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These Are Policy Matters. At Best, Centre Can Direct States: SC Dismisses Plea Challenging Salary Cut Orders Of Police

Sanya Talwar
5 May 2020 2:31 PM GMT
These Are Policy Matters. At Best, Centre Can Direct States: SC Dismisses Plea Challenging Salary Cut Orders Of Police
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The Supreme Court on Tuesday dismissed a plea seeking quashing of Government orders of salary cuts towards Police personnel.

A bench comprising Justices Ashok Bhushan, Sanjay Kishan Kaul & BR Gavai noted that the issue was a policy matter which could not be entertained under an Article 32 petition.

"This is a policy matter, a policy issue. We can't pass orders but you can approach the Government as representation. We can give you the liberty to withdraw the petition. Police are on the front line, yet their salaries are being deducted. There is on uniform policy to guide on this. some states are doing while some are not. Can we direct the states? At best central can look into it and this can be given as suggestion" - Supreme Court.

In light of this, Senior Advocate Devdutt Kamat withdrew the petition and the bench dismissed it as "withdrawn".

The Bench also added that issues surrounding government decisions during COVID19 were being challenged in the Court extensively.

"It seems everyone is an expert in covid related matters. No other petitions are coming." - Three Judge Bench of the Supreme Court.

Former Assistant Commissioner of Police, Mr. Bhanupratap Barge had moved the Supreme Court seeking a direction to the Central Government to make provisions for payment of 'risk and hardship' allowance to the police officers who are serving on the frontline amid the COVID-19 pandemic.

Petitioner had also sought that the circulars whereby several state governments have announced to deduct the salaries of the police personnel should be withdrawn forthwith.

Petitioner had further submitted that the Government was obligated to protect rights of the police personnel under Articles 14, 19, and 21 of the Constitution.

"The Respondents have also a duty to, not only provide incentives to the police personnel, but also to ensure that they are incentivised for the additional duty of ensuring the proper implementation of the lockdown," Plea contended. 

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