Chhattisgarh gets around SC order, clears law for anti-Naxal armed force

Ashutosh Bhardwaj

Raipur: Two months after the Supreme Court held that the deployment of Special Police Officers in the fight against Naxals was illegal, the Chhattisgarh Assembly last evening passed an Act authorising an “auxiliary armed force” to “assist security forces in dealing with Maoist/Naxal violence” and legalising existing SPOs by inducting them as members.

The Chhattisgarh Auxiliary Armed Police Force Act came into force with retrospective effect from July 5, the day the apex court passed its order.

“Despite anything contained in any judgement, order or decree of any court, each person working as SPO on the date this Act came into force will have a right to remain at the post,” says Section 11(3) of the Act.

“The Supreme Court termed giving arms to tribal youths employed as SPOs illegal… But this Act clearly says ‘Armed Force’,” said Congress MLA Mohammad Akbar, accusing the state of contempt of court.

The government  said the Supreme Court had only pointed at the illegality of process under which the SPOs were employed. “We have given legal status to SPOs. Their payscale and training have been legalised,” Home Minister Nankiram Kanwar said.

Provisions of the Act

* Authorises an “armed auxiliary force” to deal with Naxals

* While minimum educational qualification is Class V, if an existing SPO is ineligible, he/she will be given requisite education.

* A member of the force is to be given around Rs 7,000 monthly, double of what the existing SPOs get.

* Members are to be given six-month training in arms, community policing and gathering intelligence.

* In case a member dies, his/her family will receive Rs 5 lakh relief, plus a government job.

* Members will be eligible to be recruited under Class III services of the state police.Courtesy:TheFinancialExpress.

Bill FOR SPOs PASSED IN C’GARH HOUSE

 Rabindra Nath Choudhury |

In a significant development, the Chhattisgarh Assembly late on Thursday night passed State Auxiliary Force Bill to absorb Special Police Officers (SPOs) in the force.
Following this, the SPOs — tribal cops recruited on ad-hoc basis to fight Naxals in Bastar — have been disbanded as per the recent directive of the Supreme Court.
All the 6,000 SPOs will be absorbed in the proposed force, state home minister Nankiram Kanwar said.
The Bill has been drafted to suit SPOs for their induction in the auxiliary force. For an example, it has been made mandatory for an aspirant jawan of the force to know the local language and topography. The minimum educational qualification required for joining the force has also been lowered to Class 5. “The auxiliary force will now be raised in each district of insurgency-hit Bastar taking all former SPOs. Later, such forces will also be created for other regions in the state,” Mr Kanwar said.
A panel headed by local inspector-general of police (IG) will be formed to select the jawans.Courtesy:TheAsianAge

Staged gunfights: Congress walks out of Chhattisgarh assembly

Raipur, Sep 9: The opposition Congress in Chhattisgarh Friday walked out of the state assembly after charging the police with branding tribals as Maoists and killing them in staged gunfights.

Raising the issue in the state assembly, Congress members cited the case of a village head who was picked up by paramilitary troops and was later found killed.

“People are feeling terrorised by the police in the entire tribal belt of the state because many innocent tribals have been killed in fake encounters by the police and paramilitary troopers,” Chhattisgarh Congress chief Nandkumar Patel said.

He asked home minister Nankiram Kanwar to respond to his charges about the alleged rape and murder of a 16-year-old girl, Meena Khalko, in the northern district of Surguja July 6.

In the southern district of Dantewada, a 30-year-old village head, Madkami Massa, was picked up from his village Aug 5 by the Central Reserve Police Force (CRPF) and allegedly shot dead in a staged gunfight.

Kanwar refuted the charges and said that a judicial probe into the girl’s killing and a magisterial inquiry into village head’s killing were on.

He turned down the demand for either a CBI or a judicial probe into the killing of the village head saying, “Massa was killed in an encounter with a CRPF combing squad that comprised 105 men.”

The home minister’s statement was countered by Kawasi Lakhma, Congress legislator from Konta, where the village head was killed.

Lakhma said: “Massa, the head of Chikpal village, used to wear a lungi like other tribals but the CRPF forcibly made him wear a Maoist uniform to make a cold-blooded murder look like an encounter.”

He asked the Chhattisgarh government to order a CBI probe. “Let the people know the truth behind the killing,” he said.

The Congress, which has 39 members in the 90-member state assembly, staged a walkout when the home minister said: “A magisterial inquiry is enough.” –IANS .Courtesy”IANS

Salwa Judum review plea hearing on September 22

J. Venkatesan

The Supreme Court on Friday posted for hearing on September 22 the Centre’s application seeking recall/review of its order declaring illegal and unconstitutional the appointment of tribal youth as Special Police Officers/Salwa Judum by the Chhattisgarh government to counter Maoist violence.

A Bench of Justices B. Sudershan Reddy (since retired) and S.S. Nijjar had passed the order on the writ petition filed by social anthropologist Nandini Sundar and others. The Centre sought recall of the order insofar as it pertained to references against the Union government in paragraphs 75 (ii) and 76, on the ground that they were against the spirit of the Constitution.

This application was listed for hearing on Friday before a Bench of Justices Altamas Kabir, S.S. Nijjar and Gyan Sudha Misra. But Solicitor-General Rohinton Nariman suggested that since the order on the Centre’s application to recall the order in the ‘black money’ case was to be pronounced on September 20, the present application could be heard thereafter. For, that order relating to maintainability would have a bearing in this case also.

