This is perhaps going to be a key ground for an appeal to the Supreme Court, as the CPIL may view CJI Ramana's stance on the CBI chief post as an indication that the Prakash Singh judgment cannot be read so narrowly, and that therefore the rules were in fact violated to give him the post.

In the high court, Bhushan had pointed out that the first Prakash Singh judgment, while no doubt referring to DGPs of states, had explicitly said at the end that:

Among these findings, it is only perhaps the special leeway to be given to the central government regarding the Delhi Police that could be a ground for appeal in the Supreme Court, as no specific legal authority was cited for the proposition.

Delhi Disputes Rakesh Asthana's Appointment as Police Commissioner

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Why Delhi HC Upheld Rakesh Asthana's Appointment as Delhi Police Commissioner

The judges rejected the argument that he couldn't be appointed as he had less than 6 months before retirement.

Vakasha Sachdev

Published: 13 Oct 2021, 7:58 AM IST

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Edited By :Tania Thomas

The Delhi High Court on Tuesday, 12 October, dismissed the legal challenge to the appointment of Rakesh Asthana as Commissioner of the Delhi Police, finding that the petitioner had:

"Not been able to make out a case calling for interference with the decision of the government or even remotely demonstrated that there is any blot in the service career of [Asthana], making him unsuitable for the post in question."

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Topics: Delhi High Court Prashant Bhushan Rakesh Asthana

Edited By :Tania Thomas