'Not contempt': SC refuses to quash C'garh's anti-Naxal law
New Delhi, June 4 -- The Supreme Court has dismissed a plea challenging the Chhattisgarh Auxiliary Armed Police Force Act, 2011, holding that its enactment by the state legislature does not amount to contempt of the court's previous order that outlawed the controversial Salwa Judum militia.
Salwa Judum militia was initiated in 2005 as a counter-insurgency strategy against Maoist rebels in southern Chhattisgarh.
While refusing to strike down the 2011 legislation, a bench of justices BV Nagarathna and Satish Chandra Sharma stated in a May 15 order which was released recently, "We note that it is duty of the State of Chhattisgarh as well as the Union of India to take adequate steps for bringing about peace and rehabilitation to the residents of State of Chhattisgarh who have been affected by the violence from whatever quarter it may have arisen."
The bench noted that though the earlier order dated July 5, 2011 in the Nandini Sundar Vs State of Chhattisgarh case had directed the state to desist from using Special Police Officers (SPOs) in anti-Naxal operations, the 2011 Act did not violate or override that ruling, nor could the enactment of a law be equated to contempt of court.
"Any law made by the Parliament or a State legislature cannot be held to be an act of contempt of a Court, including this Court, for simply making the law.The passing of an enactment subsequent to the order of this Court by the legislature of the State of Chhattisgarh cannot, in our view, be said to be an act of contempt of the order passed by this Court," held the bench.
The bench added that the legislative action undertaken by the State was an exercise of its legitimate power under the Constitution.
Led by senior advocate Nitya Ramakrishnan, the petitioners - sociologist Nandini Sundar, historian Ramachandra Guha, former bureaucrat EAS Sarma, had argued that the enactment of the 2011 law was in contempt of the apex court's July 2011 judgment, which held that the practice of appointing tribal youth as SPOs and arming them to fight Maoists was unconstitutional....
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