Supreme Court: Publishing expunged conviction details partly unconstitutional

The Supreme Court Bench of Justices Ujjal Bhuyan and Atul S. Chandurkar sought clarification from the Registry regarding why a contempt petition concerning the enforcement of its May 2025 ruling on cadre issues in the Central Armed Police Forces (CAPFs) was removed from Tuesday's docket. Despite a prior court order directing the case to be heard at 2 p.m. on September 29, it was subsequently taken off the list.

The court emphasized that it had been informed the case was struck off the cause list and directed that it, along with other related matters, be reinstated for hearing tomorrow, September 30, 2026, at 2 p.m., with a note from the Registry explaining the removal. The judicial order mandates the listing of the case at 2 p.m. on September 29, 2026, and the court reiterated this in its order.

The case arises from the May 23, 2025, Supreme Court judgment instructing the government to gradually reduce the deputation of Indian Police Service (IPS) officers to senior positions in the CAPFs. The court requested an explanation from Union Home Secretary Govind Mohan, who had submitted a comprehensive affidavit on September 23, outlining the government's stance.

During the contempt hearing on September 2, Justice Ujjal Bhuyan noted a "strong lobby" opposing the petitioners and expressed concern over the stifling of CAPF cadre officers. The May 23, 2025, judgment by Justices A.S. Oka and Bhuyan decreed the progressive reduction of IPS officers' deputation posts in the Senior Administrative Grade (SAG) or up to the rank of Inspector General in the CAPFs over a two-year period, with Group A officers of CAPFs classified as "Organized Services" for all purposes, necessitating a six-month review of cadre and service rules.

The government enacted the CAPFs (General Administration) Act, 2026, on April 9, to circumvent the 2025 judgment, leading to five separate petitions challenging the legislation, now set for hearing on November 18. The Alliance of All Ex Para-Military Forces Welfare Association, representing former and serving personnel, reported the impact affects approximately 13,000 CAPF cadre officers.

The Alliance claimed that the deletion of the case from the docket and potential improper interference in the listing process were brought to the court's attention when the matter did not appear on the scheduled day.