubey, before he completed the minimum 2 year tenure guaranteed in the Prakash Singh Judgment. The Court ordered maximum and minimum tenures in Prakash Singh to ensure no political interference in the appointment of police chiefs and the working on the police force.