Army should dispose of explosives: court

[sidmis]

Army should dispose of explosives: court
as reported in Express News Service, August 26, 2008

Chandigarh, August 25 A PIL seeking directions to the Union government, Ludhiana Deputy Commissioner and the Custom authorities to dispose of a “huge stock of explosives” lying at Dhandari Kalan Dry Port, Ludhiana, since October 2004 came up for resumed hearing on Monday.
Even as the counsel for the Union government said it was the state government’s responsibility to dispose of the stock, Chief Justice Tirath Singh Thakur observed that the Army should dispose of the explosives.

The petitioner, advocate H C Arora, had submitted that according to information received by him under the Right to Information Act from Assistant Commissioner of Customs Container Freight Station (CONCOR), Ludhiana, the stock of explosives includes 55 stick bombs, 365 grenades, 54 boxes of bottle bombs, one box of ballistic cartridges, 215 golas (tope) medium, 857 mortar shells, 234 rockets, 1 drum magazine filled with live cartridges, one box of medium cartridges, three large bomb shells, 17 gun golas (32 miles), 6908 cartridges MMG, 1007 medium gun shells, 189 small gun shells, one unknown bomb, 392 small gola (tope) cells, 891 anti-aircraft cartridges, 239 cartridges (A/T), 30 base rockets and 11 grenades (A/P).

Army should dispose of explosives: court - Express India

[colnrkurup]

Army has specifically assigned duties and responsibiliies. With no disrespect to the judiciary/Chief Justice, if the Chief Justices of all States/UTs start issuing such orders to the Army, they will be embarrassed.I doubt the validity/legality of the above orders. The Army does not interfere with anything outside their direct responsibility. Of cource there are orders issued by Cental Government called "Aid to Civil Powers " for the Army/state governments to follow. The State government is empowered to seek Army's assistance whenever the situation demand or rather when the situation go out of their control.. In such eventualities, the state government does not control Army's actions; but required to hand over the situation to the Army . Then the Army will decide by themselves as to what to do furher.

In the above case, if the responsibility is that of the State Government, no one can interefere with it lawfully. If the State government find it beyond their capability to tackle the issue, they can seek the help from the Army. Untill a formal request iis made by the concerned state government for help, the army will not budge under any circumstances in normal situations. Of course the State government has to bear the expenditure involved as decided by the Army based own laid down yad-stick. Now this forum know what is the position of the above orders of the Chief Justice.