Calcutta HC denies army plea against building near depot

The Calcutta High Court emphasised the significance of national security as the foremost public interest. However, the court stated that the Defence Ministry, in collaboration with the Army, Navy, and Air Force, serves as the most qualified authority to make judgments in this regard. The High Court, asserting that the policy established by the Defence Ministry in the interest of national security is not subject to judicial review, rejected a plea from the Alipore Ordnance Depot commandant. The commandant had sought the cancellation of the Kolkata Municipal Corporation's permission for a private group to construct a high-rise building at 34 Diamond Harbour Road, merely 14 meters away from the Remount Road depot. This location would make the depot's armory and army fatigue stock visible. Highlighting that the government's policy imposes restrictions within 10 meters from the depot's outer wall, the court expressed its inability to adjudicate the prudence of these guidelines. Justices Arijit Banerjee and Apurba Sinha Ray, in their judgment, underscored the paramount importance of national security, considering it the most crucial public interest. They emphasised that no citizen should be allowed to undertake actions that might remotely compromise or jeopardise the nation's safety and security. The court stressed that all rights of a citizen are subservient to the protection of national safety and security when such rights are likely to adversely affect the nation's security. The High Court posed a question, asking who determines whether a particular development project is likely to endanger national safety and security. In their view, it is the Ministry of Defence, in consultation with the three Services?the Army, the Air Force, and the Naval Force.