New Delhi, Oct 28 (PTI) The Supreme Court on Wednesday said that the Centre was in violation of its earlier direction to conduct a review of the Central Armed Police Forces (CAPFs) and asked the cadre review panel to submit its proposal for approval by November 30.
A bench of Justices Manoj Mishra and Ujjal Bhuyan also asked the Centre to furnish the data about deputations of Indian Police Service (IPS) officers in five CAPFs – Border Security Force (BSF), Central Reserve Police Force (CRPF), Central Industrial Security Force (CISF), Indo-Tibetan Border Police (ITBP) and Sashastra Seema Bal (SSB) – up to the Senior Administrative Grade (SAG) level, which is equivalent to an inspector general (IG) rank officer.
The bench recorded in its order, “At the outset, ASG (Additional Solicitor General) Aishwarya Bhati submitted that the Cadre Review Proposals have been presented by CAPFs and the Cadre Review Committee is examining them. She has assured that by November 30, the Cadre Review Committee shall submit a proposal for approval.”
While posting the matter for further hearing on December 9, the bench directed Bhati to file an affidavit giving the details of deputation up to the SAG level in each CAPF as on May 23, 2025 and by the next date of hearing.
The bench said that an affidavit also be filed giving details about the proposal prepared by the Cadre Review Committee (CRC) for approval.
The CAPF officials have alleged that the Centre has not complied with the direction for carrying out the cadre review in all the CAPFs, which was due since 2021 and was required to be carried out in six months according to the May 23, 2025 order against which the contempt is alleged.
The top court was hearing writ petitions challenging the new CAPF Act, including a contempt plea filed by CAPF officials for non-compliance with the court’s May 2025 direction.
During the hearing, after perusing the original files on cadre review of CAPFs, the bench said, “We see that they are in violation of the direction for cadre review and we will ask them to give an undertaking and give them a specified timeframe for compliance.”
Senior advocate Guru Krishnakumar, appearing for the contempt petitioners, submitted that the direction of the court on May 23, 2025 was to gradually reduce the deputation of IPS officers but the government, instead of reducing it, has increased it.
ASG Bhati submitted that the rules pursuant to the Act provide for deputation of IPS officers and submitted that out of 13,491 Group ‘A’ posts in five CAPFs, only 213 is the sanctioned strength for deputation of IPS officers and at present, there are only 129 posts where such officers are deputed.
The bench, after going through the directions in the 2025 judgment, said that it does not ask the government to reduce the deputation of IPS officers to zero but the direction was to gradually reduce such postings in CAPFs.
“At present, we don’t have a clear figure on what the percentage of deputation was on the date of judgment. We have details of how much is the deputation as of today.
“We want to see whether the judgment was followed in letter and spirit or on paper and for that we need to know the percentage of deputation of IPS officers as on May 23, 2025,” Justice Mishra said.
The bench asked the Centre to file an affidavit giving a bird’s-eye view of the deputation of IPS officers in all the CAPFs as on May 23, 2025 and till now.
On October 15, the top court asked the Ministry of Home Affairs (MHA) to produce the original files regarding CAPFs cadre review proposals to ascertain whether they were sent beyond the six-month outer limit set by the apex court in 2025.
It had noted that the enactment of the new CAPF Act did not have any bearing on the cadre review of five CAPFs, and said the MHA shall produce the files incorporating the details regarding the action taken pursuant to the order of the court including action taken on the proposal regarding cadre review.
The Centre had assured the bench that there was nothing to hide and the government had acted in a bona fide manner to comply with the court’s directions issued in May, 2025 and they would produce the original files.
The top court had refused to pass any interim injunction on deputation of IPS officers in CAPFs, saying that without any data, it may not be appropriate to issue directions as it may create an administrative vacuum.
On October 8, the Central Armed Police Forces (General Administration) Act, 2026, which provides a common framework for recruitment and conditions of service of Group-A general duty officers and other officers in the CAPFs, came into force.
The contempt proceedings have been initiated against Union Home Secretary Govind Mohan over alleged non-compliance with the apex court’s May 23, 2025 verdict in Sanjay Prakash and Others versus Union of India and Others case.
The court had earlier sought an explanation from the MHA regarding the deputation of the 46 IPS officers to the five CAPFs, despite its direction in the 2025 judgment to progressively reduce deputation posts in the CAPF cadres up to the SAG level.
On September 2, the court had directed the MHA secretary to explain the procedure followed for deputation of IPS officers in CAPFs and why such deputations were made after the 2025 judgment.
The proceedings assume significance in view of the CAPF (General Administration) Act, 2026, which provides for 50 per cent of inspector general posts and a minimum of 67 per cent of additional director general posts to be filled through IPS deputation. It also provides that the posts of special director general and director general shall be filled through deputation. PTI MNL
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