The Centre has moved the Supreme Court seeking modifications of its order disbanding the armed Special Police Officers (SPOs) consisting of tribals and locals, for combating naxals in Chhattisgarh, saying that it would lead to increase of violence by left wing extremists (LWE). The Home Ministry also said the Supreme Court's July 5 order has wider implications as it is not only restricted to the State of Chhattisgarh but is also applicable to the whole country. The court's verdict is coming in the way of funding by the Centre to other states affected by Naxal violence and the LWE where SPO's are appointed, it contended.
The Centre is to cease and desist, forthwith, from using any of its funds in supporting, directly or indirectly, the recruitment of SPO's for the purposes of engaging in any form of counter insurgency activities against Maoists/ Naxalites groups, can be read as an injunction which may be held applicable to the entire country. The application said that 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 present application has arisen.
The MHA said that the BJP government in Chhattisgarh has already issued an Ordinance for creating Chhattisgarh Auxiliary Force to absorb SPO's, the entire basis of July 5 order of Supreme Court has ceased to exit.
The application said that it is respectfully submitted that it is a settled legal proposition thatexecutive power connotes the residual of government function that remains after judicial and legislature functioning are taken away.
News Reported by AR
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