Anti-Naxal Salwa Judum faces axe over rights abuse :In Response To NHRC Report, SC Asks Chhattisgarh To Take Action

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’ highhanded 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 BJPruled 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.

With thanks from the Times of India
Source:- The Times of India 20 Sep. 08 P. 12 Delhi
For any query:- legalpoint@aol.in