Wednesday, July 13, 2011

Slawa judum and supreme court

·         Salwa judum was a result of excessive delegation from legislature to executive
·         Chattisgarh police act 2007 allowed for SPOs but left most of it to discretion of executive
·         CH said SPOs were appointed only for non combant rôle as guides and intelligence gathering
·         Even Indian police act 1861 allows for SPOs. But It has several conditions like approval from magistrate etc. the chattigarh police act ahs no such provisions.
·         But evidence shows they were invovled in combats
·         SPOs were provided arms according to CH for self defence
o   But SPOs were not trained in law and illiterate to know instances of self defence
·         SC directed CH to end the SPOs
·         SPOs were made to do all duties that a full time police personnel would do but were paid only honororium.  This amounted to violation of article 14
·         Article 21 was also violated as state deployed the SPOs in battlefields without giving them necessary education and support
·         Also SC criticised central government for its hands off approach on issue
o   Acc to article 355 , union must ensure that state government acts in accordance with constitution

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