Supreme Court tells Chhattisgarh government to implement NHRC recommendations on Salwa Judum
Salwa judum ‘atrocities’: Apex court seeks report - The Economic Times, Sept. 20, 2008
Anti-Naxal Salwa Judum faces axe over rights abuse - The Times of India, Sept. 20, 2008
Implement NHRC recommendations on Salwa Judum, Supreme Court asks Chhattisgarh government - The Hindu, Sept. 20, 2008
Salwa judum ‘atrocities’: Apex court seeks report
NEW DELHI: Expressing concern over the National Human Rights Commission’s (NHRC) report over the “atrocities” committed by the counter-naxalite salwa judum movement in Chhattisgarh, the Supreme Court on Friday asked the state government to come up with its stand on the remedial measures. The court asked the government to file its response before elections in the state schedule to be held later this year.
A bench comprising Chief Justice K G Balakrishnan, Justice P Sathasivam and Justice J M Panchal said: “Part I of the report (filed by NHRC) speaks of various atrocities committed by salwa judum.” “When somebody is given arms he is bound to commit crime. It is a serious offence. Who is responsible for it” ? asked Justice Balakrishnan speaking for the bench.
Perusing parts of the exhaustive report of NHRC, the court said, ”Salwa judum has committed serious offences. The people are subjected to serious problems”.
Further, the NHRC report has recommended remedial measures to be taken by the state government, said Justice Balakrishnan.
The court asked the state government to detail the remedial measures it has taken while posting the matter for further hearing on October 23.
Senior counsel K K Venugopal appearing for state said that the government will submits its objections to the NHRC report. When another senior counsel Ranjit Kumar appearing in the case sought more time saying that the elections in the state were scheduled to be held around November, the court said, “It has nothing to do with elections”.
Earlier, the court had asked the NHRC to probe the allegations of human rights violations by the salwa judum (Peace Mission) in the state in response to the petitions filed by noted sociologist Nandini Sundar, historian Ramachandra Guha, E A S Sarma and activist Kartam Joga challenging the setting up of salwa judum.
The petitioners had alleged that in the guise of countering the naxal movement, the salwa judum was indulging in killings and committing atrocities against tribals. They had sought a direction to the state government to refrain from “supporting and encouraging” the salwa judum.
The government, however, had said that naxal menace in the state has reached alarming proportions and it cannot stifle any people’s initiative in the form of salwa judum movement to combat the violent illegal activities of the ultras. Centre also had backed the state government’s stand on the issue.
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Anti-Naxal Salwa Judum faces axe over rights abuse
NEW DELHI: Salwa Judum, created by the Chhattisgarh government to counter the Naxal menace, may have to be scrapped as the National Human Rights Commission (NHRC) fact-finding report, submitted to the Supreme Court on Friday, accused it of grave human rights violations. The NHRC report was highly critical of the Salwa Judum activists’ high-handed behaviour and human rights violations. It also made no bones about the severe excesses being inflicted by the Naxalites on the poor tribals, who appeared to be caught between the devil and the deep sea.
If the report is going to put the Raman Singh government in a spot, it also appears to be in agreement with the recent report of the Administrative Reforms Committee terming Naxal operations akin to terrorist activity. The BJP government in the state may have to think of an alternative to village defence groups (Salwa Judum) soon, for the apex court not only agreed with the NHRC findings but reiterated its disapproval of a state arming private persons to tackle Naxals.
The over 100-page report, which will soon be made public as directed by the court, said 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 a Bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and J M Panchal after perusing the report.
Directing the registry to give copies of the report to state counsel K K Venugopal and additional solicitor general Gopal Subramaniam, who appeared for the Centre, as well as the petitioners, the Bench told the state government to take urgent remedial measures as suggested by the NHRC. When Venugopal said the state was going to elections possibly in November and that the state would require more time to implement the NHRC report, the Bench said, “If the state elections are round the corner, it is more important that you take urgent steps.”
The Bench was hearing a PIL filed by sociology professor Nandini Sundar, historian Ramachandra Guha and retired bureaucrat E A S Sarma. They have sought a series of directions — withdraw state support to Salwa Judum, probe their excesses, register FIRs relating to crimes committed by Judum activists and compensate and rehabilitate those who suffered at their hands. Though it is a BJP-ruled state, the UPA government through Subramaniam had during an earlier hearing made a strong pitch for continuance of the Salwa Judum as a counter to the Naxals’ unchallenged run in the Bastar and Dantewada regions.
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Implement NHRC recommendations on Salwa Judum, Supreme Court asks Chhattisgarh government
Commission report painful; it says the self-defence group is armed and committing atrocities
Whatever is urgently required, do it: CJI
It is not state-sponsored, but a people’s initiative to combat naxalites: government
New Delhi: The Supreme Court on Friday asked the Chhattisgarh government to implement some of the recommendations of the National Human Rights Commission, which went into the activities of the Salwa Judum (self-defence group) set up by the State to tackle naxal menace.
Earlier, the NHRC submitted, in a sealed cover, a report to the court, which had asked it to probe the allegations that the Salwa Judum, which had been provided with arms, was committing atrocities on innocent people.
A Bench comprising Chief Justice K.G. Balakrishnan and Justices P. Sathasivam and J.M. Panchal was hearing a petition filed by Nandini Sundar, Ramachandra Guha and E.A.S. Sarma. They challenged the setting up of the Salwa Judum which, they alleged, was indulging in killings and committing atrocities on tribals in the guise of countering the naxal movement.
The Chief Justice, who perused the NHRC report, told senior counsel K.K. Venugopal, appearing for Chhattisgarh, that the commission “has done a meticulous work. It has given a series of recommendations. It is very painful to read the report. It says there is arson and looting, people are armed and they [Salwa Judum] are committing serious offences. It says people who are subjected to serious problems are still afraid of coming out.”
The Chief Justice observed: “When somebody [Salwa judum] is given arms, he claims to be a pseudo police. Once he is given arms, he will commit an offence though he has no right to do any such act. Some remedial measures have been suggested in the report and the State may consider implementing them. Whatever is urgently required to be done, do it.”
Mr. Venugopal 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 parties and asked them to file their response, and posted the matter to October 23.
The petition said the Salwa Judum was launched to combat naxalites but in reality these activists conducted frequent raids on villages and attacked and killed suspected sympathisers of naxalites, torched their houses and looted livestock.
In defence of 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.”
Additional Solicitor-General Gopal Subramaniam appeared for the Centre and counsel Nithya Ramakrishnan, for the petitioners.