Honest Dalit Judge Silenced
- Clarion Of Dalit - Weekly Newspaper On Web
Working For The Rights
& Survival Of The Oppressed
Editor: NAGARAJA.M.R… VOL.10
issue.44…… .09 / 11 / 2016
Editorial : DALIT Judge dismissed for
being HONEST ?
- An Appeal
to Honourable Chief Justice of India
Chief Judicial Magistrate of
Sukma District in Chhattisgarh state of India Mr. Prabhakar Gwal is a Dalit ,
from oppressed class. Being from an oppressed class , he best
understood the sufferings of oppressed sections of society ,
sufferings of people , tribals displaced from forests to make
way for big industries , MNCs. He understood the oppression
of common public by police , state machinery resulting
in common man’s human rights , constitutional rights violations. He
understood the machinations of state machinery to favor big
industrialists , also he understood the misuse of office by public
servants all against the rule of LAW.
Sukma CJM Mr.
Gwal sincerely did his constitutional duty , to uphold rule of law
and earned the wrath of powers that be , Criminal Nexus , he was repeatedly
interfered in his judicial duties , repeatedly transferred and now unjustly
dismissed from service without ANY ENQUIRY giving a chance for
Mr.Gwal to make out his case. Whereas some other selfish
judges turned their blind eyes to the sufferings of public ,
violations of law by public servants , intentionally failed to uphold the
law and got smooth sailing for their own career.
Hereby , We urge
the Honourable Chief Justice of India to order the
Chhattisgarh State Government :
1. To immediately reinstate Mr.Gwal into
2. To make posting at the same place ,
same court of Sukma , so that he can complete the cases concerning
the powers that be to the logical end.
3. To initiate criminal legal
prosecution against district collector , police officials , public
servants who directly & indirectly interfered in the judicial
duties performed by Mr. GWAL.
4. To initiate criminal legal
prosecution against Chhattisgarh High Court Judges who
instead of upholding rule of law , supporting Mr. Gwal in his duties took
sides with criminal nexus , powers that be and repeatedly transferred him and
now dismissed him from service without enquiry.
5. To reopen all the buried cases
which were dealt by Mr. Gwal and buried by transfer of judge Mr.
Gwal. To take action against ministers , public servants involved in
6. To initiate criminal action
against sukma district collector , police officials and
Chhattisgarh High Court Judges on charges of Atrocities
against DALIT Mr. Gwal who was repeatedly harassed
7. To initiate criminal
prosecution under anti terror laws , against present and
past chattisgarh state government ministers , central government
ministers , police officials , public servants who were and
are responsible for creation of terror outfit SALWA JUDUM ,
it’s recent terror child salwa judum – 2. These public
servants have indulged in terror acts of salwa judum , by aiding
& sponsoring it , which is against law.
Date : 30.04.2016…………………………..Your’s sincerely
Place : Mysuru………………………………Nagaraja.M.R.
1.Honourable Chairman , National Human Rights Commision (NHRC) , New
2.Justice THAKUR , Honourable Chief Justice of India ,
SUPREME COURT OF INDIA , New Delhi.
Previous CJIs and present Honourable Chief Justice of
India Justice THAKUR have failed in
their constitutional duties. It is the duty of Supreme Court of India to
Protect , Guard the constitutional rights , fundamental rights of every Indian
citizen . Since 25 years I am appealing to SCI about issues concerning public
welfare , national security , etc and as a result suffering injustices , my
constitutional rights , human rights are repeatedly violated but SCI is
mum even when repeated appeals were made to it. Paradoxically , after these
appeals for justice , I have suffered more injustices , attempts on my life
were made , physically assaulted , livelihood / jobs were denied , news
publication closed , press accreditation denied , received threatening calls ,
blank calls, even to date rough elements follow us , rough elements scout
near home at mid night. Does not these indicate some ties between rough
elements & SCI Judges ?
I ,NAGARAJA.M.R. Editor , SOS e Clarion of
Dalit & SOS e Voice for Justice (
web news papers ) hereby do declare that information given above are true to
the best of my knowledge & belief. If i am repeatedly called to police
station or else where for the sake of investigations , the losses i do incurr
as a result like loss of wages , transportation , job , etc must be borne by
the government. prevoiusly the police / IB personnel repeatedly called me
the complainant (sufferer of injustices) to police station for
questioning , but never called the guilty culprits even once to police station
for questioning , as the culprits are high & mighty . this type of
one sided questioning must not be done by police or investigating agencies . if
anything untoward happens to me or to my family members like loss of job , meeting
with hit & run accidents , loss of lives , death due to improper medical
care , etc , the jurisdictional police , revenue officials , District
Magistrate & Chief Justice of India together with above mentioned
accused public servants will be responsible for it. Even if criminal nexus
levels fake charges , police file fake cases against me or my dependents to
silence me , even if my unnatural death occurs this complaint
is & will be effective , valid. In such a situation also , in the
absence of me the original complainant still the supreme court must
take forward the case in public interest as the issues I have raised in my
appeals , PILs concern public welfare , national security and are relevant for
If I or my family members or my dependents are denied our fundamental rights ,
human rights , denied proper medical care for ourselves , If anything untoward
like hit & run cases , murder attempts , unnatural deaths , etc
happens to me or to my dependents or to my family members - In such case
Justice T S THAKUR Honourable Chief Justice of India together with
the jurisdictional revenue & police officials will be responsible for
it , in such case the government of india is liable to pay Rs. TWO crore as
compensation to survivors of my family. if my whole family is eliminated by the
criminal nexus ,then that compensation money must be donated to Indian
Army Welfare Fund. Afterwards , the money must be recovered by GOI as land
arrears from the salary , pension , property , etc of guilty police
officials , guilty Judges , guilty public servants & guilty
Constitutional functionaries. Please don’t refer the case to police ,
they don’t have powers to enquire high and mighty , previously police have
failed. Supreme Court monitored enquiry , investigation is a must
to unearth the truth.
