NEW DELHI: The Union government has approached the Supreme Court alleging "unexpected, unjustifiable and unpardonable acts of the state government" by non cooperation and contemptuous behaviour in providing logistics, accomodation and security apparatus to CISF personnel deployed at R G Kar Medical College and Hospital at Kolkata.
The troops were posted in terms of the top court's order on August 20 and 22 in suo motu matter with regard to rape and murder of a PG doctor over there on August 9 and subsequent attack and vandalism at the hospital.
In an application, the Ministry of Home Affairs sought a direction the West Bengal government to extend full cooperation to the CISF or urged the top court to initiate contempt action against the state government officers.
The MHA alleged the state government willingly not making efforts towards finding a solution to the problem and rather, causing injustice to the residents of its own state.
"Due to non-availability of accommodation, security gadgets and paucity of transportation, duty personnel are facing a lot of difficulties in performing duties coming from various locations, especially the lady contingent, which is highly detrimental considering the present situation in the State of West Bengal," the application alleged.
Alleging "unexpected, unjustifiable and unpardonable acts of the state government", the MHA said, it would be in interest of justice to all that the state government extends cooperation to CISF, so that its personnel are able to perform their duty without any inconvenience.
"A state government, duly elected by the people of the State, is supposed to be fair in its conduct, especially when it concerns the security of its residents. It may also be noted when a suggestion was put forward before this court to deploy CISF for adequate security at Hospital, the state government through its counsel stated that there is no objection if such a course of action is adopted," it said.
The safety of doctors and women doctors in particular, must be the top priority for the State of West Bengal, it contended.
In its application, the Ministry claimed, "non-cooperation was not expected from a state government in a tense situation such as the present one".
"The inaction of the State of West Bengal, despite repeated requests, is symptomatic of a systemic malaise wherein such non-cooperation with central agencies operating under court orders, is the norm. The same amounts to wilful non-compliance of the orders of this court," it alleged.
The application claimed the CISF personnel deployed at the Hospital, after SC orders of August 20 and 22 are facing severe difficulties due to lack of accommodation and lack of basic security infrastructure.
The troops are presently staying at CISF Unit SMP, Kolkata despite the constraints being faced by the accommodating unit. The traveling time from SMP Kolkata to R G Kar Hospital is nearly one-hour from one side and it is difficult to discharge duties effectively and to mobilise CISF troops to duly and promptly respond during contingencies, it contended.
The Home Ministry has also taken up the matter with the Chief Secretary on September 2 for adequate logistics arrangement and the security gadgets, but there has been no response, it claimed.
"Such wilful non-compliance of the orders of this court on the part of a state government is not only contemptuous but it also goes against all the constitutional and moral principles which the State should abide by," it said.
The plea contended such a course of action has been adopted by the state government to willingly create hurdles and to jeopardise the larger solution oriented approach adopted by this court by way of initiating the present proceedings.
As many as 184 personnel of various ranks including 54 female staff have been deployed at the hospital but the Kolkata police have provided only two Buses, one MLV and 01 pickup van. The number of vehicles and other logistical support requested by the CISF was much larger. Further, no accommodation or security gadget has been provided by the police which was their bounden duty was per the undertaking before this
court, it said.
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