SC To Hear Centre’s Plea Against Cal.HC’s Stay On Withdrawal Of Armed Police Forces [CAPF] From WB On Friday

Centre today moved the Supreme Court against the Calcutta High Court order staying the government’s decision to withdrawal of Central Armed Police Forces (CAPF) from Darjeeling and Kalimpong districts of West Bengal.

Centre has decided to withdraw 7 out of 15 companies from the scene of unrest over the statehood demand.

Appearing for government, Advocate Wasim Qadri mentioned before the Bench headed by Justice J Chelameswar and sought for hearing of the appeal on urgent basis as the high court’s stay order is till October 27.

He submitted that deployment of armed forces is beyond the judicial review and the forces are not meant for the requirement of state’s law and order problem.

The lawyer also submitted that the Election Commission of India has asked for the armed forces to conduct polls in Himachal Pradesh and Gujarat.

The bench agreed to list the matter on Friday for hearing.

On October 17, in an interim order, the high court had stayed the government’s decision till October 27. The court had also asked the Centre to file an affidavit on the issue.

Earlier while hearing a PIL in July, the high court had directed the Centre to deploy four companies of CAPF in addition to the 11 already present in the hills.

The Bengal government had requested the Centre for extension of deployment of CAPF till December 25. However, the Centre has decided to withdraw the companies to deploy them in disturbed border areas particularly in Myanmar.

The Petition raises the following questions of law for the consideration of the bench

[A]. “Whether High Court while exercising its power of judicial review, could act as an Appellate Court and whether in the matters affecting the policy and requiring technical expertise should not be left to the decision of those who are entrusted and qualified to address the same”?

[B]. “Whether in assessing the propriety of a decision of the Government the Court could interfere, if a second view is possible from that of the Government and whether the correctness of the reasons which prompted the Government in decision-making, taking one course of action instead of another could be a matter of concern in judicial review”?

[C]. “Whether the policy decision should not be left to the Government as it alone can adopt which policy should be adopted after considering all the points from different angles and whether Court is appropriate forum for such investigation”?

[D]. Whether under the Indian Constitutional jurisprudence, courts could express their opinion as to whether at a particular juncture or under a particular situation prevailing in the country, which policy should be adopted and how the national security of the Country is maintained and how the Armed forces should be deployed”?