Read full details at : Justice
THAKUR above Law ? Accountability ?
Please protect our HUMAN RIGHTS and provide us JUSTICE. Thank
Date : 30.04.2016……………………..Your’s sincerely,
Place : Mysuru………………………….Nagaraja.M.R.
Judicial Magistrate- Sukma district dismissed by Chhattisgarh Government
The Raman Singh government has dismissed Sukma district’s Chief
Judicial Magistrate Prabhakar Gwal from service in “public interest”, following
the recommendation of the Chhattisgarh High Court. Mr. Gwal, a Dalit Magistrate
was dismissed on the basis of “available material” (not in public domain)
without a internal/departmental inquiry.
On April 4 afternoon, Mr Gwal had updated the news of his
termination via his Facebook account-
“DISTRICT COURT DANTEWADA (918982620495):- //ORDER//
Raipur, dated 01.04.2016
“Government of Chhattisgarh state hereby, dismisses Shri prabhakar
gwal, Member of lower Judicial Services, Civil judge class-I and Chief judicial
magistrate, Sukma, from service in public interest with immediate effect.
District and sessions Judge
South Baster dantewada C.G.”
Earlier, Gwal had hit the headlines for alleging that a BJP
legislator, Ramlal Chouhan, had threatened him after he convicted five people
in connection with the leak of PMT question papers in 2011. His wife too had
written to the President alleging harassment, claiming that Gwal was
transferred to Sukma as a result of his judgment. Mr Prabhakar had accused a
ruling BJP MLA of threatening him over the judgment.
Mr. Gwal has had a history of exposing corrupt officials and
politicians. While Gwal was posted in Bilaspur, he had ordered an inquiry
against government officials and Police officers, for the infamous ‘Bhadaura
Land-Scam’. The land scam is known for involvement of a senior minister of BJP
(Amar Agrawal). Similarly, he had ordered for inquiry of Bilaspur RTO
officials. He was then transferred to Raipur, where he rejected to accept
Closure Report in the case of IPS Rahul Sharma’s suicide. After that he was
transferred to Dantewada. Recently his phone conversation with Dantewada
Collector had gone viral, in which Collector had asked Gwal to consult him
before ordering to file any case.
He is known for taking strong actions against the executive arm
of the government and enjoys a public image of being an upright man. His
dismissal comes after his wife filed a civil case against 19 people including
judicial officers for harassing her husband. HC stayed that case, meanwhile his
dismissal was recommended.
A Dalit officer being dismissed in such a one-sided, clouded,
swift manner raises larger questions on the system itself. Was he an
inconvenient man who didn’t understand the system and it’s ‘norms’? Did his
voice against BJP MLA (Ramla Chauhan), Mr Amar Agarwal and Mr Neeraj Bhansod
(for interfering in judicial work) made higher ups uncomfortable? These
questions are being raised after his dismissal. The ball is in the judiciary
and government court to clear and come out clean. A dismissal order by merely
stating, that ‘it is in public interest’ doesn’t fit the democratic
norms in 2016.
Protests greet Chhattisgarh government’s dismissal of Sukma’s Chief
On 14 April, the Chhattisgarh government dismissed Sukma’s Chief
Judicial Magistrate Prabhakar Gwal. A 2006 batch judicial officer, Gwal,
belongs to the Dalit community and has questioned the manner in which the
police have been indiscriminately arresting tribals in the conflict zones of
On 8 February, the Sukma Superintendent of Police
complained to the District Judiciary against Gwal stating that among other
things he has been granting bail to naxal accused and such decisions have
“adversely affected the morale of the security forces” and “weakens the
judicial process”. It is based on such complaints that Chhattisgarh government
dismissed Gwal on the grounds of “public interest” following the recommendation
of the Chhattisgarh High Court. The Indian Association of People’s Lawyers (IAPL),
in a press release, has protested
against the dismissal of Gwal, calling it unjustified. It said:
“Police high-handedness and harassment of those involved in the administration
of justice is nothing new to the conflict zones of Chhattisgarh. Recently
advocates of the Jagdalpur Legal Aid Group (JagLAG) have been forcefully
evicted from Jagdalpur and pressure is being mounted on them by the police
administration and police backed vigilante groups to cease their legal
practice. JagLAG has been providing legal Aid to many tribals incarcerated in
Jagdalpur and Dantewada. Similarly Social activists such as Soni Sori and Bela
Bhatia and journalists like Malini Subramaniam,
Prabhat Singh, Santosh Yadav and Somaru Nag who have been
raising issues of Human rights violations by the police administration have
been threatened, attacked or even arrested. “ The IAPL has alleged that under
the pretext of “Mission 2016”, i.e., the present offensive launched by the
government to wipe out the Maoist movement in Chhattisgarh, the police in these
areas have been taking steps to see that no alternate voice emanates from these
areas. The IAPL has raised the larger issue of keeping the judiciary away from
police interference , following this dismissal. “Chhattisgarh jails are filled
with tribals who have been arrested,
several false and fabricated criminal cases are foisted upon
them and they remain incarcerated for several years. Anyone who supports such
tribals and questions the policies of the state are branded as “terrorists”
or “anti-national”. In such a situation, the judicial system is their
last hope. Hence, it is vital that the judiciary be allowed to carry on its
functions in accordance with law and without any interference from the police”,
it has said. That the dismissal coincides the recent briefing by the National
Security Advisor (NSA) Ajit Doval for the Supreme Court Judges at a retreat at
the National Judicial Academy, Bhopal, has led to concern among the observers.
