Centre knocks SC door on CAPF withdrawal from Hills of North Bengal

Following the Calcutta High Court's order staying the withdrawal of Central Armed Police Force (CAPD) from the Darjeeling and Kalimpong Hills, the Union Government has moved the Supreme Court.

On Wednesday the Union Government moved the Apex Court against the Calcutta High Court order.

Incidentally the Central Government had earlier ordered the withdrawal of 10 companies of CAPF out of the 15 presently deployed in the Hills of Darjeeling and Kalimpong districts of North Bengal.

On October 17 the Calcutta High Court had stayed this asking both the Centre and the West Bengal Government to file affidavits. The next date of hearing is on October 27.

The State Government had written to the Centre to extend the deployment of troops till December 25, which however the Union Government had denied.

An Apex Court bench comprising of Justice J Chelameswar and Justice S Abdul Nazeer agreed to hear the Union Government on October 27.

Appearing on behalf of the Union Government, Advocate Wasim Quadri prayed that the CAPF be allowed to be withdrawn from Darjeeling and Kalimpong to be deployed in Himachal Pradesh and Gujarat for the forthcoming elections scheduled to be held in November and December respectively and also in the border areas.

The Central Government appeal claimed that situation was better in the Hills of North Bengal following the withdrawal of the 104 day long bandh on September 2. The further stated that this is backed by findings of different agencies.

The Centre further wanted to know from the Supreme Court if the High Court could act an appellate court and exercise its power of judicial review in matters affecting policy which requires technical expertise.

Following the tug of war over the CAPF between the Centre and the West Bengal Government, Union Home Minister Rajnath Singh had The Home Ministry asked state governments to set up a panel for examining requirements of central forces keeping in view the internal security situation.

The Home Ministry on October 18 had stated that standard operating procedures (SOPs) had been formulated for deployment of CAPFs. "CAPFs can't substitute the state police force as their deployment is related to emergency crisis in states for maintaining law and order," stated the Home Ministry communication.

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