The Supreme Court’s order in the Central Armed Police Forces (CAPF) cadre case, uploaded on Saturday (September 5, 2026), specifically asks Union Home Secretary Govind Mohan to explain the procedure followed for bringing Indian Police Service (IPS) officers on deputation to the CAPFs, including whether the borrowing organisations had made formal requisitions, and the reasons for making such appointments despite the court’s earlier direction to progressively reduce IPS deputation posts up to the Senior Administrative Grade level. The court said that it “shall continue monitoring of implementation of the judgment” dated May 23, 2025.

On September 2, while hearing a contempt petition filed by former CAPF officers regarding the non-implementation of the top court’s 2025 order to progressively reduce IPS deputation in CAPFs up to the rank of Inspector Generals in the next two years, the court had sought an explanation from Mr. Mohan.

‘Strong lobby’

Justice Ujjal Bhuyan had orally observed that there was a “strong lobby” and the cadre officers of CAPFs were completely stifled.

On Saturday (September 5), the order uploaded by the Bench of Justice Ujjal Bhuyan and Justice Atul S. Chandurkar, said: “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 up to the level of SAG should be progressively reduced over a period of time, say within an upper limit of two years.”

In an affidavit, the Union Home Secretary had informed the court that 46 IPS officers have been brought on deputation to the CAPFs up to the SAG level after the court’s 2025 judgment.

Two weeks time

The court has directed the Home Secretary to file an affidavit within two weeks detailing the procedure followed for bringing the officers on deputation.

According to the affidavit, the Border Security Force (BSF) received 13 IPS officers, Central Industrial Security Force (CISF) 11, the Central Reserve Police Force (CRPF) nine, the Indo-Tibetan Border Police (ITBP) six and Sashastra Seema Bal (SSB) seven officers.

To circumvent the 2025 judgment, the government enacted the CAPFs (General Administration) Act, 2026 that was published in the gazette on April 9. However, seven writ petitions challenging the legislation have since been filed and are scheduled for hearing before the Supreme Court on November 18.

The Act, passed by Parliament on April 2, states that in all CAPFs, 50% of the total posts in the rank of Inspector General, at least 67% posts in the rank of Additional Director General and all posts in the rank of Special Director General and Director General shall be filled by IPS officers on deputation. Until now, such postings were done based on executive orders. The 50% cap on DIG posts, to be filled by Group A CAPF officers, was also done away with, paving the way for higher percentage of IPS deputation.