4 companies of forces to leave hills

TT, New Delhi: The Supreme Court on Monday allowed the Centre to withdraw four more companies of armed forces from Darjeeling and Kalimpong, leaving only four companies in the state.

The directive came amid strong protests from the Bengal government, which cautioned that a "very very serious" situation would arise if the forces were withdrawn.

The apex court had on October 27 permitted the Centre to withdraw seven companies of the CAPF but said eight companies should be retained in the state.

One company has around 100 personnel.

A bench of Chief Justice Dipak Misra passed the directive on Monday after attorney-general K.K. Venugopal asserted that courts should not be interfering in policy matters as the issue of deployment was "purely in the executive domain".

The apex court was hearing a petition by the Centre challenging a Calcutta High Court judgment restraining it from withdrawing 15 companies of the CAPF from the Darjeeling hills and relocating them for elections scheduled in Himachal Pradesh.

When the matter came up hearing on Monday, senior advocate Kapil Sibal, appearing for the Bengal government, referred to a November 18 circular by the Centre saying that the additional director-general of police of the states would report to the Union government on the requirement of forces and decisions on deployment or withdrawal would be taken on its basis.

"If you withdraw the eight companies, there will be a very, very serious situation," he cautioned.

Sibal argued that it was a question of cooperative federalism and the Centre must respect the state's views.

However, Venugopal said: "According to me, it is purely an executive order."

"Let me withdraw all the companies," he added.

The bench, however, permitted the Centre to withdraw four companies and let the remaining four remain in the state until further orders.