RANJAN GOGOI, J - (1.) On an earlier occasion, this Court had the occasion to deal with another application for clarification of this Court's order dated 3rd July, 2018 [i.e. I.A. No. 144172 of 2018] though in a different context. While passing the order on the said I.A. on 16.1.2019, this Court referring to the principles underlying the judgment of this Court in Prakash Singh and Ors. vs. Union of India and Ors, (2006) 8 SCC 1 : (India Law Library Docid # 303095) had specifically noticed the relevant directions issued under Article 142 of the Constitution of India, which are in the following terms: "Selection and minimum tenure of DGP. (2) The Director General of Police 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 Union Public Service Commission on the basis of their length of service, very good record and range of experience for heading the police force. And, once he has been selected for the job, he should have a minimum tenure of at least two years irrespective of his date of superannuation. The DGP may, however, be relieved of his responsibilities by the State Government acting in consultation with the State Security Commission consequent upon any action taken against him under the All India Services (Discipline and Appeal) Rules or following his conviction in a court of law in a criminal offence or in a case of corruption, or if he is otherwise incapacitated from discharging his duties."
(2.) Thereafter this Court took note of the fact that different States have enacted their respective Police Acts and/or have carried out further amendments in their respective Police Acts. However, all such amendments did not wholly follow the dictum laid down by this court in Prakash Singh (supra). This had led to filing of writ petition (i.e. Writ Petition (Civil) No. 286 of 2013 challenging the validity of the provisions of Police Acts enacted by different States.
(3.) Primary ground of challenge in Writ Petition (Civil) No. 286 of 2013 is that the enactments are not in tune or rather negate the directions of this Court in Prakash Singh (supra).;