New Delhi:
The Supreme Court will examine whether the Union Public Service Commission (UPSC) and the Karnataka government violated its earlier order that once Director Generals of Police (DGs) in states and union territories are appointed, they cannot be transferred within two years.
The court has 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 Moammar Gaddafi."
At the last hearing, the bench had sought explanation from the UPSC and the Karnataka government as to how Bidari was appointed as Karnataka 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 on Wednesday while referring to the affidavits on the issue.
The bench said though the 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.
In 2010, the Supreme Court had ruled that DGPs shall be appointed from among the three senior most IPS officers in the respective states empanneled by the UPSC.
In a scathing verdict, the High Court had described Bidari as "worse than Saddam Hussain or Muammar Gaddafi" for alleged atrocities on women committed by the Special Task Force led by him during the hunt to nab sandalwood smuggler Veerappan in Karnataka.
Dismissing as "without merit and substance" the petitions by the government and Bidari against the CAT order, the High Court's division bench, headed by Justice N Kumar, had earlier held as "void and illegal" his empanelment by the UPSC and consequent appointment as the state's police chief.
Upholding the Central Administrative Tribunal's verdict, the High Court had said "in the facts of the case, we cannot find any infirmity in the said decision. It is just".
It had struck down Bidari's contention "absolving himself of the responsibility" of atrocities by stating he was only Deputy Commander of the Joint Task Force of Karnataka and Tamil Nadu to nab Veerappan and not "omnipresent and omnipotent like Saddam Hussain or Muammar Gaddafi."
It was in response to Bidari's contention that he was not "omnipresent and omnipotent like Hussain or Gadafi" that the HC had dubbed him as "worse than them.
"Though he was not one of them, if what the two women (tribals) have said in their affidavit is true, he is worse than them (Saddam Hussain and Muamar Gaddafi)", the court had said in its stinging remarks.
Bidari's appointment had been challenged by another DGP A R Infant who was a year senior to Bidari but allegedly bypassed.
Infant had alleged Bidari was appointed as state police chief despite the "black marks" on his service record due to atrocities on tribals committed during his stint as the head of the task force set up to nab Veerappan more than 20 years ago.
The National Human Rights Commission had also filed complaints regarding the sexual and physical assault on tribal women in the area. The Central Administrative Tribunal had upheld Infant's plea. Bidari and the state government had challenged this in the High Court.
The High Court had directed the government should relieve Bidari forthwith and appoint Infant in his place. "Otherwise, they are answerable to the public of the state".
Bidari was appointed in November, 2011, even though his predecessor N Achuta Rao had not completed the two-year tenure from the date of his appointment on July 5, 2011.