The Hindu DGP A.R. Infant taking charge from Outgoing DGP Shankar Mahadev Bidari on March 31, 2012. Photo: V Sreenivasa Murthy The Supreme Court on Wednesday decided to examine whether the UPSC and the Karnataka government violated its earlier order that once Director Generals of Police(DGPs) in States and union territories are appointed, they cannot be transferred within two years.

The apex court also issued notices to the State government and acting state DGP A R Infant on the appeal of IPS officer Shankar Mahadev Bidari challenging the High Court’s order quashing his appointment as DGP and dubbing him “worse than Sadam Hussein or Muammar Gaddafi.”

At the last hearing, the bench had sought explanation from the UPSC and the Karnataka government as to how Bidari was appointed as DGP even before the previous incumbent Achyuth Rao completed his two—year term.

“We are not satisfied with the affidavits filed by the State and the UPSC,” a bench of justices Aftab Alam and C K Prasad said while referring to the affidavits on the issue.

The bench said though the apex court had in a detailed judgement on December 6, 2010, ruled that DGPs should have a minimum of 2-year tenure to insulate them from any extraneous or political influence, the order appears to have been violated by Karnataka and the UPSC.

Hence, it referred the matter to a bench headed by Chief Justice S H Kapadia to examine the question whether “there was any violation” of the 2010 order passed by the apex court in the PIL filed by former Uttar Pradesh DGP Prakash Singh.

Senior counsel U U Lalit, appearing for the State, submitted Bidari’s appointment was made on the basis of legal advice given by the state Advocate General.

But the submission failed to convince the bench which then proceeded to pass the order.

View the original article here