If police excesses in the name of security concerns in conflict zones are to be
tolerated by the judiciary, and the judiciary meekly accepts such advice from
the Government, then the signs are ominous, according to an activist
lawyer, who has been fighting cases involving civil liberties. The IAPL has
alleged that executive interference in judiciary in this manner militates
against the basic structure of the Constitution which emphasises
separation of powers and independence of judiciary. Lawyers point out that if
the Executive is unhappy wih Gwal’s decisions, it has the option to appeal
against them in the higher courts. Dismissing a Judge, soley on the
ground of his decisions which were in favour of citizens, is inconsistent with
the concept of independence of judiciary, they suggest. IAPL has called upon
all, especially those from the legal fraternity to resist these moves to
prejudice the judiciary and also demanded the immediate reinstatement of
Prabhakar Gwal as the Sukma CJM. The press statement has been signed for IAPL,
among others, by wellknown advocate from Raipur, Sudha Bharadwaj.
Salwa Judum is illegal, says Supreme Court
In a blow to both the Chhattisgarh government and the Centre,
the Supreme Court has declared as illegal and unconstitutional the deployment
of tribal youths as Special Police Officers - either as 'Koya Commandos', Salwa
Judum or any other force - in the fight against the Maoist insurgency and
ordered their immediate disarming.
The ruling - issued on Tuesday by Justice B. Sudershan Reddy and
Justice S.S. Nijjar on the writ petition filed by social anthropologist Prof.
Nandini Sundar and others - strongly indicted the State for violating
Constitutional principles in arming youth who had passed only fifth standard
and conferring on them the powers of police.
The Bench said “the State of Chhattisgarh shall forthwith make
every effort to recall all firearms issued to any of the SPOs, whether current
or former, along with any and all accoutrements and accessories issued to use
such firearms. The word firearm as used shall include any and all forms of
guns, rifles, launchers etc., of whatever calibre.”
Writing the order, Justice Reddy directed the State of
Chhattisgarh to immediately cease and desist from using SPOs in any manner or
form in any activities, directly or indirectly, aimed at controlling,
countering, mitigating or otherwise eliminating Maoist/Naxalite activities in
the State of Chhattisgarh.
The court directed the Centre and the State of Chhattisgarh to
provide appropriate security forthwith, and undertake such measures “as are
necessary, and within bounds of constitutional permissibility, to protect the lives
of those who had been employed as SPOs previously, or who had been given any
initial orders of selection or appointment, from any and all forces, including
but not limited to Maoists/Naxalites.”
The Bench made it clear that the State of Chhattisgarh should
take all appropriate measures to prevent the operation of any group, including
but not limited to Salwa Judum and Koya commandos, that in any manner or form
seek to take law into private hands, act unconstitutionally or otherwise
violate the human rights of any person.
The Bench said “the measures to be taken by the State of
Chhattisgarh shall include, but not be limited to, investigation of all
previously inappropriately or incompletely investigated instances of alleged
criminal activities of Salwa Judum, or those popularly known as Koya
The Bench held that the policy of the State violated the rights
under Articles 14 and 21 of the Constitution of those being employed as SPOs in
Chattisgarh and used in counter-insurgency measures against Maoists/Naxalites,
as well as of citizens living in those areas.
The Bench was of the view that effectiveness of the force
"ought not to be, and cannot be, the sole yardstick to judge
constitutional permissibility. Whether SPOs have been effective against Maoist/Naxalite
activities in Chhattisgarh would seem to be a dubious, if not a debunked,
proposition given the state of affairs in Chattisgarh. Even if we were to
grant, for the sake of argument, that indeed the SPOs were effective against
Maoists/Naxalites, the doubtful gains are accruing only by the incurrence of a
massive loss of fealty to the Constitution, and damage to the social
The Bench said "The primordial value is that it is the
responsibility of every organ of the State to function within the four corners
of constitutional responsibility. That is the ultimate rule of law.”
It said “Indeed, we recognise that the State faces many serious
problems on account of Maoist/Naxalite violence.Notwithstanding the fact that
there may be social and economic circumstances, and certain policies followed
by the State itself, leading to emergence of extremist violence, we cannot
The Judges said “The attempt to overthrow the State itself and
kill its agents, and perpetrate violence against innocent civilians, is
destructive of an ordered life. The State necessarily has the obligation, moral
and constitutional, to combat such extremism, and provide security to the
people of the country.”
villagers 'crushed' between militia and Maoists
A controversial state-backed militia
has been reincarnated to take on leftist rebels in central India.
