Supreme Court Refuses To Entertain Plea Seeking National Internal Security Council To Address Organised Crimes
The Supreme Court has refused to entertain a plea seeking a writ of mandamus or directions to the Centre to set up a national level agency responsible for addressing organised crimes and extend beyond state borders.
In the matter a judicial order was sought for, to establish a National Internal Security Coordination Council (NISCC) to deal with organized crimes especially smuggling, crimes operating terrorist, human cybercrimes, beyond state trafficking, boarders, narcotics insurgency and large-scale political violence.
However, considering the subject matter and the nature, a bench of Chief Justice of India D.Y. Chandrachud, Justice J.B. Pardiwala and, Justice Manoj Misra observed, “The directions which have been sought pertain to the legislative and policy domain. Hence, this Court would not be justified in exercising the jurisdiction under Article 32 of the Constitution”.
AOR Sureshan P appeared for the petitioner.
In the matter, even before the counsel could start the arguments, Justice Chandrachud asked, “How can we setup a National Internal Security Coordination Council? It is clearly a matter of policy”.
“Your lordship kindly see 2006 judgment, there is a far reaching observation from this court”, said Sureshan in response.
The 2006 judgment of the Supreme Court, that Sureshan in his arguments heavily referred to was Prakash Singh v. Union of India (2006) 8 SCC 1, where the Court had directed all the States and Union Territories to bring in police reforms. The Public Interest Litigation (PIL) was filed by an IPS Officer, Prakash Singh post retirement in 1996. Singh had served as DGP of Uttar Pradesh and Assam Police.
Through the judgment, the directions were passed to set up a State Police Complaints Authority (SPCA) providing a platform to the common people aggrieved by police action. It had further directed to set up State Security Commissions (SSC) and a National Security Commission.
However, noting the abovementioned directions, the Court then asked the relevance of the judgment to the present case.
The plea also sought the following prayers:
-to pass a Judicial order to setting up a National Internal Security Coordination Council (NISCC) under the control of a committee constituted by the president of India on the recommendation of the Chief Justice of India.
-to pass a Judicial order to constitute a high power committee to formulate guidelines in respect of appointment, transfer and take disciplinary actions against the members of the proposed National Internal Security Coordination Council (NISCC).
-to pass a judicial declaration that Once a National Internal Security Coordination Council (NISCC) is constituted then the national and state level investigation agencies across the country will come under the direct control and supervision of the said council and no legislative body or elected government has any control over it other than formulating regulations and providing financial supports.
Accordingly, the bench dismissed the petition.
Cause Title: Agnostos Theos v. Union Of India & Ors
