SC seeks Registry explanation after CAPF contempt pleas deleted from cause list

The Supreme Court on Tuesday sought an explanation from its Registry after a batch of contempt petitions concerning the deputation of 46 IPS officers to five Central Armed Police Forces (CAPFs) was deleted from the cause list despite a judicial direction that the matter be heard at 2 pm.

A Bench of Justices Ujjal Bhuyan and A S Chandurkar directed that the petitions be listed again at 2 pm on Wednesday along with connected matters. It also asked the Registry to place on record a note explaining why the cases were struck off the cause list despite the court’s earlier order. The Supreme Court’s published schedule confirms that the Bench is sitting on September 29 and 30.

Matter removed at noon

The issue was brought to the Bench’s attention by senior advocate Guru Krishnakumar, appearing for the petitioners. He said the matter, which had been listed as item 32, was removed from the cause list around noon without notice to the parties.

“My colleagues say that the instructions are from the listing branch. I don't know what's happening. It's a little unfortunate,” Krishnakumar submitted. He also informed the court that the respondents had filed an affidavit and subsequently sought to replace it after the matter was removed from the list.

The Bench recorded that the case had been scheduled for 2 pm pursuant to a judicial order but was struck off during the lunch break. It consequently directed that the matter be restored for hearing at the same time on Wednesday and sought an explanation from the Registry.

Contempt proceedings

The contempt proceedings have been initiated against Union Home Secretary Govind Mohan over alleged non-compliance with the Supreme Court’s May 23, 2025 judgment in Sanjay Prakash and Others versus Union of India and Others.

The dispute concerns the deputation of 46 IPS officers to five CAPFs despite the court’s earlier direction to progressively reduce deputation posts in the forces up to the Senior Administrative Grade level.

On September 2, the Supreme Court had directed the Union Home Secretary to explain the procedure followed in bringing the 46 IPS officers on deputation and why the appointments were made after the 2025 judgment. The Ministry of Home Affairs and Department of Personnel and Training were also asked to provide details of the steps taken to comply with the judgment.

New law in focus

The proceedings have acquired added significance following the enactment of the Central Armed Police Forces (General Administration) Act, 2026. The law provides for 50 per cent of Inspector General posts and at least 67 per cent of Additional Director General posts to be filled through IPS deputation.

It also provides for the posts of Special Director General and Director General to be filled through deputation. The provisions have brought the issue of IPS representation in the higher ranks of the CAPFs back into focus.

Separate challenge

The Supreme Court is also considering a separate petition challenging the constitutional validity of the 2026 law and has issued notice to the Centre.

The contempt proceedings, meanwhile, will return before the Bench on Wednesday, when the Registry is also expected to explain how the petitions were removed from Tuesday’s cause list despite a specific judicial direction for their listing.