Sudershan Reddy and Justice SS Nijjar on 5 July 2011 declared Salwa Judum as illegal and unconstitutional. The court ordered the immediate disarming of tribal youths who are deployed as Special Police Officers- either as Koya Commandos, Salwa Judum or any other force- in the fight against the Maoist insurgency.
The court gave the ruling in response to writ petition filed by social anthropologist Nandini Sundar and others. The ruling given by the court indicted the Chhattisgarh state for violating Constitutional principles in arming youth who had passed only fifth standard and conferring on them the powers of police.
The bench held that the policy of the Chhattisgarh state violated the rights under Articles 14 and 21 of the Constitution of those who were employed as SPOs and used in counter-insurgency measures against Naxalites as well as of citizens living in the concerned areas.
The bench asked the state of Chhattisgarh to recall all firearms issued to any of the SPOs. The word firearm means all forms of guns, rifles, launchers etc.
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