The violence that took place in
this village nearly a decade ago is still visible. Charred logs are all that
remain of a razed home, and barren land has replaced a once-thriving forest.
Residents of Bijapur district,
in the central Indian state of Chhattisgarh, fear the prospect of more fighting
as a once-banned militia, Salwa Judum, has been reincarnated to fight communist
groups opposed to resource extraction in the area.
Chhattisgarh has witnessed
armed conflict for several decades now, partly over the region's rich deposits of coal, iron
ore, and bauxite. The Indian government, which uses these minerals for
electricity generation and steel and cement production, has fought Maoist
groups known as Naxalites.
They oppose large-scale
mining, arguing it disrupts the socioeconomic fabric of the forest-dwelling
tribal people and harms the environment. The Naxalites began their armed
campaign in the 1970s because of what they say is an unequal distribution of
In 2005, however, after nearly three
decades of fighting the Naxalites, the Indian government began arming a
civilian group to fight its battles. This militia, Salwa Judum, had a
better understanding of the terrain and the local language - and was more
ruthless than Indian security forces. Many villagers were forced to join the
"The state was making us
fight its battles," said Rosan Nikam, a Bijapur resident for the past
three decades, speaking of how civilians were armed. "That had never
happened before. The security forces fought the Maoists, not common
Many Salwa Judum members were
civilians who received arms training from the state government. The young
tribal members who were trained by the government came to be known as Special
Police Officers (SPOs) and Koya Commandos.
"It was clearly a
state-sponsored counterinsurgency programme," said Nandini Sundar, an
academic who petitioned India's Supreme Court against Salwa
Judum in 2007, a case that led
.02to the organisation's
banning four years later.
About 670 villages in the
Bastar region were affected by the ensuing violence, and although the residents
have by now rebuilt their homes, many of them remain destitute.
The Supreme Court of India
banned Salwa Judum in 2011, in light of the human rights violations it found it
But in May this year, shortly
after the Chhattisgarh government signed agreements to build massive steel
plants in the Bastar region, a group called Vikas Sangharsh Samiti was launched
by Chhavindra Karma, with the aim of continuing Salwa Judum's struggle.
Salwa Judum had been led by
Karma's father, the late Mahendra Karma, a Congress party leader assassinated
by Naxalites along with 12 others as their convoy traveled through a forest in
Chhavindra Karma claims that
the Naxalites have killed 93 members of his extended family.
"Salwa Judum started with
peace marches in villages. The objective of these marches was to make the
people aware of Maoist excesses," said Karma. "It is the state that
began to train tribals with guns."
The militia's critics say it is
impossible to think of Salwa Judum as separate from the state. The SPOs and
Koya Commandos drew their salaries from the state, earning as much as 9,000
rupees ($138) per month.
The Supreme Court ruling
banning Salwa Judum forbids the creation of similar groups, but Vikas Sangharsh
Samiti hopes to get around this by using a different name and a different
Authorities in the Home
Ministry in Delhi and the state government in Chhattisgarh did not respond to
Al Jazeera's repeated requests for
Chaitram Attami was a central
figure in Salwa Judum, and used to call the shots in the mineral-rich Dantewads
He is now a local politician
and travels with four rifle-wielding bodyguards. Attami lives in the Kaasoli
camp, which is covered with barbed wire on all sides and has armed paramilitary
men manning the entry and exit points.
Given the public outcry against
Salwa Judum's new incarnation, Attami is taking a cautious approach.
"We will try and make it
peaceful," he said. He admitted that Vikas Sangharsh Samiti has begun to
go into the villages to warn their residents against supporting the Maoist
agenda - which is exactly how Salwa Judum began its activities.
Meanwhile, villagers who are
not affiliated with Salwa Judum or the Naxalites say they have borne the brunt
of the violence. Many people in the south Bastar region give dreadful accounts
of how their lives were turned upside down during the Salwa Judum era.
"We haven't completely
recovered from the violence unleashed on our villages a few years ago, and
there is already talk of more violence coming our way," said a 26-year-old
man, who spoke on the condition of anonymity, fearing reprisals from either
government security forces or the Naxalites.
Nikam, the Bijapur resident,
said: "My house was burned twice in 2007. Everything I had, including
my land documents, grains, bedding and clothes, were burned down."
Today, he cultivates what he
believes to be his land. He is not sure because he no longer has his documents.
If the authorities decide to evict him from his land, he will have no proof to
fight his case.
He said he does not dare to
take on the security forces for fear of false arrests, torture and
And the Naxalites have been
known to turn violent when villagers do not support them with information,
food, water, and shelter when asked to do so.
"I think we live between a
rock and a hard place," Nikam told Al Jazeera. "Sometimes, one is
softer than the other; but mostly, we are crushed."
