The Supreme Court on Wednesday, 25 August, asked the Delhi High Court to decide within two weeks the plea against the appointment of Rakesh Asthana as Delhi Police commissioner.
A bench headed by Chief Justice NV Ramana said: "There are issues, one is about my participation in my matter as one ground. I have expressed my views about this person in CBI selection."
The Chief Justice, while participating in the High-Powered Committee, had objected to the appointment of Asthana as the head of the CBI. The top court was hearing a petition filed by Centre for Public Interest Litigation challenging Asthana's appointment.
Advocate Prashant Bhushan, representing the petitioner, submitted: "I don't think that disables your lordship at all."
The bench also comprising Justices DY Chandrachud and Surya Kant noted that a petition on the same issue has been filed in the Delhi High Court. "We know time is of essence...we will give time of 2 weeks to the high court to dispose of (the petition)", noted the bench, adjourning the plea for two weeks.
Bhushan argued that the petition in the high court was a "copy-paste" from his client's petition. "It was filed through somebody else after we filed the petition here", said Bhushan.
Bhushan argued that today we find ambush petitions being filed, filed in collusion with the government to get a dismissal of a genuine petition. The bench gave liberty to Bhushan to intervene in the petition filed before the Delhi High Court.
Solicitor General Tushar Mehta urged the top court to grant a period of at least four weeks to the high court to decide the matter, but the bench did not agree. The top court adjourned the matter for two weeks.
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