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HYDERABAD: The Telangana high court on Tuesday sought to know from the State of Telangana within two weeks the steps it was taking to keep the process of appointing its DGP (head of police force) in a transparent manner.

The bench of chief justice T B Radhakrishnan and justice A Rajasheker Reddy said this while hearing a public interest plea filed by Vijay Gopal, a private employee from Tarnaka of Secunderabad , that sought a declaration to the effect that Telangana Police (Selection and Appointment of DGP (HOPF) Act 2018 is illegal and consequently quash the appointment of the current DGP M Mahender Reddy.

Petitioner’s counsel Yakarapu Sheelu told the court that the Telangana DGP appointment Act was brought in March 2018. Though the Act was brought in tune with the Supreme Court's judgment in Prakash Singh Case, it came without the essence of this judgment.

The State of Telangana verbatim borrowed a wrong precedent set up by the State of AP and brought this Act. AP wanted to pick and choose an about to be retired IPS officer of its choice as DGP. When that effort was rejected by the UPSC, AP brought in its own Act doing away with the requirement to involving UPSC in the selection process of DGP. The state gave unto itself a free hand to choose a person of its choice and appoint that person as DGP of the state, the counsel said. As a result of this, UPSC role was removed from the process, he said.

The bench however differed with this version and said that Prakash Singh judgment ruled the area only till laws are made by the states in respect of the appointment of their respective DGPs. But once states brought in their own laws, the question of Prakash Singh ruling the area may not be there, the bench added. Law and order and police are a state subject and hence Centre or its UPSC may not have much role, particularly after the enactment of a law for the purpose by the state government, the bench observed.

However, agreeing with the petitioner that there is a need to bring transparency into the process, the bench directed the State of Telangana to state its stand on the matter.