Salwa Judum's war on the people
Will the Supreme
Court's Commissioners, ordered to carry out a fact-finding inspection, be
allowed to visit the cut-off villages in Dantewada and Sukma in Chhattisgarh,
and engage with the people on a long-term basis? KAVITA SRIVASTAVA
The Supreme Court order of March 29, 2011 asking its
Commissioners and the District Collector to carry out a joint inspection in the
three villages of Tademtla, Morapalli and Teemapuram, in the Chintalnaar area
of Dantewada District is very significant and let us hope that the Apex court
engages with the situation in these villages on a more long-term basis so that
relief actually reaches and the people can rebuild their ravaged lives.
It maybe recalled that these three villages were attacked and
burnt down by COBRA and Koya Commanders and SPOs of the Chhattisgarh Police on
March 11 and 16, 2011. The plan of the Government of Chhattisgarh is very
clear, which is to use the front of the Salwa Judum and SPOs and push these
people out from their villages into either migrating out of their homelands
into the Salwa Judum camps or to join the IDPs in Khammam, AP or go deeper into
the forest area and join the Maoists or stay in the village and die of hunger.
This tactics is not new. All this is being done in order to shrink the mass base
of the Maoists.
Documented state violence
This is how it was done in 2005 and the first report of the
PUCL, PUDR, carried out under the leadership of Dr. Binayak Sen, called “When
the State makes War against its own People”, clearly documented this. This was
also highlighted in subsequent human rights reports by various organisations
and individuals. After all, in the first phase of the Salwa Judum, they pushed
people out of their homes, hearth, farms, fields from hundreds of villages. It
is ultimately a game of who will actually control these lands. So, as it was
then so now, prevent people from being accessed, cut all communication and
supply lines to the village and let them either join “us” or “them” or “die”.
Thus it is a test whether the SC Commissioners will be allowed
to go to the area by the Chhattisgarh Government as the five earlier attempts
in the last one week made by people to reach these areas from the
Raipur-Jagdalpur-Sukma route was thwarted by stage-managed obstructions. And if
they do manage to go, will it be sustained by allowing supplies and
communication from being established?
The latest in the series of preventing the affected villagers
from getting any aid was that of the team of 10 Congress MLAs whose attempt of
going on March 29 with relief supplies was obstructed by the same set of people
with the support of the police.
The Congress team was led by Ex Home Minister Nand Kumar Patel.
They left Sukma with food supplies at about 10.00 a.m. and proceeded towards
Chintalnar. This team too was stopped at the same village Polampalli, where the
Collector was stopped on March 24, 2011, by a group of about 25 SPOs and Salwa
Judum persons only. The IG, Long Kumar of Bastar who was escorting them,
instead of stopping the hoodlums prevented the Congress MLA team from going,
saying that he could not provide security to them as there was a risk involved
in going to the villages of Tadmetla, Morapalli, Teempuram. When the MLAs insisted
that they would go as they argued that this kind of resistance was routine for
politicians, they were told they would not be allowed. The IG, instead of using
his command and stopping the SPOs and Salwa Judum personnel from breaking the
law, arrested and brought the MLAs to Dornapal, where they were released on
personal bonds. The Congress MLAs left for Raipur by evening to raise the issue
in the State Assembly.
A day earlier, on March 28, on the instructions of the District
Collector, the Dornapal village Naib Tehsildar, Vijendra Patil, tried to take
relief to the three villages. At around noon he was stopped and not allowed to
proceed. When the ASI Dhruv tried to clear the obstruction at Polampalli he was
stopped by an SPO.
In the police hierarchy the SPO would be at the lowest rung, but
here they are the war lords. They even refused to take
instructions from the District Collector and the Divisional Commissioner who
tried to go there with supplies on March 24. They threatened the SDM who went
ahead with the supplies, then on March 26, Swami Agnivesh was stopped twice,
although he was being taken by the Additional SP Marawi in his own vehicle,
they did not spare their own senior and threw stones and smashed the vehicle.
It took the Additional SP two days of struggle to get an FIR lodged as the
local police station would not lodge a case against the Salwa Judum and SPO
lords of the region. And, of course, IG Long Kumar also does not want to
exercise his control over them.
Which means that till now, all those who have attempted to visit
those areas from the Sukma end have been prevented by the Government from going
there. On March 20 and 21, the Times of India and The
Hindu reporters were prevented from going to the area. They could only
reach there through a longer and difficult alternate route. The All India team
of members from the democratic rights organisations who went there on the same
dates as Swami Agnivesh could reach and conduct a fact finding could do so
because they took a third route to get there. This the first fact-finding team
that visited the area after September 2009, since the PUDR team had gone to
Gompad area when 16 people were killed by CRPF and other forces in its
Operation Green Hunt intervention. And subsequently teams were not allowed to
go to the affected areas (A women's team was not allowed to visit Samsetti
village to study a gang rape case on December 15, 2009. Professors Nandini
Sundar and Ujjwal Singh of DU were chased out of Dantewada and Sukma, were not
allowed to stay in any hotel on the eve of the new year of 2010. Then Medha
Patkar and Sandeep Pandey led a NAPM team of 40 people in early January, 2010
and they too were harassed and were not allowed to move freely into the areas
to hear the woes of tribals and then in May 2010 a team led by Prof. Yashpal
and 40 other intellectuals met the same fate).
