The Supreme Court on Wednesday split in two parts the case of former Karnataka DG&IGP Shankar M. Bidari relating to his removal from the post by state High Court. A bench of Justices Aftab Alam and C.K. Prasad retained the main case related to his service matter with it, but referred to the special bench, headed by Chief Justice of India S.H. Kapadia, the issue related to the “violation” of the apex court’s 2006 guidelines on police reports in the appointment of Mr Bidari.
The bench, headed by Justice Alam, said since the special bench was seized of the petitions of various states on amendment of the guidelines, including Karnatka, the question whether the state had violated the court order would only be decided by the special bench.
The main question for consideration by the special bench would be whether Karnataka government violated the guidelines by appointing Mr Bidari before his predecessor Mr N. Achutha Rao had completed his mandatory two-year tenure, fixed by the apex court in its police reforms verdict of 2006. The split was effected by the bench after Karnataka’s counsel Udai Lalit said the appointment of Mr Bidari was made after seeking the legal opinion of the state Advocate General as the post has fallen vacant as Mr Rao was not “willing” to continue after superannuation.