Cuttack, June 17: A public interest litigation (PIL) filed in Orissa High Court has challenged the constitutional validity of the Odisha Industrial Security Force (OISF) Act on the ground that it provides for transfer of "public order work" of the state to private entities.
The petition came up for hearing today before the division bench of Chief Justice D.H. Vaghela and Justice Pradip Mohanty. However, the matter has been posted for next week after the petitioner's counsel sought time.
The OISF Act empowered creation of the Odisha Industrial Security Force for protection and security of industrial undertakings owned by the state government, private and public sector undertakings, certain other establishments and autonomous bodies.
The OISF is expected to meet the critical security needs of industries and vital installations, especially of those located in the Naxal affected areas of the state.
The petition filed by executive director of Global Human Rights Communications Subash Mohapatra has alleged that the OISF was "arbitrary and inconsistent with constitutional provisions".
"It infringes on the basic structure of the Constitution of India as the state transfers its constitutional responsibility (public order) to private entities," the PIL contends.
According to the provisions of the OISF Act, the industrial undertakings and borrowing units will bear the cost as and when they requisition the force.
The force shall be deployed on request from the management of industries and other vital installations in the private sector on payment.
"Once deployed, the force will be under the administrative control of the industrial undertaking," the petition says. It, however, contends that "it was beyond the legislative competence of Odisha Assembly to pass the Bill".
The then governor had given his assent to the bill on October 8, 2012.