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Supreme Court rejects plea of five states to appoint DGPs from outside UPSC panel

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Supreme Court

The Supreme Court today (Wednesday, Jan 16) dismissed the pleas of five States to let them appoint police chiefs through an internal state committee rather than from the panel of three recommended by the Union Public Service Commission (UPSC).

The Supreme Court order issued last year on selection and appointment of Director Generals of Police (DGPs) directed States to “ensure that the Director-General of Police (DGP) is appointed through a merit-based transparent process and secure a minimum tenure of two years”.

The apex court was hearing applications of various State governments — Punjab, Kerala, West Bengal, Haryana and Bihar — seeking implementation of their local laws regarding selection and appointment of DGPs.

A Bench headed by Chief Justice of India (CJI) Ranjan Gogoi said that the earlier directions of the court on selection and appointment of DGPs were issued in larger public interest and to protect the police officials from political interference.

On December 12 last year, the apex court extended till January 31 the tenures of the present DGPs of Punjab and Haryana and agreed to hear the states’ pleas seeking to implement their local laws regarding the selection and appointment of the police chief.

DGPs Suresh Arora (Punjab) and BS Sandhu (Haryana) were due to retire on December 31 last year and will now remain in office till January 31 according to the earlier order of the apex court.

Several states were seeking modification of the apex court’s earlier order directing all the states to mandatorily take the assistance of the UPSC in short-listing the names for appointing DGPs.

The top court, on July 3 last year, passed a slew of directions on police reforms in the country and chronicled the steps for appointment of regular DGPs.

It said the states will have to send a list of senior police officers to the UPSC at least three months prior to the retirement of the incumbent.

The UPSC will then prepare a panel and intimate the states, which in turn will immediately appoint one of the persons from that list.

Punjab, Haryana, Bihar, Kerala and West Bengal told the court that they have already framed a comprehensive law, dealing with the procedures to appoint the DGP, in pursuance of the 2006 apex court verdict on police reforms.

The apex court, while deciding the PIL filed by former DGPs Prakash Singh and NK Singh in 2006, issued several directions, including the setting up of a state security commission to ensure the government does not exercise unwarranted influence on the police.

It said the appointment of DGPs and police officers should be merit-based and transparent and officers like DGPs and superintendents of police (SPs) should have a minimum fixed tenure of two years.

However, when states enacted laws providing a mechanism for DGP selection, the apex court on July 3 last year kept the state laws in abeyance.

It earlier passed directions on police reforms and restrained all states and Union Territories from appointing any police officer as acting DGP.

The directions had come on an application filed by the Centre in which it claimed that certain states have been appointing acting DGPs and then making them permanent just before the date of their superannuation to enable them to get the benefit of an additional two-year tenure till the age of 62 years.

The court had also cautioned the states against conceiving of the “idea of appointing any person on the post of DGP on acting basis for there is no concept of acting Director General of Police”.

The apex court, on September 8, 2017, agreed to hear a clutch of pleas observing that its historic 2006 verdict on police reforms, recommending steps like fixed tenures for DGPs and SPs, has not yet been implemented by states and Union territories.

In the 2006 judgment, the Supreme Court said the DGP of the state “shall be selected by the State government from amongst the three senior most officers of the department who have been empanelled for promotion to that rank by the UPSC on the basis of their length of service, very good record and range of experience for heading the police force”. The court also said that once the DGP was selected, he should have a minimum tenure of two years.”

The court also said that the states should send their proposals with regard to the appointment of the next DGP to the UPSC at least three months before the date of retirement of the incumbent.

In its order, the Supreme Court had also laid down the guidelines for the removal of the DGPs saying that a state government may remove a DGP after consultation with the “State Security Commission consequent upon any action taken against him under the All India Services (Discipline and Appeal) Rules” or if the DGP has been convicted in a court of law in a criminal offence or for corruption.

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Four militants killed as rival Naga groups clash in Manipur village

Four militants were killed in a gunfight between suspected rival Naga groups at Taodaijang village in Manipur’s Noney district on Wednesday.

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Manipur violence

At least four militants were killed in a gunfight between suspected rival Naga militant groups in Manipur’s Noney district on Wednesday, November 4.

The exchange of fire took place at Taodaijang village in the Khoupum area of the Naga-majority district. According to officials, the cadres involved were suspected to belong to rival Naga militant outfits, including the Zeliangrong United Front-Jenchui (ZUF-J) and the Zeliangrong United Front-Kamson (ZUF-K).

Initial reports indicated that the gunfight continued for several hours, leaving three cadres of ZUF-J and one cadre of ZUF-K dead.

The bodies of the deceased militants were subsequently recovered by local residents.

Residents appeal to armed groups to stop firing

Following the gunfight, local residents, including women, reached the spot in an attempt to prevent further violence between the rival groups.

They also used a public address system to appeal to the armed cadres to stop firing and prevent the situation from escalating further.

Further details about the circumstances surrounding the clash were awaited.

Manipur government reviews security situation

In a separate development, Manipur Chief Minister Yumnam Khemchand Singh directed senior security officials to identify active armed groups suspected of involvement in recent incidents of violence in the state.

