New Delhi, Feb 05: The government cannot arm common
men or those associated with Salwa Judum, a people's
movement to combat Naxalism in Chhatisgarh, to curb the
unlawful activities of Naxalites, the Supreme Court said
on Thursday.
"We do not underestimate the enormity of the problem
(Naxalism). But state should not encourage the common man by
arming them to fight Naxalites," a Bench comprising Chief
Justice K G Balakrishnan and Justice P Sathasivam observed.
The Bench said that "arming common men will create a
dangerous situation...unless legal powers are vested, you
can't arm people."
The Bench expressed its concern that such has been the
law and order situation in the Naxal affected areas that the
common people are virtually in a dilemma on how to tackle the
problem facing them.
"Common men are under dilemma whether to support the
government or Naxalites," the Bench observed when senior
advocate K K Venugopal, appearing for Chhatisgarh, said that
"Naxalites are running a government within the government".
The court made the observations while perusing the action
taken report (ATR) filed by the Chhatisgarh government on the
recommendations made by the National Human Rights Commission
(NHRC) in its report.
The NHRC had probed the alleged human rights violation
by Salwa Judum in Chhatisgarh and had pointed to incidents of
burning and killing on which FIRs were not registered and
cases of high-handedness of the Special Police Officers,
civilians armed with weapons to fight Naxals.
The Bench was of the view that instead of arming
common men, the state governments should properly utilise the
funds granted to them under schemes sponsored by the Centre
for the economic upliftment of the villagers and tribals.
"Huge amounts are being allocated under National Rural
Employment Guarantee Scheme (NREGS). The state governments
should utilise it properly to economically empower them
(villagers and tribals) and to improve the infrastructure," it
said, adding that "arming common men was not a remedy to
counter Naxalism".
Senior advocate T R Andhyarujina, appearing for those
on whose petition the apex court had ordered an NHRC probe,
said the "state is not permitted to create a private body".
Denying that common people were armed to counter
outlaws in Chhatisgarh, another senior advocate Ranjit Kumar
appearing for it, said "that is not happening".
He said "Salwa Judum is dying out. We are strengthening
our police force". Kumar said Salwa Judum came into existence
as a means to counter the activities of Naxalites.
His submission was supported by his senior colleague
Venugopal who said "Salwa Judum has practically disappeared"
but the activities of outlaws are alarming and continuing
uninterrupted and was evident with the recent incident in
Maharashtra where 15 policemen became their victims.
He said the law and order situation in Naxal affected
areas cannot be treated in a simple way.
"The law and order situation is not normal. It is an
extreme situation (in Naxal infested areas)," the senior
advocate said.
However, the court repeatedly reminded the Chhatisgarh
government that Salwa Judum was getting its support and this
fact has found mention in the NHRC report.
This was refuted by Venugopal who said arms like
country made weapons were procured by Salwa Judum in illegal
manner like Naxalites.
The Bench, however, said it was difficult to accept
that logic. "It is difficult to accept your submission. Our
view was that Salwa Judum was getting arms from the state
government," it said.
Meanwhile, the court adjourned the matter for four
weeks asking the petitioners to file their reply to the ATR
placed by the Chhatisgarh government in which it elaborated
on steps taken on the recommendation of the NHRC.
The court asked the state government to supply the copies
of the FIR annexed by it in the ATR to the petitioners.
The Chhatisgarh government in its report said pursuant to
the NHRC recommendation it has registered FIRs against the
Special Police Officers who have been found guilty of
misconduct. Schools which were used for stationing the
security forces have also been vacated.
Further, relief work has been undertaken in 206 villages
and now around 35,000 people are in relief camps.
The state government had assured the Supreme Court that
further action would be taken on the recommendation of the
NHRC.
In an exhaustive report supported by documents, NHRC
had inquired into alleged human rights violations by activists
of Salwa Judum in Chhattisgarh even as the Centre had approved
the state government's stand.
Bureau Report
First Published: Thursday, February 05, 2009, 00:00