Delhi HC dismisses plea of 30 ITBP Jawans seeking redeployment at Indian Mission in Afghanistan

The Delhi High Court has dismissed a petition moved by 30 personnel of Indo Tibetan Border Police (ITBP) seeking direction to redeploy them at the Indian Mission in Afghanistan in place of the officials who have served maximum period of service.

Petitioners also sought directions not to remove them from the panel of personnel to be deployed in Afghanistan.

The division bench of Justice Rajiv Sahai Endlaw and Justice Amit Bansal in an order passed on August 3 dismissed the petition of ITBP personnel and said that the petitioners as personnel of armed force like ITBP can be posted anywhere based on the requirement of the force.

"They have no vested right to be deployed in Afghanistan. Rather it amazes us that in view of the dangerous situation prevailing in Afghanistan currently, the petitioners are keen to be deployed there," the order said.

"The petitioners in the present case have raised issues which are purely administrative in nature, being with regard to the deployment of the personnel of the respondent ITBP at a foreign mission, de-induction and re-induction therefrom, who should be repatriated and who should be retained. These are purely administrative matters and decisions are taken based on the exigencies of the situation," Court noted.

In exercise of the jurisdiction under Article 226 of the Constitution of India, Courts said it cannot dictate where and how personnel of the respondent, ITBP should be posted.

"This would amount to taking over the running of the respondent, ITBP as well as the Government of India, which the Courts are ill-equipped to do," the court said.

However, the court took on record the submission made by the counsel for the respondent, ITBP, to the effect that those of the petitioners whose posting in Afghanistan lasted less than three months will be considered for fresh deployment in terms of the Policy document of the respondent dated February 11. "Respondents will be bound by the same," the court also noted.

The present petition was filed by 30 petitioners belonging to the ITBP, who were posted at Consulate General of India (CGI), Kandahar, Afghanistan between August-September, 2020 and February 2021.

The tenure of posting of the petitioners was to be for a term of two years. On account of disturbance and unrest in Afghanistan, it was decided by the Government of India to temporarily stop its operation in CGI, Kandahar and to send officials posted therein, including the petitioners, back to India, as a precautionary measure.

The petition sought direction to redeploy the petitioners at the Indian Mission, Afghanistan in place of the officials who have served maximum period of service, not to remove the petitioners from the panel of personnel to be deployed at Afghanistan, and to prepare a list of personnel including the petitioners who have served a minimum period of service in Afghanistan in ascending order for the purposes of re-deployment, in place of the officials who have served maximum period of service, as and when vacancies arise.

Petitioners also sought direction not to transfer the petitioners to a new place of posting and not to suspend the diplomatic passports as well as visas issued to the petitioners.

( With inputs from ANI )