Bangalore:
The Supreme Court on Thursday sought explanation from the Union Public Service Commission(UPSC) and Karnataka government as to how controversial Indian Police Services (IPS) officer Shankar Mahadev Bidari was appointed the state Director General of Police (DGP) even before the previous incumbent Achyuth Rao completed his two year term.
A bench of justices Aftab Alam and CK Prasad passed the direction while dealing with a petition filed by Bidari challenging a Karantaka High Court's order which had quashed his appointment as the state's police chief, dubbing him to be "worse than Sadam Hussein or Muammar Gaddafi."
"We would like to know how and under what circumstances the UPSC accepted the demand of the state government to prepare the panel for appointment to the post of DGP and actually made a panel on the basis of a meeting held on November 30, 2011, in violation of the court's direction in Prakash Singh & Ors. v. Union of India & Ors., (2006) 8 SCC 1, in as much as the previous incumbent to the post N. Achuta Rao had not completed the two-year tenure from the date of his appointment on July 5, 2011, as directed by this court" the bench said.
"Apart from the UPSC, the State of Karnataka also needs to satisfy the court on the issue how and on what basis they persisted with the demand before the UPSC for preparation of a fresh panel even though the UPSC had initially pointed out that the tenure of the previous incumbent was not over as per the direction of this court," the bench added while posting the matter for further hearing to April 18.
In a scathing verdict, the High Court had described Mr Bidari as "worse than Saddam Hussain or Muammar Gaddafi" for alleged atrocities committed on women by the Special Task Force led by him during the hunt to nab smuggler Veerappan.
Dismissing as "without merit and substance" the petitions by the government and Mr Bidari against the Central Administrative Tribunal (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 CAT 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 Mr 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 Mr Bidari's contention that he was not "omnipresent and omnipotent like Hussain or Gaddafi" that the High ourtC 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 Muammar Gaddafi)", the court had said in its stinging remarks.
Mr Bidari's appointment had been challenged by another DGP AR Infant who was a year senior to Mr Bidari but was allegedly bypassed.
Infant had alleged Mr 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.