JUGAL BARUAH Vs. UNION OF INDIA

JUDGEMENT

(1.) Both these Writ Petitions have been filed under the nomenclature of Public Interest Litigation (hereinafter referred to as PIL) seeking judicial Inter vention of this Court under Article 226 of the Constitution of India projecting the grievances against the proposed swifting of the entire establishment of Special Service Bureau (for short SSB.) from North Eastern Region (hereinafter called as N. E. Region) by the respondents-Union of India and others, for its deployment to various other places in Indo-Nepal Border in the States of West Bengal and Bihar. Since both the writ Petitions carry, a common issue based on similar and identical factual matrix, we propose to hear both the matters analogously and thereby to dispose of the same by this common order.

(2.) The entire pivot of the controversy revolves round the proposed, shifting of S. S. B. Unit from N. E. Region especially from Assam and Arunachal Pradesh to other parts of the country.

(3.) The common case, in short compass of the Petitioners is that the SSB being a Para Military Force (for short the Force) under the Ministry of Home, Govt. of India, has been formed as far back as in 1963 following the Indo-China War in-the year 1962 with specific aims and objectives to check border Infiltration providing vital intelligence in puts from the remote areas and to perform social activities for all round growth and development of rural population in remote and border areas of the N. .E. Region bordering the neighbouring countries namely Bhutan, China, Myanmar and Bangladesh. While S. S. B., manned by a strong determined Force of over 30,000 (thirty thousand) trained Volunteers working in different Divisional Headquarters located in four Divisional Headquarters of N. E. Region and other Area Headquarters spread-Ing across the seven States, has been discharging and performing their respective duties and works with utmost sincerity and committed devotion in these sensitive areas in the interest of security of the country. But suddenly the Respondents are seeking to shift the entire S. S. B. Unit from the N. E. Region to other parts of the country, namely West Bengal, Bihar and Uttar Pradesh for the reasons best known to them. Such hurried and hasty decision of shifting of this vital Organisation has been taken by the Respondents without Specifying any valid and acceptable reasons and more importantly without the knowledge and against the sentiments of the people of this Region. This unanticipated action on the part of the respondents in shifting the SSB which has already been estimated as one of the best forces for its commendable social and voluntary services in this region, without show- ing any cogent or overwhelming justification, is an arbitrary and illegal exercise of administrative powers so vested upon the respondents and therefore a mandamus has been sought not to give effect to the proposed move to shift SSB with lock, stock and barrel from this region.