In a firm reiteration of the scope and purpose of Public Interest Litigation (PIL), the Supreme Court of India held that PILs cannot be misused as a mechanism to settle personal or inter-service disputes, especially among competing officers of the government.
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In a firm reiteration of the scope and purpose of Public Interest Litigation (PIL), the Supreme Court of India held that PILs cannot be misused as a mechanism to settle personal or inter-service disputes, especially among competing officers of the government.
A Bench comprising Chief Justice B.R. Gavai, Justice K. Vinod Chandran, and Justice N.V. Anjaria was hearing a batch of contempt petitions alleging the violation of directions issued in the landmark Prakash Singh judgment related to police reforms and the appointment of the Director General of Police (DGP) in Jharkhand.
The contempt petitions were filed by:
The petitioners alleged that the appointment of Anurag Gupta as DGP of Jharkhand was in violation of the Prakash Singh guidelines. They also contended that Ajay Kumar Singh was unlawfully removed from the DGP post without following due process.
The Supreme Court refused to entertain the petitions, observing that the issue appeared to stem from a personal rivalry between two senior police officers. The Court clarified:
“PIL jurisdiction cannot be permitted to become a mechanism to settle the scores between competing officers.”
The CJI added that:
“If a government officer is aggrieved by wrongful removal or denial of appointment, the proper forum is the Central Administrative Tribunal (CAT) or the High Court—not a PIL.”
The bench further reiterated that PILs were devised to allow public-spirited individuals to seek justice on behalf of socio-economically disadvantaged persons, not for officers with alternate legal remedies.
Prakash Singh, the original petitioner in the 2006 PIL, was present in court and personally submitted that the Court’s monitoring of compliance with police reform directives had waned in recent years:
“For the last six years, the main petition has gone into deep freeze. This has led to violations going unchecked.”
He requested that the Court resume regular oversight of its earlier directions to prevent state governments from bypassing the laid-down procedure for appointments.
Senior Advocate Raju Ramachandran, acting as amicus curiae, supported the need for monitoring of compliance, particularly regarding the constitution of State Security Commissions and Police Complaints Authorities.
He also informed the bench that he has filed an application seeking direction for dedicated High Court benches to oversee Prakash Singh compliance.
This ruling serves as a caution against misusing PILs for intra-departmental power struggles and reinforces the true purpose of public interest litigation—to uplift those unable to approach courts themselves. While monitoring police reform is critical, the remedy must not distort the PIL framework.
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Deep Karia is the Director at Legalspace, a pioneering LegalTech startup that is reshaping the Indian legal ecosystem through innovative AI-driven solutions. With a robust background in technology and business management, Deep brings a wealth of experience to his role, focusing on enhancing legal research, automating document workflows, and developing cloud-based legal services. His commitment to leveraging technology to improve legal practices empowers legal professionals to work more efficiently and effectively.
