Supreme Court Dismisses PIL Seeking Setting Up Of Internal Security Council To Supervise National and State Investigating Agencies

The Supreme Court on Monday dismissed a Public Interest Litigation (PIL) that sought the setting up of a National Internal Security Council to deal with organised crime in the country such as smuggling, inter state trafficking, cybercrimes and large scale political violence. The PIL also sought for all national and state level investigation agencies to be brought under the control of such a body. The Apex Court dismissed the PIL on the ground that the reliefs sought for were in the nature of policy and in the domain of the legislature and hence the writ jurisdiction of the court could not be exercised for the same.

The bench comprising of Chief Justice D Y Chandrachud, Justice J B Pardiwala and Justice Manoj Misra while dismissing the PIL observed:

“The directions which have been sought pertain to the legislative and policy domain. Hence, this Court would not be justified in exercising the jurisdiction under Article 32 of the Constitution.”

The reliefs sought for in the PIL included a direction to the Centre to set up national level agency to deal with crimes such as smuggling, large-scale political violence, narcotics insurgency, inter-state trafficking etc. It also sought for the setting up of a ‘National Internal Security Coordination Council’ under the control of a committee set up by the President and on the recommendation of the Chief Justice. Additionally, it sought for a committee to formulate guidelines for appointment, transfer and conduct of the members of the Council. The PIL also sought for a declaration that once the said Council is set up, all national and state level investigation agencies would come under its direct control and supervision. Once the Council is set up, no legislative body or elected government would have any control over it, other than formulating regulations and providing financial support, the PIL had proposed.

AOR. Adv. Sureshan P and Adv. Shivam Yadav appeared for the petitioner.

Case Title: Agnostos Theos V. Union Of India & Others

Citation : 2023 LiveLaw (SC) 651

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