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Judges cannot decide troop deployments, Centre tells Supreme Court

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  • Centre says it is the fundamental job of the government of the day, and not the judiciary, to decide placement of police and armed forces

Judges cannot decide on deployment of troops. It is the fundamental job of the government of the day, and not the judiciary, to decide on the placement of police and armed forces to secure the nation’s borders and maintain law and order internally, the Centre told the Supreme Court on Wednesday.

The government’s sharp attack was directed at a recent Calcutta High Court order directing the Centre to retain all 15 companies of the Central Armed Police Forces, deployed in the restive districts of Darjeeling and Kalimpong in West Bengal, till October 27 or until further orders. The High Court had countermanded the Centre’s directive to withdraw certain companies from the two districts.

“The [Calcutta High Court’s] direction ignores and virtually obliterates the very concept of separation of powers. The maintenance of order and the security of the country, which includes the deployment of police and armed forces, is a fundamental facet of the governance of the country, and is a core governmental function of the executive wing of the State. These matters cannot be the subject matter of judicial review, or adjudication by a court,” the petition, filed by advocate S. Wasim A. Qadri and settled by Attorney General K.K. Venugopal, contended.

The Centre mentioned the petition for urgent hearing before a Bench led by Justice J. Chelameswar, who agreed to refer it for listing before an appropriate Bench of the Supreme Court.

Read more: http://www.thehindu.com/news/national/judges-cannot-decide-troop-deployments-centre-tells-supreme-court/article19919282.ece?homepage=true

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