SC allows Centre to withdraw forces from trouble-hit Darjeeling

Observing that law and order was a 'state subject', a bench stayed the Calcutta High Court order restraining the Centre from relocating the paramilitary forces from WB's strife-torn districts

The Supreme Court yesterday permitted the Centre to withdraw seven of the 15 companies of Central Armed Paramilitary Forces (CAPF) from strife-torn Darjeeling and Kalimpong districts of West Bengal for deployment in poll-bound states of Himachal Pradesh and Gujarat.

15 companies of Central Armed Paramilitary Forces are in strife-torn Darjeeling and Kalimpong districts of West Bengal. Pic for representation

Observing that law and order was a "state subject", a bench headed by Chief Justice Dipak Misra stayed the Calcutta High Court order restraining the Centre from relocating the paramilitary forces from the state's strife-torn districts and asked the state government to respond to the Centre's appeal within a week.

The High Court had asked the Centre to allow all 15 companies of paramilitary forces to remain in the state.

The bench, which also comprised Justices A M Khanwilkar and D Y Chandrachud, said it would examine "under which jurisdiction, the High Court can ask central government to provide or not to provide security forces".

"We will issue notice (to West Bengal government), let them file the reply. Meanwhile, we will stay the High Court proceedings," the bench said, adding that it would examine the entire issue in a "holistic" manner.

It said constitutional courts cannot remain "oblivious" to danger to lives of citizens as they are "at the zenith of the pyramid" and there has to be some kind of arrangement to protect the lives of citizens.

Additional Solicitor General Maninder Singh, appearing for the Centre, said the government also takes decisions in the interest of citizens to protect them. The law officer said if all the High Courts start ordering the Centre on deployment of forces, then a difficult situation would arise.

The bench, which posted the appeal of the Centre against the High Court order for further hearing on November 27, said the interim order allowing withdrawal of seven companies of paramilitary force would remain in force till final adjudication of the case.

The Calcutta High Court had stayed withdrawal of Central Armed Paramilitary Forces till October 27 after the state government approached it opposing the Centre's decision.

7
No of CAPF companies that the SC allowed to be withdrawn

105
No of days Darjeeling was shut down in the indefinite strike over a demand for Gorkhaland