PRADEEP NANDRAJOG,RAMCHANDRA SINGH JHALA,J. - (1.) The factual backdrop leading to filing of the present petition is that the Home Guards organization was raised in India in the erstwhile State of Bombay in the year 1946 for the purpose of assisting the police in controlling civil disturbances and communal riots. With the passage of time the service of the Home Guards was utilized throughout India for purposes as diverse as maintenance of law and order and providing help in natural calamities like floods, fires, famines etc.
(2.) On November 29 and 30, 1966 a meeting was held in the office of Director General, Civil Defence Ministry of Affairs to discuss the organization of the Border Wing of the Home Guards in Punjab and Rajasthan. The salient features of minutes of said meeting are being noted herein under:- "1. The DGCD welcomed the Commandants General Home Guards of the Punjab and Rajasthan and stated that the August-September 65 operations had brought out following in regard to Home Guards:- (a) Rural Home Guards in close proximity to the Border had understandably become involved in the protection of their villages, families and properties and where warranted, in their evacuation, and had, as such, responded to the call up notice. The response from rural Home Guards living somewhat back had on the other hand been very encouraging. (b) There was a need for a better organised, disciplined and trained Home Guards set up in the border areas which could be mobilised quickly for use within its own border district or even elsewhere when warranted. For this purpose it should be somewhat removed from the immediate vicinity of the border. (c) There had been a demand from the BSF organization for assistance, which though most necessary, could be adequately provided from the existing Home Guards organization. 2. As a result of considerable discussion it was agreed that bearing in mind the need for utmost economy there was necessity to form a Border Wing of the Home Guards in the Punjab and Rajasthan with the following additional roles over and above those already laid down for the urban and rural Home Guards:- (a) In normal times and during periods of tension on the border to assist in providing local security to border villages and thereby boost the morale of the inhabitants to stick on to their land and to pose as a deterrent against pilferage from across the border. (b) To protect the lines of communication in times of emergency and to assist the local administration in tackling problems of internal security in the borders areas; and (c) When required, to provide sub units as auxiliaries to the BSF in defence of the border including patrolling along the border and in fighting infiltrators. 3. It was agreed that there was a need for one Battalion of the Border Wing of the Home Guard for each of the three border districts in the Punjab and the four border districts of Rajasthan. In view of the problem of involvement of people living in close proximity to the border in the protection of their villages and possessions and therefore their likely non availability of Home Guards call up, it was further agreed that:- (b) Along the Rajasthan border the population being more spare and in some cases entirely reliable, this belt should be adjusted as under:- (i) Ganganagar District .... 5 to 25 miles. (ii) Bikaner District .... 20 to 45 miles. (iii) Jaisalmer District .... 25 to 50 " (iv) Barmer District .... 25 to 50 miles. 4. After detailed discussions the following were agreed to in regard to the organisation of these battalions:- (a) The basic section would consist of 1 Corporal, 1 Lance Corporal and 10 Home Guards. These would be recruited as far as possible from one village. In respect of Rajasthan each section should also have 3 camels. All sections including camels would function on a part time basis. This implies that the sections would be mobilised only for training, during emergencies to meet special requirements. (b) The platoon should be capable of working on a detached basis for limited periods, but only with administrative support from the Coy. HQ. for this purpose Pl. HQ would consist of Pl Commander, who would be full time to ensure effective control and training of his command. 1 Pl Sgt. and 1 Pl runner, the latter two being on a part time basis... (e) All personnel of the Bn. are to be in uniform and trained as Home Guardsmen, except the non-combatants. The staff at Bn. HQ. and Coy HQ plus the Pl. Commander are to be fulltime and paid as such. The reminder are to be on a part time basis, receiving honoraria at the following rates per month:- JUDGEMENT_161_LAWS(RAJ)4_2018_1.html 5. Training: (a) Border Wing Bns. need to be given better training than the prescribed plus the additional under consideration for the rural Home Guards. The following minimum training is thus recommended for the present, it being further reviewed as a result of experience gained:- JUDGEMENT_161_LAWS(RAJ)4_2018_2.html Both Commandants General were of the opinion that the proposed organisation of the Border Wing Bns. Would provide a well organised, trained and to mobilise for in the border districts capable of fulfilling the assigned roles. They however, felt that with the increase in the scope of such Home Guards Bns and their greater cost, the Centre should accept 75% of the liability of the initial cost and the annual recurring expenditure. It was agreed that this would be further examined in the Ministry. These minutes have been approved by the Chairman." (Emphasis Supplied)"
(3.) Vide letter September 04, 1967 the Ministry of Home Affairs forwarded the afore-noted Minutes of Meeting to the Home Ministry of Govts. of Punjab and Rajasthan.;