IMPORTANT POINT
For the present, the directions in Prakash Singh read with the order of this Court, dated 3.7.2018, would not require any correction or modification.

ORDER

I.A. No. 144172/2018 filed on behalf of the State of Punjab for modification of the order of this Court, dated 3.7.2018 is being taken up, as the order passed therein would cover the similar prayers made in the interlocutory applications filed on behalf of States of Haryana, West Bengal, Kerala and Bihar.

"The commitment, devotion and accountability of the police has to be only to the rule of law. The supervision and control has to be such that it ensures that the police serves the people without any regard, whatsoever, to the status and position of any person while investigating a crime or taking preventive measures. Its approach has to be service oriented, its role has to be defined so that in appropriate cases, where on account of acts of omission and commission of police, the rule of law becomes a casualty, the guilty police officers are brought to book and appropriate action taken without any delay."

(Para 12 of Prakash Singh & Ors. vs. Union of India & Ors., (2006) 8 SCC 1)

2. This is the approach that this Court had adopted while seeking to resolve the issue of insulation of the police machinery from political/executive interference in Prakash Singh (supra).

3. After an in-depth consideration of the matter, this Court had issued several directions in exercise of the jurisdiction under Article 142 of the Constitution of India, which had been set out in paragraph 31 of the report in Prakash Singh (supra). For the present case, the Court would be concerned with direction number 31(2), which deals with "selection and minimum tenure of DGP", which direction is extracted below:-

"Selection and minimum tenure of DGP.

(2) The Director General of Police of the State shall be selected by the State Government from amongst the three senior most officers of the Department who have been empanelled for promotion to that rank by the Union Public Service Commission on the basis of their length of service, very good record and range of experience for heading the police force. And, once he has been selected for the job, he should have a minimum tenure of at least two years irrespective of his date of superannuation. The DGP may, however, be relieved of his responsibilities by the State Government acting in consultation with the State Security Commission consequent upon any action taken against him under the All India Services (Discipline and Appeal) Rules or following his conviction in a court of law in a criminal offence or in a case of corruption, or if he is otherwise incapacitated from discharging his duties."

4. Subsequent to the decision of this Court in Prakash Singh (supra), the State of Punjab enacted the Punjab Police Act, 2007. Section 6 of the said Act is in the following terms:-

"6. Selection and term of office of Director General of Police.

(1) The State Government shall select the Director General of Police from amongst Indian Police Service officers borne on the State cadre, who are in the rank of Director General or are eligible to hold this rank for appointment as Director General of Police.

(2) The Director General of Police so appointed, shall have tenure of not less than two years, unless he attains the age of superannuation :

Provided that the State Government may, transfer the Director General of Police before completion of two years of his tenure, if he is -

(a) conviction by a court of law in a criminal case or where charges have been framed against him by a court in a case involving corruption or moral turpitude; or

(b) incapacitation by physical or mental illness or otherwise becoming unable to discharge his functions as the Director General of Police; or

(c) promotion to a higher post under either the State or the Central Government :

Provided further that the State Government may also transfer the Director General of Police before the completion of two years' tenure, for special reasons, to be recorded in writing. "

5. The validity of the Punjab Police Act, 2007 came to be challenged before this Court in a writ petition