Now suppose the SC Commissioners are taken by chopper from
Raipur to these villages, then they will have to go alone and not with a local
team of journalists or villagers who can be objective local guides for such
visits. And then having gone once will they be able to sustain the access of
supplies with the help of the Supreme Court? Who will monitor it there? Till
public access of these villages is not assured nobody will know what is
The news of how a Government lets its “lesser people” be killed,
raped, their houses and granaries burnt, allows them to live in conditions of
food scarcity, perhaps even die of starvation does not even make it to the
national channels. Soon this will be forgotten, till the Maoists strike back
and then we will only see channel after channel breaking news, calling the poor
tribals, terrorists, monsters and killers. And the human rights workers will be
verbally flogged with the pitch of the anchors going higher and higher on these
Would not the Chhattisgarh Government be responsible for that
eventuality, if it ever happens? We should all raise our voices and stop this
Kavita Srivastava is a national secretary of the People's Union
for Civil Liberties, Rajasthan and is the petitioner in the Supreme Court in
the PUCL petition on the Right to Food.
having gone once will they be able to sustain the access of supplies
with the help of the Supreme Court?
Salwa Judum-2 is born in Bastar
Salwa Judum founder Mahendra Karma’s son Chhavindra Karma and
former leaders of the anti-Maoist militia formed “Vikas Sangharsh Samiti” on
Monday in Dantewada district of Chhattisgarh, which will carry forward the work
of Salwa Judum in Bastar.
“I had invited all the leaders and workers associated with the
Salwa Judum for a meeting on Monday. The new samiti will strive to bring peace
to Bastar,” Chhavindra Karma told The Hindu .
Asked if it could be called Salwa Judum part two, Mr. Karma
said, “Yes, you can call it so. The new outfit will undertake padyatra (marches)
in various parts of Bastar to spread awareness against Maoism. We will seek the
help of the State government so that our awareness campaigns would be followed
by development works in the region.”
The Supreme Court had declared the Salwa Judum “illegal and
unconstitutional” and had ordered its disbandment in 2011.
Led by former Congress leader Mahendra Karma, the anti-Maoist
militia was blamed for large-scale “forcible displacement” of Bastar tribals
and extra-judicial killings.
“The Salwa Judum part two will be peaceful. Our main aim is to
finish Maoism in Bastar and bring development.
Already more than 18 village panchayats have banned the entry of
Maoists in their villages,” claimed Mr. Karma.
Chaitram Mattami, P.Vijay, Sattar Ali and Sukhram Dadi, who had
led Salwa Judum in their respective areas in its first edition, attended the
meeting on Monday.
Chaitram Mattami, P. Vijay and Mr. Chhavindra Karma would be
leading the new anti-Maoist outfit and its first major event will take place in
Karma’s ancestral village Faraspal in Dantewada on the second death anniversary
of Mahendra Karma on May 25. He died in a Maoist attack in 2013.
All Salwa Judum leaders from Konta block in Sukma to
Bhopalpattnam block in Bijpur district of Bastar attended Monday’s meeting,
claimed Mr. Karma.
In Chhattisgarh’s Bastar, a front
similar to Salwa Judum is taking shape
A decade after Mahendra Karma
launched Salwa Judum, the slain Congress leader’s son Chhavindra is trying to
start another movement against Maoists in Chhattisgarh.
A decade after
Mahendra Karma launched Salma Judum, the slain Congressleader’s
son Chhavindra is trying to start another movement against Maoists in
Chhattisgarh, looking for police and government support and raising fears of a
rerun of the violence. Ashutosh Bhardwaj reports from Bastar
The coincidence is
stark. Exactly a decade ago, on June 4, 2005, the Chhattisgarh government
signed an MoU with the Tatas for a mega steel plant in Bastar, with Maoists
being the only hurdle. The following day, Salwa Judum was launched to evict
Maoists from the region, a move that went on to define the last decade of the
Last month in
Dantewada, in PM Narendra Modi’s presence, the Raman Singh
government signed MoUs for an ultra mega steel plant and a rail line in Bastar.
Meanwhile, a front similar to Salwa Judum has been taking shape. The earlier
movement was led by the late Mahendra Karma; the new one, called Vikas
Sangharsh Samiti, is headed by his son Chhavindra.
The beginning of
the Samiti too sounds eerily familiar. In 2005, Karma began padyatras across
South Bastar urging tribals to come out of their villages and live in camps for
a decisive battle against the Maoists. Now, Chhavindra plans similar campaigns
with former Judum commanders. He has sought government support and police
protection, and said he is ready for any “qurbani”.
The possibility of
what this will lead to chills many people. In the 30 months of Salwa Judum
before it fizzled out in 2007, Chhattisgarh saw the deaths of 325 security
personnel, 609 civilians and 165 suspected Maoists. That’s 1,099 deaths, or a
death a day; Judum leaders say the number is far higher.
A little away from
the Faraspal home of Karma stand a series of monuments built in the memory of
his relatives. Near the home is Karma’s statute with folded hands.
“Including my papa,
95 people of my family have been killed in this battle. They say I am doing
raajniti. I carry the family responsibility of freeing this area from Naxals,”
says Chhavindra, 34. He insists there won’t be any violence this time, but with
police already declaring support, he knows what he’s preparing for. “Is ladai
men qurbaniyan deni hi padengi (this war won’t be won without sacrifice). Let
the first bullet hit my chest.”