The directive excluded groups engaged in peace talks with the state government.

The Chief Minister issued the instructions during a review meeting on the state’s law and order situation on Tuesday night.

He also asked security agencies, including the Army and central paramilitary forces, to submit a detailed report on the involvement of the suspected groups.

The Chief Minister said the state Cabinet could consider declaring such groups unlawful if their involvement in violence against innocent civilians was established.

He also emphasised that necessary action would be initiated against groups continuing to perpetrate violence against civilians.

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Agnipath scheme gets 2-year extension for Agniveers, tenure may rise to 6 years

The Centre has introduced a two-year extension for the remaining 75% of Agniveers under the Agnipath scheme, creating another opportunity for them to seek enrolment in the regular armed forces.

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The Centre has introduced a significant change to the Agnipath recruitment scheme, offering a two-year extension to Agniveers who were earlier expected to leave the armed forces after completing their initial four-year service.

Chief of Defence Staff (CDS) General NS Raja Subramani announced the decision on Wednesday following a Union Cabinet meeting. Under the revised arrangement, the 75% of Agniveers who were not initially selected for absorption into the regular armed forces will be offered an additional two-year engagement period.

The development creates another opportunity for these personnel to continue serving in the armed forces beyond their original four-year tenure.

What changes under the revised Agnipath scheme?

Under the original Agnipath framework, Agniveers were recruited for a four-year service period, including training. At the end of this tenure, up to 25% of each batch could be selected for permanent enrolment into the regular armed forces, while the remaining 75% were expected to return to civilian life.

The revised arrangement introduces an additional two-year engagement for the latter group. This means their potential service period could increase from four to six years.

The extension also creates another opportunity for Agniveers to seek enrolment into the regular armed forces after completing the additional two years.

What happens after the additional two years?

According to General NS Raja Subramani, Agniveers completing the extended engagement period and willing to continue serving will be considered for enrolment in the regular armed forces.

Their selection will be based on objective criteria.

This creates an additional pathway for those who are not absorbed into the regular forces after their initial four-year tenure. However, the revised arrangement does not mean that every Agniveer will automatically receive permanent enrolment.

Why has the decision been taken now?

The announcement comes as the first batch of Agniveers recruited under the scheme approaches the completion of its initial four-year service period.

The Agnipath scheme was introduced on June 14, 2022, to recruit personnel into the Indian Army, Navy and Air Force for a fixed four-year engagement.

General Raja Subramani said the scheme had been undergoing periodic reviews, with the performance of Agniveers being continuously evaluated. He also indicated that feedback on their performance had been very positive.

The latest Cabinet decision creates an additional route for retaining personnel beyond the initial engagement period.

What was the original Agnipath arrangement?

Under the original framework, the armed forces could retain up to 25% of Agniveers in the regular cadre after their four-year service period, subject to selection.

The remaining 75% were to complete their engagement and transition to civilian life.

With the latest revision, this group will receive an additional two-year engagement opportunity before being considered for enrolment into the regular armed forces under the prescribed selection criteria.

The change therefore modifies the earlier arrangement by providing an additional opportunity for Agniveers to continue their military careers.

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Hardeep Singh Puri set to win Rajya Sabha bypoll unopposed

Union Minister Hardeep Singh Puri is set to be elected unopposed to the Rajya Sabha from Madhya Pradesh after the returning officer rejected the nomination papers of two independent candidates.

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Hardeep Puri

Union Petroleum Minister Hardeep Singh Puri is set to enter the Rajya Sabha unopposed from Madhya Pradesh after the nomination papers of two independent candidates were rejected during scrutiny on Tuesday.

The two candidates whose nominations were rejected were Kante Sayanna and Rajkumar Lohani, the latter being backed by the Congress. Their rejection leaves Puri as the only candidate in the contest for the vacant Rajya Sabha seat.

According to an official, the result will be announced on November 5, which is also the last date for withdrawal of nominations.

The Returning Officer, Umesh Sharma, examined the nomination papers on the last day of scrutiny and rejected the two independent candidates’ applications.

Objections raised against Hardeep Puri’s nomination

The nomination papers submitted by Puri also faced objections from the two independent candidates and Congress leader Hemant Katare.

They questioned the validity and completeness of Puri’s affidavit filed in Form 26, raising concerns over whether the mandatory details had been properly furnished.

However, after examining the objections, Returning Officer Umesh Sharma concluded that Puri had not violated any requirements under the Representation of the People Act.

Sharma stated in his order that no defect had been found in Puri’s nomination papers that could justify their rejection.

Following the decision, Katare and Congress MLA Atif Aqeel announced that they would approach the court against the order.

Calling the decision an attack on Indian democracy, the Congress leaders said in a statement that Puri’s nomination should have been rejected despite what they described as significant errors.

Why the Madhya Pradesh Rajya Sabha seat fell vacant

The by-election was necessitated by the resignation of Union Minister L Murugan, which left a Rajya Sabha seat vacant in Madhya Pradesh.

With the nomination papers of both independent candidates rejected and Puri’s nomination cleared, the Union minister is set to be elected unopposed.

The final announcement is expected on November 5, the last day for withdrawal of nominations.

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