Terror attacks: SC notice to Centre on PIL to equip police

New Delhi, Dec 12 (PTI) India's Supreme Court Friday
issued notice to the Centre on a Public Interest Litigation
(PIL) seeking direction for equipping police and security
forces with modern weapons and devices to combat and counter
terror attacks like the one in Mumbai.

A Bench headed by Chief Justice K G Balakrishnan sought
response from the Ministry of Home Affairs on the petition
filed by former Attorney General (AG) Soli J Sorabjee alleging
that the terrorist attacks in Mumbai have exposed that weapons
used by police are no match to the arms and ammunition carried
by the terrorists.

Earlier, the Bench, which also includes Justice P
Sathasivam, was of the view that arming police personnel with
sophisticated weapons like AK 47 at public places would only
scare people.

"Police should be equipped with modern weapons but at
the sensitive places. In public places like the railway
stations arming police with AK 47 would only scare people,"
the Bench observed during the brief hearing when the PIL was
mentioned.

Senior advocate Mukul Rohatgi, who appeared for Sorabjee,
finally convinced the Bench to issue the notice.

After Rohatgi narrated incidents of the November 26
Mumbai terror attacks, particularly with reference to shooting
at Chattrapati Shivaji Terminus, where the ill-equipped police
failed to counter the offensive of the terrorists, the Bench
agreed to issue notice asking the Centre to respond within a
week so that the matter could be heard in January. (

Sorabjee, who was the AG during the previous National
Democratic Alliance (NDA) government, pointed out 18 major
terrorist incidents since the 1993 Mumbai serial blasts, to
support his contention for imparting training and arming the
police force with modern weapons to thwart any further attack
while creating an atmosphere where citizens' right to life is
protected.

Rohatgi said killing of police personnel wearing
bullet-proof jackets, including Anti-Terrorist Squad Chief
Hemant Karkare, at the CST terminus speaks volume on the
nature of the equipment supplied to the police force.

While police at the CST were countering with 303 assault
rifles, terrorists were armed with deadly weapons, he said
adding that NSG commandos deployed to flush them out reached
Mumbai only after nine hours of the attacks and had to be
transported by the BEST bus in the absence of special
vehicles.

Sorabjee, who was the Chairman of the Police Reforms
Committee, contended that the shortcoming of police and
security forces emerging from the Mumbai terror attacks
establish the violation of Article 21 of the Constitution
which calls for protection of life and liberty of citizens,
without which, other fundamental rights are incapable of being
exercised.

Rohatgi said it is common to see politician surrounded by
NSG and SPG personnel for their protection and argued that
citizens cannot be exposed to terrorist attacks.

Hearing this submission, the Bench quipped, "Is your
government not aware of all these things?"

Rohatgi replied that the PIL was filed not to blame
someone but with the intention that right to life of citizens
should be protected as there have been reports that there was
some actionable intelligence in relation to Mumbai attacks
which could have been averted if some action was taken.

Sorabjee, in his petition, said if the prayer sought, is
not granted, the entire nation will suffer irreparable losses
and injuries and will put national security of the country at
stake. PTI