Delhi HC ‘Amazed’ As Two Female ITBP Constables Wanted To Be Posted In Afghanistan

Justice Rajiv Sahai Endlaw and Justice Amit Bansal expressed amazement at such a plea in view of the dangerous situation prevailing in Afghanistan.

Delhi High Court (File Pic)

New Delhi: The Delhi High Court has expressed amazement as two female constables working with the Indo-Tibetan Border Police (ITBP) recently approached the court seeking redeployment at the Indian Mission in Afghanistan.

Justice Rajiv Sahai Endlaw and Justice Amit Bansal expressed amazement at such a plea in view of the dangerous situation prevailing in Afghanistan.

“The petitioners as personnel of armed force like ITBP can be posted anywhere based on the requirement of the force. They have no vested right to be deployed in Afghanistan. Rather it amazes us that in view of the dangerous situation prevailing in Afghanistan currently, the petitioners are keen to be deployed there,” the Delhi High Court said while dismissing the plea, Live Law reported.

The two female ITBP constables said they were posted in the Embassy of India at Kabul in August 2020 as security assistants for a tenure of two years.

The constables, who were re-deployed to India earlier in June this year, contested that they were entitled to a stay of two years in Afghanistan.

READ: Afghan Crisis: All Indians Citizens In Kabul Awaiting Evacuation ‘Safe’, Says Govt

They stated in their plea that their service is required in Kabul for the purpose of frisking children and females visiting the Indian Embassy at that time and they were duly trained for this.

Observing that the constables on their own can't decide where their services are required, the High Court said: “Whether there is a requirement for services of the petitioners in Afghanistan cannot be assessed by the petitioners on their own.”

“The said decisions have to be taken on the basis of administrative and operational exigencies by the respondent (ITBP) alone,” High Court added.

The High Court further said the interference by court in such matter is also not permitted.

The petition and the verdict came before the Taliban took control of Afghan capital Kabul on August 15.