Government policy decisions are not subject to judicial review: HC





STATE TIMES NEWS

JAMMU: The High Court of Jammu and Kashmir and Ladakh ruled that the deployment of armed forces with the United Nations Peacekeeping Mission cannot be equated with formed police units as both played a role distinct in accordance with the UN mandate. Justice Wasim Sadiq Nargal, while denying a motion, observed that the policy made by the Indian government was reasonably classified with the objectives to be achieved and the law was established that the policy decisions of the government are beyond review. judicial. This landmark judgment was rendered by Judge Wasim Sadiq Nargal in a motion filed by Rajender Singh Saini and others seeking the quashing of Order no. II-2701234/ 2005-PF.ICHD08/ 11/2003 of 08.11.2006 issued by the Government of India, Ministry of Home Affairs, under which a sanction was granted for the granting of compensation to abroad to ITBP personnel deployed on the United Nations Mission in Congo at US$2,120 per month for officers, US$1,600 per month for junior officers and US$925 per month for other ranks, in addition to seek a writ of mandamus ordering the Respondents to reimburse the Overseas Allowance to the Applicants in accordance with the Memorandum of Understanding between the Government of India and the United Nations for the Contribution of Formed Police Units I and II to MONUC by paying the applicants the arrears of compensation with interest. Justice Wasim Sadiq Nargal, after hearing both parties, observed that the disputed order was issued by the Ministry of Home Affairs, which is a policy decision of the Indian government under which the Indian government has the power to fix the overseas allowance. depending on the rank and work assigned to personnel deployed in the formed police unit with the United Nations peacekeeping mission. Thus, the disputed order that was issued by the Ministry of Interior with respect to the allowance abroad for CPF personnel deployed in the United Nations Mission (MONUC) falls within the domain of the political decision of the Indian government and is not subject to legal recourse. review as no fault can be found with respect to the aforementioned policy.
Justice Wasim Sadiq Nargal further observed that since the United Nations, the Department of Peacekeeping Operations has deployed formed police units from various member countries to keep the peace in Kosovo, Congo, Liberia, Sudan, etc., according to the UN mandate, the MoU has been signed. between the Government of India and the United Nations Peacekeeping Mission regarding the payment to be made by the United Nations to the Government of India for the deployment of two Formed Police Units on a stand-alone basis, the requirements taking into account the strength of FPU as a structure of FPU and Command & Control may differ from country to country. “The Government of India has the power to fix the amount of OSA to be paid to officers, junior officers and other ranks. Even in the army deployed with the United Nations peacekeeping mission, the amount to be paid to officers, junior officers and other ranks is fixed by the Indian government. Since the Memorandum of Understanding was signed between the Government of India and the peacekeeping mission regarding the payment that would be made by the UN to the Government of India, as such, it is up to the Government of India to fix the amount of MSA to be paid to officers, junior officers and other ranks. Since the above-mentioned policy, which has been developed by the Government of India, has the reasonable classification with the purpose sought by the personnel of Formed Police Units cannot be equated in terms of payment of OSA and hence, no fault can be found with respect to the above policy as all BSF/ITBP staff have been paid MSA at the prescribed rate for Officers/Junior Officers/Other Ranks as decided by the Government as well as the salary that is eligible for them, which by no stretch of the imagination, may be considered unlawful enrichment of certain members of the formed police units, as claimed by the petitioner,” the Court observed.






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