Delhi High Court 'Amazed' At ITBP Personnels' Plea For Redeployment In Afghanistan; Dismisses Plea Saying 'No Vested Right'

The Delhi High Court has dismissed petitions filed by 30 Indo Tibetan Border Police (ITBP) personnel seeking redeployment in Afghanistan, which is now under a threat of recapture by Taliban militants,  after observing that they have no vested right to be deployed there.

A division bench comprising of Justice Rajiv Sahai Endlaw and Justice Amit Bansal also observed that matters pertaining to deployment and re induction are administrative in nature, decisions of which are taken based on the exigencies of the situation. 

The Court also expressed amazement at the plea seeking redeployment in Afghanistan in view of the "dangerous situation" prevailing there.

"They have no vested right to be deployed in Afghanistan. Rather it amazes us that in view of the dangerous situation prevailing in Afghanistan currently, the petitioners are keen to be deployed there." The Court said.

The petitioners were posted at Consulate General of India (CGI), Afghanistan between August- September, 2020 and February, 2021. Their tenure of posting was two years however, due to disturbance and unrest in Afghanistan, it was decided by the Government of India to temporarily stop its operation and to send them, back to India as a precautionary measure.

Apart from seeking redeployment at Afghanistan, the plea was filed seeking direction on the authorities not to transfer them to a new place and also not to suspend their diplomatic passports as well as visas.

Observing that the personnel cannot make a grievance out of the Government's decision to shut down the operation and repatriate them, the Court said:

"The petitioners also cannot raise any grievance that the ITBP personnel posted at Embassy of India, Kabul who have spent a longer term in Afghanistan than the petitioners, should have been repatriated to India in place of the petitioners, as unlike the CGI at Kandahar, the Embassy of India at Kabul continues to function."

Further observing that such issues are administrative in nature, the Court was of the view that Courts cannot dictate where and how personnel of ITBP should be posted. 

"This would amount to taking over the running of the respondent, ITBP as well as the Government of India, which the Courts are ill equipped to do." The Court said.

Finding no merit in the plea, the Court however took note of the submission made by counsel of ITBP to the effect that those of the petitioners whose posting in Afghanistan lasted less than three months will be considered for fresh deployment in terms of it's Policy document of the respondent dated 11th February, 2021.

Title: SUNIL KUMAR & ORS. v. INDO TIBETAN BORDER POLICE THROUGH ITS DIRECTOR GENERAL

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