Supreme Court Seeks Explanation From Union For Deputing IPS Officers In CAPFs Despite 2025 Judgment
The Court noted that 46 IPS officers were deputed in the Central Armed Police Forces after the May 2025 Judgment.
The Supreme Court has sought a detailed explanation from the Ministry of Home Affairs on the deputation of 46 Indian Police Service (IPS) officers to five Central Armed Police Forces (CAPFs), despite its earlier direction to progressively reduce deputation posts in the CAPF cadres.
A Bench of Justice Ujjal Bhuyan and Justice Atul S. Chandurkar passed the order on September 2 while hearing a batch of contempt petitions filed against the Ministry of Home Affairs Secretary Govind Mohan over alleged non-compliance with the Court's May 23, 2025 judgment in Sanjay Prakash & Ors. v. Union of India & Ors.
The Court was examining compliance with its earlier directions and had specifically asked the Secretaries of the Ministry of Home Affairs (MHA) and the Department of Personnel and Training (DoPT) to file affidavits detailing the steps taken to implement the 2025 judgment.
46 IPS officers deputed after May 2025
According to the affidavit submitted by the MHA Secretary, 46 IPS officers up to the Senior Administrative Grade (SAG) level were brought on deputation to the CAPFs after May 23, 2025.
Of these, 13 officers were deputed to the Border Security Force (BSF), comprising eight Deputy Inspectors General (DIGs) and five Inspectors General (IGs); 11 officers were deputed to the Central Industrial Security Force (CISF), including nine DIGs and two IGs; nine officers were deputed to the Central Reserve Police Force (CRPF), comprising four DIGs and five IGs; six officers were deputed to the Indo-Tibetan Border Police (ITBP), including three DIGs and three IGs; and seven officers were deputed to the Sashastra Seema Bal (SSB), comprising two Superintendents of Police (SPs), two DIGs and three IGs. In total, the 46 deputations comprised two SPs, 26 DIGs and 18 IGs.
The figures show that the largest number of deputations was to the Border Security Force (BSF), with 13 officers, followed by the Central Industrial Security Force (CISF) with 11, the Central Reserve Police Force (CRPF) with nine, the Sashastra Seema Bal (SSB) with seven, and the Indo-Tibetan Border Police (ITBP) with six.
Court questions procedure followed for deputations
The Supreme Court has now directed the MHA Secretary to explain how these deputations were processed.
In particular, the Court wants to know whether the borrowing CAPF or department had made a formal requisition for deputation before the officers were brought in, what procedure was followed, and why the deputations were made after the Court's May 2025 judgment.
The Court noted that its earlier judgment had directed that the number of posts earmarked for deputation in the CAPF cadres up to SAG level should be progressively reduced, preferably within an upper limit of two years. Against that backdrop, the Bench said it wanted an explanation for the decision to bring 46 IPS officers on deputation after the judgment.
The Court's order stated :
"Before we pass necessary order(s), we direct the Secretary to the Government of India, Ministry of Home Affairs to explain the above statement, for bringing in IPS officers on deputation to the five CAPFs; what procedure was followed before bringing the above officers on deputation i.e., whether any requisition was made by the borrowing department for deputation etc. and the reasons for bringing them on deputation notwithstanding the judgment of this Court directing that the number of posts earmarked for deputation in the cadres of the CAPFs upto the level of Senior Administrative Grade (SAG) should 4be progressively reduced over a period of time, say within an upper limit of two years."
The Court directed the MHA Secretary to file the explanatory affidavit within two weeks. It also made clear that it would continue monitoring implementation of its May 23, 2025 judgment. The batch of contempt proceedings has been listed for further hearing on September 22, 2026, at 2 p.m.
It may be noted that the Parliament had passed a law this year - the Central Armed Police Force (General Administration) Act, 2026- to circumvent the May 2025 judgment. The law provides that 50% of the total posts in the rank of Inspector General and a minimum of 67% of the posts in the rank of Additional Director General and all posts in the ranks of Special Director General and Director General shall be filled by Indian Police Service (IPS) officers on deputation.
Recently, the Supreme Court had issued notice to the Union on a writ petition challenging the validity to the CAPF Act 2026.
Case : Mahendra Singh Deo v Govind Mohan and others