New Delhi, August 13
The Centre has filed a petition in the Supreme Court seeking a review and recall of the judgment prohibiting the use of special police officers (SPOs) for dealing with Naxalites in Chhattisgarh and other states. In the petition, the government has contended that policing was its exclusive domain under the Constitution and the judiciary virtually had no role in it.

The Centre has specifically expressed reservation over two aspects in the July 5 verdict delivered by a Bench comprising Justice B Sudershan Reddy (who has since retired) and Justice SS Nijjar.

In this regard, it has cited paragraphs 75 and 76 in which the court directed the Centre to desist from providing funds to states for hiring tribals as SPOs and to ensure that SPOs did not function as regular police officers. The Centre has sought modification of the SC order disbanding the armed SPOs, consisting of tribals and locals, for combating Naxals in Chhattisgarh, saying that it would lead to escalation of violence by left-wing extremists (LWEs).

The Home Ministry also said the apex court’s July 5 order had wider implications as it was not only restricted to Chhattisgarh but was applicable to the entire country.

The court's verdict is coming in the way of funding by the Centre to other states affected by the Naxal menace and the LWEs where SPOs are appointed, it contended.

“...the directions contained in the order are so wide that the injunction directing applicant, i.e. the Centre 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, can be read as an injunction which may be held applicable to the entire country.

“It is therefore respectfully submitted that the directions issued go beyond the reliefs prayed for by the petitioners in respect of Chhattisgarh and hence, imperative need to file present application has arisen,” the application said.

The MHA said the BJP government in Chhattisgarh had already issued an ordinance for creating the Chhattisgarh Auxiliary force to absorb SPOs, who have been rendered jobless and because of the promulgation of the ordinance “the entire basis of July 5 order of the apex court has ceased to exist. It is respectfully submitted that it is a settled legal proposition that executive powers connote the residual of governmental function that remains after legislature and judicial functioning are taken away,” the application said.

The application said “the order is silent on engagement of SPOs in non-Maoist insurgency-affected states” like Jammu and Kashmir and those in the North-East.

The Centre said that the order required modification as it was passed after hearing only the Chhattisgarh Government and other LWE-affected states were not heard. “Whereas the applicability of the order was widened to all LWE-affected states which is unsustainable considering the fact that there were no complaints whatsoever about the conduct of SPOs in other LWE-affected states. The other LWE-affected states were not heard in the matter. To the said extent, the order is violative of the principles of natural justice,” it said.