New Delhi, Oct 15 The Supreme Court on Thursday asked the Ministry of Home Affairs to produce the original files regarding Central Armed Police Forces (CAPFs) cadre review proposals to ascertain whether they were sent beyond the six-month outer limit set by the apex court in 2025.
A bench of Justices Manoj Mishra and Ujjal Bhuyan noted that the enactment of new CAPF Act did not have any bearing on the cadre review of five CAPFs and said the MHA shall produce the files incorporating the details regarding the action taken pursuant to the order of the court including action taken on proposal regarding cadre review.
Justice Mishra told Additional Solicitor General Aishwarya Bhati, appearing for the Centre, that the ministry should produce all the files.
Bhati assured the bench that there was nothing to hide and the government had acted in a bonafide manner to comply with the court’s directions issued in May, 2025 and they would produce the files on next date of hearing.
The top court posted the matter, including the contempt petition filed by CAPF officials for non-compliance of court’s direction and Centre’s application for extension of time for cadre review, for further hearing on October 27.
The top court also refused to pass any interim injunction on deputation of Indian Police Service (IPS) officers in CAPFs saying without any data, it may not be appropriate to issue directions as it may create an administrative vacuum.
It noted that the Centre has filed several affidavits giving the steps taken pursuant to orders passed by the court on May 23, 2025, of which non-compliance is alleged by employees of the CAPFs.
It further noted that CAPF officials in the contempt petition have highlighted the infraction in compliance of the directions passed by this court.
The court said they have stated that the new CAPF Act will have no bearing on the direction which required the Centre to carry out the cadre review in all the CAPFs, which was due since 2021 and was required to be carried out in six months as per the May 23, 2025 order of which the contempt is alleged.
The bench also noted that CAPF officials have brought to its attention that the apex court in its 2025 decision has directed to progressively reduce the number of posts earmarked for deputation for CAPF to the level of Senior Administrative Grade, which include DIG-level rank.
The court said it was also informed that though the time period for such reduction was with an outer time limit of two years but such reduction has not begun.
It said that CAPF employees have alleged that MHA had issued letters on December 26, 2025 and February 3, 2026 to all CAPFs for undertaking a comprehensive review of their existing group A cadre and invited proposals.
The bench noted that in this context, the employees have argued that the outer time limit has been set out as six months in May, 2025 order, while the proposals were invited after six months which is a flagrant violation of this court’s order.
Bhati contended that cadre review was a lengthy process involving various aspects and the process began just after the May, 2025 order despite the fact that review petition against the decision was dismissed on October 28, 2025.
She pointed out that the new Act enacted by the Parliament was notified on October 8 and a miscellaneous application for extension of time was filed in March, 2026.
During the hearing, senior advocate Shyam Divan, appearing for CAPF employees, pointed out that even after the May, 2025 decision they have deputed 63 IPS officers in the CAPF, including 32 DIGs, 27 IGs and two commandants.
Similarly, arguments were advanced by senior advocates Arvind Datar, Guru Krishnakumar, K Parmeshwar and others on alleged non-compliance by the Centre with the court’s direction.
On October 8, the Central Armed Police Forces (General Administration) Act, 2026, which provides a common framework for recruitment and conditions of service of Group-A general duty officers and other officers in the CAPFs, came into force.
The contempt proceedings have been initiated against Union Home Secretary Govind Mohan over alleged non-compliance with the apex court’s May 23, 2025 verdict in Sanjay Prakash and Others versus Union of India and Others case.
The court had earlier sought an explanation from the MHA regarding the deputation of the 46 IPS officers to the five CAPFs, despite its direction in the 2025 judgment to progressively reduce deputation posts in the CAPF cadres up to the Senior Administrative Grade level.
On September 2, the court had directed the MHA secretary to explain the procedure followed for bringing the IPS officers on deputation and why such deputations were made after the 2025 judgment. The MHA and the Department of Personnel and Training (DoPT) were also directed to place details on the steps taken to comply with the judgment.
The proceedings assume significance in view of the CAPF (General Administration) Act, 2026, which provides for 50 per cent of inspector general posts and a minimum of 67 per cent of additional director general posts to be filled through IPS deputation. It also provides that the posts of special director general and director general shall be filled through deputation.
(PTI News)
