Govt cannot arm people in naxal-hit areas: SC

The government cannot arm common men or those associated with Salwa Judum, a people's movement to combat naxalism in Chhatisgarh, to curb the unlawful activities of naxalites, the Supreme Court said. "We do not underestimate the enormity of the problem (naxalism). But state should not encourage the commonman by arming them to fight naxalites," a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam observed on Thursday. The Bench said that "arming common men will create a dangerous situation...unless legal powers are vested, you can't arm people." The Bench expressed its concern that such has been the law and order situation in the naxal affected areas that the common people are virtually in a dilemma on how to tackle the problem facing them. "Common men are under dilemma whether to support the government or naxalites," the Bench observed when senior advocate K K Venugopal, appearing for Chhatisgarh, said that "naxalites are running a government within the government". The court made the observations while perusing the action taken report (ATR) filed by the Chhatisgarh government on the recommendations made by the National Human Rights Commission (NHRC) in its report. The NHRC had probed the alleged human rights violation by Salwa Judum in Chhatisgarh and had pointed to incidents of burning and killing on which FIRs were not registered and cases of high-handedness of the Special Police Officers, civilians armed with weapons to fight naxals. The Bench was of the view that instead of arming common men, the state governments should properly utilise the funds granted to them under schemes sponsored by the Centre for the economic upliftment of the villagers and tribals. "Huge amounts are being allocated under National Rural Employment Guarantee Scheme (NREGS). The state governments should utilise it properly to economically empower them (villagers and tribals) and to improve the infrastructure," it said, adding that "armimg common men was not a remedy to counter naxalism". Senior advocate T R Andhyarujina, appearing for those on whose petition the apex court had ordered an NHRC probe, said the "state is not permitted to create a private body". Denying that common people were armed to counter outlaws in Chhatisgarh, another senior advocate Ranjit Kumar appearing for it, said "that is not happening". He said "Salwa Judum is dying out. We are strengthening our police force". Kumar said Salwa Judum came into existence as a means to counter the activities of naxalites. His submission was supported by his senior colleague Venugopal who said "Salwa Judum has practically disappeared" but the activities of outlaws are alarming and continuing uninterrupted and was evident with the recent incident in Maharashtra where 15 policemen became their victims. He said the law and order situation in naxal affected areas cannot be treated in a simple way.

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