The Assam Rifles, a Central paramilitary under dual control of the Defence and Home Ministries, may finally be under the exclusive control of the latter as is the case with other paramilitary forces.
The move is likely against the backdrop of a petition before the Delhi High Court that granted 12 weeks’ time to the Centre to take the decision to the effect by holding meetings between the stakeholders.
The writ petition was filed by the Assam Rifles Ex Servicemen Welfare Association (All India) before the High Court underscoring the grievance that Assam Rifles, being a Central Armed Police Force (CAPF) or paramilitary of the Centre, being under the dual control of the Ministry of Defence (MoD) and Ministry of Home Affairs (MHA), unlike other CAPFs which are under the control of MHA only and of the prejudices which such dual control results in, to the personnel of Assam Rifles.
“Considering the nature of the controversy, instead of directing counter affidavit to be filed, the Additional Solicitor General (ASG) (Sanjay Jain) appearing for the respondents in the matter was requested to have the matter resolved and from time to time orders have been passed and on a look thereat, it appears that in-principle decision has already been taken that Assam Rifles, like other CAPFs, to fall under the exclusive control of MHA,†the Court noted in its recent order.
The final decision, however, has not been taken. The petitioner had sought directions for implementation of the decision, including through judicial order.
On ASG’s contention further six months’ time is required for taking the decision due to the prevalent Covid-19 situation, the Court noted, “We find the matter to be pending for the last nearly three years. The matter involves servicemen/ex-servicemen and whose interest is not only to be paramount, but is proclaimed from various platforms of the Government, to be paramount. When a decision of such paramountcy is required to be taken, there should be no such delay therein.â€
However, after hearing the ASG and deferring to his request, the court granted further 12 weeks’ time by way of last opportunity, for the decision to be taken.
The court also directed SK Shahi, Joint Secretary (P-II) (CAPFs) in the MHA who is the Nodal Officer for making arrangements and for scheduling meetings for the decision to happen to ensure that the meetings between whosoever are required for the purposes of taking the decision, are held from time to time so as to culminate in a decision, one way or the other, before the next date of hearing.
“We are informed that several persons mentioned below will be required to participate in the said decision making. We accordingly request the Hon’ble Ministers of Home and Defence, the Secretaries, Ministry of Defence and Ministry of Home Affairs, the Chief of Army Staff and the Director General of Assam Rifles, and all other persons involved in the decision making, to cooperate in the decision making within the aforesaid time and in compliance of this order,†the Bench of Justices Rajiv Sahai Endlaw and Asha Menon noted.
If no decision is taken by the next date, the court directed Shahi to remain present in person on the next date of hearing on December 14.
At present, the administrative control of the Assam Rifles is with the Home Ministry and the operational control is with the Defence Ministry. The Force is deployed along the frontier with Myanmar and engaged in law and order roles in the Northeast along with the Army.
