MCLEOD RUSSEL (INDIA) LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner is a public limited company. Its registered office is at 4, Mangoe Lane, Kolkata-1. It is engaged in the business of tea. It has tea plantations in the State of Assam. Along with this company there are others who own tea plantations in that state. Learned senior counsel for the writ petitioner Mr. Poddar tells me that there is a 200 kilometre corridor in Assam where these tea plantations are situated. The area is disturbed. It is highly volatile. There is a constant threat of damage to the tea gardens, the establishments connected with them and their owners and staff from miscreants. Their acts of vandalism are often carried out with terrorist like precision.

(2.) In those circumstances the consortium of owners of tea gardens approached the government of Assam for protection. This government realised that this threat from miscreants could not only cause immense financial loss to the tea plantation owners but could also be detrimental to the economy of the State. A force was created by the Assam Government. It was called the Assam Tea Plantation Security Force (ATPSF). Members of this force comprised of policemen as well as home guards. It was placed under the Directorate of Civil Defence and Home Guards. The administrative control rested with the Director General of Police and Commandant General of Home Guards, Assam.

(3.) The Indian Tea Association and the government of Assam on 29th October, 1993 signed a memorandum of understanding. Under it members of this force were deployed in the area covered by tea plantations to protect the planters and their property.