New Delhi: Hearing the contempt petition filed by in-house cadres of the Central Armed Police Forces (CAPF) against the 2026 legislation formalising the deputation of Indian Police Service officers in the CAPF, a division bench of the Supreme Court Wednesday questioned the Centre on its inability to resolve the tussle between IPS and in-house officers of paramilitary forces.
“Do you think that there are no competent officers in the central armed police forces to hold managerial positions?” Justice Ujjwal Bhuyan asked Additional Solicitor General Aishwarya Bhati. “It is wrong. Totally wrong. There are officers who have served for 25-30 years in CRPF, ITBP and BSF, and yet they have not been given…why are you treating them like this…they are also defending our borders. They are also fighting for us… Supreme sacrifices they have made…”
ASG Bhati defended the government’s move, saying that the policymaking decision regarding the CAPF was not a “this versus that” issue.
However, Justice Bhuyan observed: “You have created this way.”
He further remarked orally, “I am sorry to use this word, but there is a strong lobby there, and they are virtually…we won’t want to express any view there… how this officers cadres…CRPF, ITBP, BSF…they are completely stifled.”
The bench of Justice Bhuyan and Atul Sharachchandra Chandurkar was hearing a clutch of contempt petitions filed by CAPF cadre officers against the Centre over the Central Armed Police Forces (General Administration) Act, 2026 that formalised the deputation of IPS officers starting at senior administrative grades (Inspector General rank) in the forces.
The petitioners have sought the apex court’s intervention to nullify the provisions of the Act notified in April. They argued in the petition that the Act would virtually reverse a May 2025 Supreme Court judgement, which had set the stage for a cadre review across all CAPFs and for directives to gradually reduce the number of IPS officers on deputation within two years. The Centre later filed a review against the ruling, which the apex court dismissed in October last year.
This year, the government enacted the CAPF (General Administration) Act, despite protest and criticism by CAPF cadre officers.
The top court, last month, sought a status report from the secretaries of the Union Home Ministry and Department of Personnel and Training on the steps taken to implement the directions given in the May 2025 judgement. Union Home Secretary Govind Mohan then filed an affidavit saying that Centre is “leaving no stone unturned” to complete the cadre review exercise, as directed by the top court.
“That, it is ultimately submitted that the Cadre Review of proposals of all CAPFS have been examined in MHA, concurred by IFD (Integrated Finance Division) and forwarded to DoPT with the approval of Hon’ble Home Minister for further consideration,” Mohan had said, informing the court that a total of 46 IPS officers have been deputed to CAPFs since the May 2025 directives up to IG rank in the forces.
(Edited by Mannat Chugh)