As of now,
Chhavindra or the new front has little popular support or military strength. It
hopes the government support will turn things its way. The plan is to go on
padyatras and tell villagers to stop supporting Maoists — just like Karma had
At its peak, Judum
had around 100 major leaders. Just around 15 are alive today.
Mahendra Karma had
three chief lieutenants heading a district each — Soyam Muka in Sukma, Chaitram
Attami in Dantewada and Mahadev Rana in Bijapur. Rana was killed. Attami,
uprooted from his village a decade ago, lives in a Salwa Judum camp, while
Muka, also uprooted, says he has lost more relatives than anyone else. “You
will find maximum Soyams in the list of the killed,” he adds, as he mentions
his deceased elder brother Soyam Mukesh.
A primary teacher,
Muka had picked up the gun at the call of his mama, Karma. Chhavindra wants him
to join the new movement, but Muka says, “After Karma’s death, I lost faith.
When he was alive I thought if he could defeat death, so could I.”
leader, Sattar Ali, was in Karma’s vehicle when Maoists attacked the Congress
convoy in May 2013. “When the Maoists opened fire, Karmaji came out. He offered
his life and saved all of us.”
accompanied his father during the Judum campaigns, is banking on his father’s
stature. “When Salwa Judum was on, whose statements were published? The CM’s?
No, it was Karmaji’s,” he says.
During the assembly
election campaign for their mother Devti, Karma’s sons had accused Raman Singh
of betraying their father. “It was a mistake to have taken the support of the
government during Salwa Judum. Raman Singh withdrew later,” they had said. Of
late, Chhavindra has been making public calls for government support again.
Dantewada stands at the confluence of rivers Dankini and Shankhi, names with
diametrically opposite meanings. Dankini means a sting, Shankhi the holy conch.
Led by a Congress leader, supported by the BJP government,
Salwa Judum too had dichotomy as an intrinsic part.
Dantewada BJP zilla panchayat member Chaitram Attami was on stage when
Chhavindra, a Congress secretary, and others announced the formation of the new
Samiti. Days later, Attami was overseeing laying of a helipad in Dantewada for
PM Modi to land on.
controlled Judum operations in Dantewada the last time too, earning Z category
security. Guarded by 16 cops, he lives with his wife and a baby in a camp at
Speaking at Karma’s
death anniversary last month, Bastar IGP S R Kalluri declared his support for
the Samiti. “The national media has misrepresented Vikas Sangharsh Samiti and
wrongly compared it with Salwa Judum so that someone gets a chance to go to the
court against it,” he said. Kalluri asserted Salwa Judum was not properly
defended in court, and should anyone challenge the legality of the new front,
he will defend it.
Raman Singh believed that “Salwa Judum was a people’s movement, a jan andolan.”
He hinted at government support to the front: “On the issue of garnering
consent among people, making them ready and creating a certain atmosphere —
there should be awareness. If we stand up against Naxals on the streets and
bring villagers along, I have to ensure they are protected.”
The state Congress
has rejected the new campaign. “The Supreme Court banned special police
officers. The Congress distances itself from this venture,” says PCC chief
The forgotten camps
Across the road from Bastar’s first fortified police station, in Dornapal of
Sukma, is the largest Salwa Judum camp. It once had over 25,000 uprooted
tribals from 72 villages.
Tiny huts crowd
narrow lanes. A wistful Janaki Kawasi, 32, rushes closer. “Have you been to
Jagargunda? My village Milampalli is not far from there. How is it now?” she
says. Then, her voice drops. “I know, nothing can be left now. It’s all
Since she came here
in 2007 with her husband, she has become a zilla panchayat member from the BJP.
Yet she longs for home. “What’s here? Everything got left there.”
Over two dozen such
camps came up in South Bastar as around one lakh tribals left their villages,
not all of them by choice.
Most Judum camps
came up along highways or roads, but the heavily fortified one in Jagargunda is
in the wilderness. It houses over 4,000, who wanted to stay closer home and
ended up vulnerable. Janaki’s father-in-law Kawasi Hadma was among those who
stayed back. He was killed last November.
recently gave birth to a son in the Dornapal camp and grieves that he is
confined. Her husband was an SPO and is now posted 50 km away. She resigns
herself to fate: “Policewale kabhi nahin laut payenge. Yahin marna hai ab
(Policemen won’t ever be able to go back. We will die here.”
There are 184
families still at the camp where Attami stays, at least 100 of SPOs. The
government has stopped providing rations. Guarded by police, they live in
constant fear of attack. Maoists had attacked a Salwa Judum camp in July 2006
in Errabore, leaving 32 dead, including two babies. They had also abducted 42
and publicly executed six.
In the 2013 polls,
which Karma’s wife Devti contested, his sons promised to ensure the return home
of camp inmates. Eldest son Deepak calls the conditions in the camps Judum’s
biggest failure. “Tribal girls faced the worst sexual harassment by security
forces,” he says.
“How could my
father have checked or foreseen that? It was the task of the government to run
these camps. But the government stopped giving them even rations.”
The renewed fear
Salwa Judum had effectively given the Maoists a boost. Though present in Bastar
for over two decades, they had limited dominance or military capacity. As Judum
leaders pushed villagers out of their homes, the SPOs were accused of torture.
