State can't arm people to fight Naxals: SC

New Delhi, Apr 6 (PTI) The Supreme Court of India on
Wednesday disapproved the idea of arming local people to
counter the Maoists and sought an explanation from the eastern
Indian state of Chhattisgarh for creating an anti-Naxal armed
group of special police officers -- Koya Commandos.
"What is this Koya Commandos? How are they appointed
and how are they given training etc? It is very dangerous..,
giving them arms to fight," a bench comprising justices B
Sudershan Reddy and S S Nijjar said.
The bench directed the state government to file an
affidavit on the raising of Koya Commandos and also state
under what rule they were being supplied arms and ammunition.
It posted the matter for further hearing on April 15.
"The affidavit will tell under which rule the Koya
Commandos are appointed and under which rule they are given
arms and ammunition? We must know it," the bench said, while
making it clear that the affidavit has to be filed by a senior
officer.
The special police officers have been given the name
Koya Commandos after a tribe in the Dantewada region.
It was not for the first time that the apex court has
expressed its concern over the creation of armed anti-Naxalite
group. In February 2009 also it had questioned how the
government could arm common people or those associated with
Salwa Judum, a people's movement to combat the Maoists in
Chhatisgarh.
The court had said the state should not arm common
people and encourage them to fight Naxalites as "it will
create a dangerous situation".
However, the Chhattisgarh Government has maintained
that Salwa Judum was a dying movement and it was not giving
any encouragement to it.
The court passed the order while hearing a petition
against the existence of Salwa Judum in Naxal-infested regions
of the state to fight the Maoists.
The petition had been filed by sociologist Nandini
Sundar, historian Ramchandra Guha, former bureaucrat E A S
Sarma and others seeking a direction to the state government
to refrain from allegedly supporting Salwa Judum.
During the hearing, Swami Agnivesh informed the court
about last month's incident when he was attacked by a group of
people -- allegedly consisting of SPOs and Salwa Judum
volunteers -- when he was visiting a Naxal region near
Dantewada with activists of the Art of Living of Sri Sri Ravi
Shankar.
The Chhattisgarh government informed the bench that it
has already ordered an inquiry by the district and sessions
judge, Bastar, into the incident and the notification in this
regard was issued on Tuesday.
Senior advocate Harish Salve, appearing for the state
government, however, sought liberty from the court to persuade
Chief Minister Raman Singh to order an inquiry by a
Chhattisgarh High Court judge.

Salve said this was necessary considering the
sensitivity of the incident and because of the different
versions about it.
"Notwithstanding any advice he (the Chief Minister)
may be getting, I will ask him to consider appointing a High
Court judge for holding inquiry into the incident," Salve
along with advocate Atul Jha said, adding that it was required
as the conflicting versions were coming out in media about the
incident as the society was divided into pro and anti-Maoist
groups.
They alleged that the police has recorded the speech
of Agnivesh which was "pro-Maoist."
"We don't go by media reports," the bench said, asking
the state government to file an affidavit.
Earlier, advocate Nitya Ramakrishnan placed an
affidavit on behalf of Agnivesh and said Salwa Judum was still
active and the Chief Minister was indulging in double speak as
no FIR has been lodged against any of its members as per the
recommendation of the NHRC (National Human Rights Commission).
The advocate said the state government should also
consider the report of Harsh Mander, who has been appointed as
Commissioner on Food Security by the apex court to visit the
villages of Tadmetla, Morapalli and Timapuram in Chhattisgarh
where food scarcity and hunger deaths were reported.
It was during the visit to these villages Agnivesh was
allegedly attacked by some people whom he claimed were members
of Salwa Judum and special police officers.
He had visited the villages after reports appeared
that several houses were destroyed and some women were
allegedly raped by the security forces.
The apex court has been monitoring the steps taken by
the state government to disband Salwa Judum and also the
measures taken by it for the relief and rehabilitation of the
tribals who are caught in the crossfire between the Maoists
and the security forces.
It has also asked the authorities to free schools and
ashrams from the occupation of the security forces.