LexNANDINI SUNDAR AND ORS. versus STATE OF CHATTISGARH
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A B c [2011] 8 S.C.R. 1028 ' NANDINI SUNDAR AND ORS. V, STATE OF CHATTISGARH (Writ Petition (Civil) No. 250 of 2007) JULY 05, 2011 [B. SUDERSHAN REDDY AND SURINDER SINGH NIJJAR, JJ.] Constitution of India, 1950: Constitutional norms and values - Held: Constitution promises to eac.i. and every citizen, complete justice-social, economic and political - Such a promise, even in its weakest form and content, cannot condone policies that tum a blind 0 eye to deliberate infliction of misery on large segments of our population - On facts, violation of human rights of people of Dantewada District and its neighbouring areas in the State of Chattisgarh - Approach of lawless violence(counter- insurgency operations) in response to violence by the Maoist/ E Naxalite insurgency in the State of Chattisgarh, has not, and will not, solve the problems, and instead it would only perpetuate the cycles of more violent, both intensive and extensive, insurgency and counter-insurgency. Articles 14 and 21 - Public interest litigation - Counter- F insurgency operations launched by the State of Chattisgarh against Maoist/Naxalites extremists in the State of Chattisgarh - Violation of human rights of people of Dantewada District and its neighbour areas in the State of Chattisgarh - Writ Petition - A/legation that State of Chattisgarh was actively G promoting criminal activities of Salwa Judum, or sometimes called Koya Commandos, thereby further exacerbating the ongoing struggle, and leading to further widespread violation of human rights; and that barely literate tribal youth are appointed as Special Police Officers (SPO) and given H 1028 NANDINI SUNDAR AND ORS. v. STATE OF 1029 CHATTISGARH firearms to undertake tasks that only formal police force could A undertake - Direction by Supreme Court to Union of India to file an affidavit regarding its role f n the appointment of SPOs - Affidavit filed by the Union of India to the effect that its role is limited only to approving the total number of SPOs and the extent of reimbursement of honourarium paid to them and B thus, the Union of India· abdicated its responsibilities - State of Chattisgarh and the Union of India acknowledged that the SPOs are actually involved in combat with the Maoist/ Naxalites and are placed in direct danger of attacks without adequate safety that formal security" would possess - Given c their educational levels, the training provided to them is not adequate - Manner of use of firearm is not consonant with the concept of self-defence - Involving ill-equipped barely literate youngsters in counter-insurgency activities cannot be said to be creating livelihood for them - They (SPOs) are 0 expected to perform all the duties of police officers, yet paid only an honorarium - Appointment of SPOs is temporary and once it is over, their life would be in danger - Thus, the appointment of tribal youth as SPOs in counter-insurgency activities has endangered and will necessarily endanger the E human rights of the others in the society - It is violative of Article 21 and 14 - Thus, Central Bureau of Investigation directed to immediately take over the investigation as also take appropriate legal action against all individuals responsible for the said incidents - The State of Chattisgarh directed to immediately cease and desist from using SPOs F in controlling, countering, mitigating or eliminating Maoist/ Naxalite activities in the State; to make every effort to recall all firearms issued to any of the SPOs; to make arrangements to provide appropriate security, and take necessary measures to protect those who had been employed as SPOs previously, G or given any initial orders of selection/appointment; and to , take all appropriate measures to prevent the operation of any ' group, including but not limited to Salwa Judum and Koya Commandos - Union of India also not to use any of its funds in supporting the recruitment of SPOs for engaging in any H. 1030 SUPREME COURT REPORTS (2011) 8 S.C.R. A form of counter-insurgency activities - CBI directed to submit its preliminary status repor1' within six weeks - The State of Chattisgarh and the Union of India also directed to submit compliance reports with respect to all the orders and directions issued within six weeks. B Olga Tellis v Bombay Municipal Corporation (1985) 3 sec 545 • referred to. State policies designed to combat terrorism and extremism - In
Excerpt shown. Read the full judgment & AI analysis in Lexace.