The Bench accepted the request and posted the matter to September 22.

In its application, the Centre said: “In Para 75 (ii) the court directed the Centre to cease and desist forthwith from using its funds for supporting, directly or indirectly, the recruitment of SPOs for being engaged in any form of counter-insurgency activities against Maoists/Naxalites.

In Para 76, the court held that the appointment of SPOs to perform any of the duties of regular police officers, other than those specified in Sections 23(1)(h) and 23(1)(i) of the Chhattisgarh Police Act, 2007, was unconstitutional.”

The Centre said that under the Constitution, policing was exclusively in the domain of the executive and the judiciary could not interfere in it.

The Union government said the court order directing disbanding and disarming of tribals, deployed as SPOs, would affect not only anti-Naxal operations but also its fight against militants in Jammu and Kashmir as well as in other States and in particular, the northeast.Courtesy:TheHindu.

Govt to soon decide on review of Salwa Judum order

The Centre will in the next few days decide if it will seek a review of the recent Supreme Court ruling on disbanding Salwa Judum and disarming tribals deployed as Special Police Officers (SPOs) in operations against Maoists, Home Minister P Chidambaram said.

Replying to supplementaries during Question Hour in Rajya Sabha, Chidambaram said his ministry, in consultation with the Law Ministry, is examining directions to the central government in the apex court ruling on Salwa Judum.

He said the “very elaborate” Supreme Court ruling gave directions on where SPOs can be engaged and where they cannot. The court also gave directions to Chhattisgarh government and the Centre.

“This judgment has far reaching implications. We have to approach this matter with due caution and care,” he said.

Asked if central government has decided to seek a review of the decision, he said, “We will take a decision (on it) in the next few days.”

The Chhattisgarh government has promulgated an ordinance to absorb the SPOs posted in Maoist areas into the regular police force. The Chhattisgarh Auxiliary Armed Police Force Ordinance, 2011 “is within the legislative powers of the State of Chhattisgarh,” the Minister said.

The ordinance dealt with one part of the judgment and the larger issue raised was under consideration of the Home Ministry. “A direction has also been given by the Supreme Court to the central government to cease and desist, forthwith, from using any of its funds in supporting, directly or indirectly, the recruitment of SPOs by the state governments for operations against the naxalites,” he said.

“Government of India is examining those directions (to the central government) in consultation with Law Ministry,” Chidambaram said.

The Home Minister said SPOs are engaged in nine states, including Jammu and Kashmir, under a long-standing arrangement.

The court on July 5 directed Chhattisgarh government to immediately cease and desist from using SPOs against naxalite activities in the state and recall all firearms issued to them.

“I am sure authorities or agencies who have been issued directions will carry out those directions,” he said.

The Chhattisgarh ordinance provides for raising an auxiliary armed police force battalion to absorb the SPOs in the regular force. Chhattisgarh has roughly 5,000 SPOs.

The Supreme Court held the appointment of SPOs by the state of Chhattisgarh to perform any of the duties of regular police officers, other then helping people in relief measures during the disaster situations and facilitating orderly movement of people and vehicles to control and regulate traffic, to be unconstitutional.

Chidambaram said Rs2,500 crore was allocated for development of Naxal-violence affected districts in 2010-11 and Rs3000 crore in 2011-11. “In all the affected districts, a very large number of works have been taken up and completed.” PTI

Chhattisgarh CM hints on filing review petition against SC verdict on SPOs

New Delhi, : Chhattisgarh Chief Minister Raman Singh on Saturday said that the state government was mulling over filing a review petition in the Supreme Court against its order of appointing tribals as Special Police Officers (SPOs) in its Salwa Judum counter-insurgency operation against the Maoists.

Singh said that the state government would continue its efforts to maintain peace and order in the state along with abiding the apex court’s directives.
“The matter is in the Supreme Court. A judgment was given and we have to abide by directives given by the Supreme Court, to be followed in six weeks’ time. The state government would continue its work to maintain peace and order in the state, keeping the directives issued by the Supreme Court in mind, there is no second thought about it,” he said on the sidelines of the 83rd Foundation Day of Indian Council of Agricultural Research (ICAR) here.
Singh further said that the state government was consulting senior lawyers Harish Salve and Arun Jaitley for filing a review petition against the judgment.
“We have taken advice from senior counsel, (Harish) Salve, (Arun) Jaitley and some others, we are definitely pondering over taking it forward for review,” he added.
On July 5, the apex court asked the Chhattisgarh Government to stop appointing tribals as SPOs in its anti-Maoist operation.
An apex court bench comprising Justices B Sudershan Reddy and S S Nijjar said the eligibility criteria, which includes the educational qualification and training of the tribals to combat Maoists goes against the provisions of the Constitution.
The apex court further said that creation of Koya Commandos and Salwa Judum was in violation of the Constitution.
The Special Police Officers (SPOs) have reportedly been given the name of Koya Commandos after that of a tribe in Chhattisgarh’s Dantewada region.
Salwa Judum, or peace march, was an anti-Maoist organisation that was launched in 2005 as a people’s resistance movement against the Maoist rebels.CourtesyANI