SC directs Chhattisgarh govt on Salwa Judum atrocities

Taking serious note of the National Human Rights Commission's (NHRC) alarming report over the atrocities committed by the alleged state-sponsored Salwa Judum, a counter-naxalite outfit in Chhattisgarh, the Supreme Court on Friday directed the state government to take remedial measures and file its response before Assembly polls scheduled later this year.

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Posting the matter for next hearing on October 23, the court asked the state government to come up with the details of the remedial measures it had taken.

A three-member bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and J M Panchal said: “The report filed by NHRC complaints innumerous atrocities committed by Salwa Judum.”

“When somebody is given arms he claims to be a seudo police and commits crime. It is a grave offence. Who is responsible for that,” asked the Chief Justice, speaking for the bench adding that, how can such things be allowed to happen in a civilised society. It is the responsibility of the state to protect the lives, properties and rights of the people. How can private individuals are allowed to take law in their hands.

The court was hearing the petitions filed by noted sociologist Nandini Sunder, historian Ramachandra Guha and activist Kartam Joga defying the setting up of Salwa Judum.

Earlier the court had ordered the NHRC to probe the allegations of human rights violations by the Salwa Judum in the state. NHRC's fact-finding team found prima facie evidence of human rights violations and excesses committed by the Salwa Judum activists.

"The allegation is that the state is arming private persons. You can deploy as many police personnel or armed forces to tackle the menace. But, if private persons, so armed by the state government, kill other persons, then the state is also liable to be prosecuted as abettor of the murder,” said the Bench.

Two years ago, the Delhi-based Asian Center for Human Rights, in a report in March 2006, had found children in the ranks of the Salwa Judum.

The petitioners had alleged that anti-social elements and miscreants are taking advantage of Salwa Judum movement and harassing, looting and killing innocent people in the state by dubbing them naxalites.

Defending Salwa Judum, the Chhattisgarh government said: “It is not state-sponsored, but a people’s initiative to combat the menace of naxalites. The State is committed to resolving the problem of naxalism, and any peaceful movement which resists violent methods definitely gets support of States.”

Senior counsel K K Venugopal appearing for Chhattisgarh assured the court that the government would implement the recommendations “which are of immediate concern.”

The Bench asked the Registry to supply copies of the NHRC report to the concerned parties and asked them to file their response, and posted the matter to October 23.

Earlier this month, the international humanitarian organisation, the Human Rights Watch (HRW) has warned India to scrap the use of children in hostility works that cause them at the risk of injury and death.

Censuring State Police action, it has stated that police have supported the Salwa Judum, the anti-Naxalite armed forces constituted by local villagers to fight against Naxal attacks, but they have used children in violent attacks as a part of anti-Naxalite campaign.