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PIL against move to send Indian troops to Iraq
New Delhi, July 09: A city-based advocate today filed a PIL in Delhi High Court seeking direction to the Centre not to send Indian troops to Iraq except on the express request of the UN general assembly.
New Delhi, July 09: A city-based advocate today filed a PIL in Delhi High Court seeking direction to the Centre not to send Indian troops to Iraq except on the express request of
the UN general assembly.
In his petition, advocate P N Lekhi, alternatively, asked
the court to direct the government not to allow Indian armed
forces, if sent to Iraq, to work under the command and control
of the "authority" established by the us there.
"Preamble of our constitution describes India as a sovereign nation. President of India is the supreme commander of our armed forces. Allowing our troops to work under the authority established by the occupying powers would reduce the President of India to a subordinate functionary under the US President.
"It would violate India's sovereignty and therefore, be violative of the preamble of the Constitution, which is part of the basic structure of the constitution," Lekhi told a bench of Chief Justice B C Patel and Justice A K Sikri.
The court reserved its orders on the petition after Additional Solicitor General K K Sud submitted that the Centre has not taken any decision in the matter and there was nothing to suggest that such a decision was likely to be taken.
On the contrary, Sud pointed out, there were reports that the government was rethinking the matter after discussions with US officials here last month.
He further submitted that courts should not and cannot go into the foreign policy moves on such a sensitive issue of vital national interest.
Bureau Report
"Preamble of our constitution describes India as a sovereign nation. President of India is the supreme commander of our armed forces. Allowing our troops to work under the authority established by the occupying powers would reduce the President of India to a subordinate functionary under the US President.
"It would violate India's sovereignty and therefore, be violative of the preamble of the Constitution, which is part of the basic structure of the constitution," Lekhi told a bench of Chief Justice B C Patel and Justice A K Sikri.
The court reserved its orders on the petition after Additional Solicitor General K K Sud submitted that the Centre has not taken any decision in the matter and there was nothing to suggest that such a decision was likely to be taken.
On the contrary, Sud pointed out, there were reports that the government was rethinking the matter after discussions with US officials here last month.
He further submitted that courts should not and cannot go into the foreign policy moves on such a sensitive issue of vital national interest.
Bureau Report