LI Network
Published on: 17 August 2023 at 09:34 IST
A Public Interest Litigation (PIL) seeking the establishment of a National Internal Security Council to address organized crime in the country, including activities such as smuggling, interstate trafficking, cybercrimes, and significant political violence, was dismissed by the Supreme Court on Monday, Agnostos Theos V. Union Of India & Others.
The PIL also called for all national and state-level investigation agencies to be placed under the authority of such a body.
The Apex Court justified its decision by explaining that the relief sought by the PIL was in the realm of policy-making and legislative authority, making it beyond the scope of the court’s writ jurisdiction.
The bench, consisting of Chief Justice D Y Chandrachud, Justice J B Pardiwala, and Justice Manoj Misra, stated in their dismissal of the PIL:
“The directions sought fall within the legislative and policy domain. Consequently, this Court cannot appropriately exercise jurisdiction under Article 32 of the Constitution.”
The PIL had requested several remedies, including a directive for the Central Government to establish a national-level agency to combat crimes such as smuggling, large-scale political violence, narcotics insurgency, and interstate trafficking.
It further urged the formation of a “National Internal Security Coordination Council,” governed by a committee established by the President and recommended by the Chief Justice.
Additionally, the PIL called for a committee to develop guidelines for the appointment, transfer, and conduct of council members. Moreover, the PIL sought a declaration that once the Council is established, all national and state-level investigation agencies would be subject to its direct control and supervision.
According to the proposal, the Council would be beyond the control of legislative bodies or elected governments, except for the creation of regulations and the provision of financial support.