ID :
201107
Sun, 08/14/2011 - 02:27
Auther :
Shortlink :
https://www.oananews.org//node/201107
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Centre seeks modification of SC verdict banning SPOs in C'garh
New Delhi, Aug 13 (PTI) The Centre has moved the Supreme
Court seeking modification of its order disbanding the armed
Special Police Officers (SPOs), consisting of tribals and
locals, for combating naxals in north Indian state
Chhattisgarh, saying that it would lead to escalation of
violence by left wing extremists (LWE).
The Home Ministry also said the apex court's July 5 order
has wider implications as it is not only restricted to
Chhattisgarh but is applicable to the entire country.
The court's verdict is coming in the way of funding by
the Centre to other states affected by naxal menace and the
LWE where SPOs are appointed, it contended.
"...the directions contained in the order are so wide
that the injunction directing applicant, i.e. the Centre to
cease and desist, forthwith, from using any of its funds in
supporting, directly or indirectly, the recruitment of SPOs
for the purposes of engaging in any form of counter insurgency
activities against Maoists/Naxalites groups, can be read as an
injunction which may be held applicable to the entire country.
"It is therefore respectfully submitted that the
directions issued go beyond the reliefs prayed for by the
petitioners in respect of Chhattisgarh and hence, imperative
need to file present application has arisen," the application
said.
The MHA said the Bhartiya Janta Party(BJP) government in
Chhattisgarh has already issued an Ordinance for creating
Chhattisgarh Auxiliary force to absorb SPOs, who have been
rendered jobless and because of the promulgation of the
Ordinance, "the entire basis of July 5 order of the apex court
has ceased to exist."
"It is respectfully submitted that it is a settled legal
proposition that executive powers connotes the residual of
governmental function that remains after legislature and
judicial functioning are taken away," the application said.
The application said "the order is silent on engagement
of SPOs in non-Maoist insurgency-affected states vis-a-vis
Jammu and Kashmir and north-eastern states".
The Centre said that the order requires modification as
it was passed after hearing only Chhattisgarh government and
other LWE-affected states were not heard.
"Whereas the applicability of the order was widened to
all LWE-affected states which is unsustainable considering the
fact that there were no complaints whatsoever about the
conduct of SPOs in other LWE affected states. The other LWE
affected states were not heard in the matter. To the said
extent, the order is violative of the principles of natural
justice," it said.
Further, the Government said sudden withdrawal of 28,566
SPOs from LWE-affected states will adversely affect the law
and order situation in these states and result in serious
threat to the lives of these very SPOs and may also lead to
escalation of violence by left wing extremists on local
population.
The MHA contended that the apex court order wrongly
equated Salwa Judum, anti-Vigilante group, and SPOs as one and
the same.
"However, these two are different. Whereas Salwa Judum is
a movement started by local people as a revolt against the
excesses and torture by the Naxalites, the SPOs are appointed
by the state governments to act as guides to the security
forces because they are locally recruited and have better
knowledge of the terrain and local language. They are also
source of intelligence for the security forces," the
application said.
Listing several grounds for modification, it also said
the order restraining the Chhattisgarh government and the
Centre from arming SPOs by terming its as "unconstitutional"
is "directly contrary to the well established doctrine of
separation of powers and negates the Constitutional framework
of federalism."
A bench comprising Justices B Sudershan Reddy and S S
Nijjar had given the order on a petition filed by sociologist
Nandini Sundar, historian Ramachandra Guha, former bureaucrat
E A S Sarma and others.
The petition had sought a direction to the state
government to refrain from allegedly supporting Salwa Judum
(vigilante force) comprising about 2,000 tribals who help the
police and security forces in the Bastar region, including in
Bijapur and Dantewada districts of Chhattisgarh, in the fight
against Maoists.
Court seeking modification of its order disbanding the armed
Special Police Officers (SPOs), consisting of tribals and
locals, for combating naxals in north Indian state
Chhattisgarh, saying that it would lead to escalation of
violence by left wing extremists (LWE).
The Home Ministry also said the apex court's July 5 order
has wider implications as it is not only restricted to
Chhattisgarh but is applicable to the entire country.
The court's verdict is coming in the way of funding by
the Centre to other states affected by naxal menace and the
LWE where SPOs are appointed, it contended.
"...the directions contained in the order are so wide
that the injunction directing applicant, i.e. the Centre to
cease and desist, forthwith, from using any of its funds in
supporting, directly or indirectly, the recruitment of SPOs
for the purposes of engaging in any form of counter insurgency
activities against Maoists/Naxalites groups, can be read as an
injunction which may be held applicable to the entire country.
"It is therefore respectfully submitted that the
directions issued go beyond the reliefs prayed for by the
petitioners in respect of Chhattisgarh and hence, imperative
need to file present application has arisen," the application
said.
The MHA said the Bhartiya Janta Party(BJP) government in
Chhattisgarh has already issued an Ordinance for creating
Chhattisgarh Auxiliary force to absorb SPOs, who have been
rendered jobless and because of the promulgation of the
Ordinance, "the entire basis of July 5 order of the apex court
has ceased to exist."
"It is respectfully submitted that it is a settled legal
proposition that executive powers connotes the residual of
governmental function that remains after legislature and
judicial functioning are taken away," the application said.
The application said "the order is silent on engagement
of SPOs in non-Maoist insurgency-affected states vis-a-vis
Jammu and Kashmir and north-eastern states".
The Centre said that the order requires modification as
it was passed after hearing only Chhattisgarh government and
other LWE-affected states were not heard.
"Whereas the applicability of the order was widened to
all LWE-affected states which is unsustainable considering the
fact that there were no complaints whatsoever about the
conduct of SPOs in other LWE affected states. The other LWE
affected states were not heard in the matter. To the said
extent, the order is violative of the principles of natural
justice," it said.
Further, the Government said sudden withdrawal of 28,566
SPOs from LWE-affected states will adversely affect the law
and order situation in these states and result in serious
threat to the lives of these very SPOs and may also lead to
escalation of violence by left wing extremists on local
population.
The MHA contended that the apex court order wrongly
equated Salwa Judum, anti-Vigilante group, and SPOs as one and
the same.
"However, these two are different. Whereas Salwa Judum is
a movement started by local people as a revolt against the
excesses and torture by the Naxalites, the SPOs are appointed
by the state governments to act as guides to the security
forces because they are locally recruited and have better
knowledge of the terrain and local language. They are also
source of intelligence for the security forces," the
application said.
Listing several grounds for modification, it also said
the order restraining the Chhattisgarh government and the
Centre from arming SPOs by terming its as "unconstitutional"
is "directly contrary to the well established doctrine of
separation of powers and negates the Constitutional framework
of federalism."
A bench comprising Justices B Sudershan Reddy and S S
Nijjar had given the order on a petition filed by sociologist
Nandini Sundar, historian Ramachandra Guha, former bureaucrat
E A S Sarma and others.
The petition had sought a direction to the state
government to refrain from allegedly supporting Salwa Judum
(vigilante force) comprising about 2,000 tribals who help the
police and security forces in the Bastar region, including in
Bijapur and Dantewada districts of Chhattisgarh, in the fight
against Maoists.
