Apex court to hear plea against SPOs’ disbanding Sep 22September 9th, 2011 - 11:40 pm ICT by IANS
New Delhi, Sep 9 (IANS) The Supreme Court will hear Sep 22 the central government’s plea for the recall of its order on the disbanding of Chhattisgarh’s special police officers (SPOs) after it decides on maintainability of a plea for the recall of its order on black money.
As a bench of Justices Altamas Kabir, S.S.Nijjar and Gyan Sudha Misra took up the matter for hearing, Solicitor General Rohinton Nariman said that the court’s verdict on the plea for the recall of black money order would have a bearing on order disbanding SPOs engaged in anti-Maoist operations.
The apex court verdict on the maintainability of its application seeking the recall of its order on black money will be delivered on Sep 20.
Nariman told the court that the apex court verdict and order of July 5 disbanding the SPOs and directing the central government 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 Maoists/Naxals” would adversely impact the operation of auxiliary forces all over the country.
Besides the central government, the court has been moved for the recall and modification of the July 5 order by the Chhattisgarh government and the Central Bureau of Investigation (CBI).
The central government, in its application, said that it is a settled legal proposition that the executive powers connotes the residual governmental functions that remain after the legislative and judicial functioning are taken away.
“It is a well recognized legal principle that executive functions comprises not only determination of policy but also carrying it into execution,” the application said.
It further said that the July 5 order has the effect of “completely eliminating the role and constitutional responsibility of the executive (government) which itself is answerable to parliament” and “directly interfere with the functions and obligations of the executive”.
The court was also told that Chhattisgarh has promulgated the Chhattisgarh Auxiliary Armed Police Force Ordinance to set up auxiliary armed police forces in the state to aid and assist the security forces in the maintenance of public order and prevention, control and combating of Maoist violence and insurgency.
In order to neutralize the impact of July 5 judgment, section 11 of the Ordinance reads: “Notwithstanding anything contained in any judgment, order or decree of any court, every person serving as a Special Police Officer on the date of this Ordinance, for a period of six months from the date of this Ordinance, be deemed to be a member of the Chhattisgarh Auxiliary Armed Police Force.”
The ordinance was issued on July 5 itself - the day the apex court’s order was passed.