Centre challenges SC order on SPOs; files review petition

New Delhi, Aug 13 (PTI) The Indian government has moved
the Supreme Court asking it to review and recall two crucial
clauses of the July 5 order banning Special Police Officers
(SPOs) in the anti-naxal operations in states like
Chhattisgarh.
In the petition, which was filed on Friday, the Home
Ministry sought the recall of the two paras, 75 (ii) and 76,
on the ground that they were against the spirit of the
Constitution.
Para 75 (ii) of the apex court's order asks the "Union of
India to cease and desist, forthwith, from using any of its
funds in supporting, directly or indirectly the recruitment of
SPOs for the purposes of engaging in any form of
counter-insurgency activities against Maoist/Naxalite groups".
Para 76 of the order held the "appointment of SPOs to
perform any of the duties of regular police officers, other
than those specified in Sections 23(1)(h) and 23(1)(i) of
Chhattisgarh Police Act, 2007, to be unconstitutional".
Sources said, the Home Ministry has pointed out that
under the Constitution, policing was exclusively in the domain
of the executive and, judiciary could not interfere in it.
It has also asked the court to adhere to the doctrine of
separation of powers and also the well-settled principle of
judiciary not interfering in policy decisions taken by the
executive.

Sources said the petition has been prepared by Additional
Solicitor General Harin Raval and Attorney General Goolam E
Vahanvati.
The Centre is expected to argue before the apex court that
its order disbanding and disarming tribals, deployed as SPOs,
will not only affect the anti-naxal operations but also fight
against militants in Jammu and Kashmir as well as in the
Northeast, where similar sets of people were engaged by the
state governments.
Indian Home Minister P Chidambaram had also said that the
Supreme Court judgement would have an impact on the anti-Naxal
operations and the Centre was planning to call a meeting of
Naxal-affected states to review the situation.