In its petition before apex court, the Home Ministry has asked for recall of two crucial clauses of the July 5 order banning them. The Home Minstry had said that banning the Special Police officers – SPOs is against the spirit of the Constitution.
Para 75 (ii) of the apex court’s order had asked the Centre to cease and desist from using any of its funds in supporting, directly or indirectly for the recruitment of SPOs for the purposes of engaging in any form of counter-insurgency activities against Maoist groups.Para 76 of the order held the appointment of SPOs to perform any of the duties of regular police officers, other than those specified in Chhattisgarh Police Act, 2007 as unconstitutional.
Home Ministry has pointed out that under the Constitution, policing is exclusively in the domain of the executive and judiciary can not interfere in it.