In a recent verdict, the Supreme Court of India dismissed a Public Interest Litigation (PIL) that called for the establishment of a National Internal Security Council to oversee national and state-level investigating agencies. The court, comprising Chief Justice D Y Chandrachud, Justice J B Pardiwala, and Justice Manoj Misra, held that while the PIL's intentions were commendable, the relief sought pertained to matters of policy, falling under the jurisdiction of the legislature rather than the judiciary.
The PIL advocated for the creation of an Internal Security Council to enhance coordination and supervision among investigating agencies, ensuring their actions adhere to legal norms. It sought the establishment of a national-level agency to combat crimes like smuggling, political violence, narcotics insurgency, and inter-state trafficking. Additionally, it proposed the creation of a National Internal Security Coordination Council under the control of a committee formed by the President upon the Chief Justice of India's recommendation. The PIL asserted that the proposed council should not be subjected to legislative control once established.
The Supreme Court's rationale for dismissing the PIL was outlined in a detailed judgment. While appreciating the petitioner's concerns about potential abuse of power and lack of transparency within investigating agencies, the court stressed that the relief sought was of a policy nature. It noted that excessive supervisory bodies could lead to confusion and hinder the efficiency of these agencies. The court highlighted the role of the judiciary and statutory commissions, such as the National Human Rights Commission (NHRC), in overseeing law enforcement agencies and upholding citizens' rights.
The court emphasized the importance of maintaining a balance between accountability and the autonomy of investigating agencies in performing their duties effectively. It underscored that the existing legal and institutional mechanisms are designed to ensure transparency and accountability within these agencies. While appreciating the petitioner's concerns, the court reiterated its commitment to upholding the rule of law and citizens' rights.
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