The Supreme Court on Friday told the Mamata government in West Bengal that “law and order is your problem” and allowed the Union government to withdraw seven of the 15 companies of the central police forces stationed in the restive Darjeeling and Kalimpong districts and deploy them in poll-bound States.
Himachal Pradesh and Gujarat are scheduled to go to the polls in November and December.
A Bench, led by Chief Justice of India Dipak Misra, suggested that the Centre agree, as an interim measure, to retain eight companies of the police forces to protect the lives of citizens.
The government agreed to the suggestion.
The districts had witnessed a spate of violence following the resurgence of the Gorkhaland movement.
Additional Solicitor General Maninder Singh said the situation was relatively calm now and the Centre needed personnel for the coming elections. “It takes a long time for the movement of these troops,” he said.
The Centre had appealed to the Supreme Court against a recent Calcutta High Court order restraining it from withdrawing any troops deployed in the two districts.
“If all 24 high courts start dictating to us where and where not to deploy troops, there will be utter confusion. Deployment of troops is the executive's exclusive domain,” Mr. Singh said.
Stays High Court proceedings
Chief Justice Misra stayed the proceedings in the Calcutta High Court and recorded that the Supreme Court would comprehensively hear the issue.
The Chief Justice observed that the apex court would decide on - one, whether courts can intervene in the placement of troops and, two, can the courts intervene with the government in the placement of forces in order to protect the life of citizens.
“We have to strike a balance between the two... there has to be some kind of arrangement. There is some problem in Darjeeling and Kalimpong. Steps have to be taken to protect the life of citizens. Citizens are at the zenith of our pyramid,” he said.
Turning to the West Bengal government, the apex court said “law and order is your problem”.
“Peace must remain. Citizens must be responsible,” Chief Justice Misra addressed the State government represented by senior advocate Rajesh Dwivedi.