At least 5,000 locals joined the Maoist ranks during those months. From small
dalams, Maoists graduated to platoons, companies and battalions.
Kichhe Nanda is
among the SPOs facing rape charges. He denies that at first, then lashes out
bitterly, “We were young, given rifles, and told to hunt for Naxals.” There
were “atrocities” from the other side too, he says.
Editor of daily
Bastar Impact Suresh Mahapatra recalls the Rani Bodli attack of March 2007,
when 55 policemen and SPOs were killed. “This incident was the defining point
in my life. When I saw half-burnt and beheaded bodies, it occurred to me that
this war had no rules now,” he says.
Attami, among the
earliest SPOs to sign up, says: “You talk about police atrocities, but do you
know what the Naxals did? Agar beta ko maarna hai to maa aur baap ko us par
patthar marne ko bolte the (If they wanted to kill someone, they forced his
parents to throw stones at him).” Accusing the Maoists of dragging them into
battle, Attami adds, “They had a grudge against capitalists. Why didn’t they
kill them themselves? We tribals knew nothing about the world, but they made us
fight their battles. Is it janvaad?”
reflects they were left with little choice: either become Maoists or fight with
police. “We wanted it to be peaceful, but Salwa Judum had aggression. It failed
as we could not tell people what our aim was.”
However, many of
the tribals have no enmity towards the Maoists. “Adivasi log hi to mar rahe
hain. Yahan bhi adivasi, wahan bhi,” says Janaki. Teacher Mandavi says it
emphatically. “They (Maoists) are our own people. We don’t want this violence.”
“Once again the
terror and oppression of Salwa Judum is going to start. Bastar could be
protected only if this campaign is defeated,” said a recent Maoist statement
urging people “to rise against the proposed Salwa Judum-2”.
Where they are now:
Key survivors from Salwa Judum
Soyam Muka: Congress
member, lives in Konta away from his Gaganpalli village he left during Judum.
Farming. Moves without vehicle.
Karma family: Mahendra
Karma’s wife Devti Karma is a Congress MLA, two of her four sons hold positions
in the Congress.
Chaitram Attami: Dantewada BJP
zilla panchayat member, uprooted from his village, lives in a Salwa Judum camp
in Kasauli, Dantewada.
Sukhdev Tati: BJP member,
farmer in Dantewada.
Sattar Ali: Contractor, runs
trucks, lives in Jagdalpur.
Vikram Mandavi: Congress member,
contested 2013 assembly polls from Bijapur.
O, JIHADIS, FREEDOM FIGHTERS, TERRORISTS & NAXALITES
militants claim they are fighting for kashmiris, when the very same kashmiris
were suffering from loses due to earthquake why didn't the so-called jihadis
didn't make any relief efforts? Why didn't their foreign master – Pakistan
didn't make any relief efforts? Within the pak occupied Kashmir ( pok) itself,
Pakistan didn't make appropriate relief efforts. It is government of India
& international community who provided proper & timely relief.
powers are not at all interested in your well being. They are ready to spend
millions of dollars for aiding terrorism, but not ready to spend a few hundreds
for your education , health care or self employment schemes through NGOs. The
fact is they don't want your well being, they don't want you to prosper, live
peacefully. The ultimate objective of these foreign powers is to take you on
the path of self destruction, destruction of your motherland & to finally
usurp the power, to subjugate you into slavery in turn looting the resources of
India there is rampant corruption. Still democracy is live & kicking in
India, it is the best form of governance. You have got real examples of
countries in Africa, latin America, wherein the countries have secured
independence through separatist / terrorist movements. The terrorist leaders
themselves have become prime minister / president of newly independent
countries. Now, they are more corrupt & barbaric than their predecessors .
even after getting independence, the lives of commonfolk has become bad to
worse. By independence , only leaders have benefited. Will you lead another struggle
? this is endless, as the selfishness , greed of leaders knows no bounds.
In the past,
government of India aided tamil separatists, Pakistan terrorists, etc,
butchering innocents. The government of U.S.A aided terrorists in Africa,
afghanisthan, latin America , murdering innocents. Various countries have aided
terrorism while preaching peace. These barbaric acts were motivated by selfish,
corrupt, ego-centric leaders. Now, in the bomeerang effects of their actions,
innocents are dying in bomb blasts, etc.
violence. Peace & compassion results in all round harmony, prosperity.
Every human being must struggle against injustices in a peaceful & legal
manner. The struggle must be against the corrupt system, for that peaceful
struggle democracy is the best forum. Don't be pawns in the hands of foreign
powers, politicians. They are not at all interested in your welfare, well
being. At the end, it is the leaders who become ministers & amass wealth
through corruption. The common folk like you will remain as fiddlings, minions
yourselves in the place of victims of delhi serial bomb
blasts (29/10/2005) or Mumbai blasts
of 26/11/08 . just imagine the plight of little child MOSHE who has lost both
his parents , imagine Your mother & wife are crying, your children are dead
, your father's hands & limbs are ripped apart in the blast. How does it
feel to be one ? no religion, no god asks it's followers to cause destruction.
All religions, gods are full of eternal love & compassion. Let that god
shine his light, upon you all on the violent path.
Whether it is in
india or else where , democratic system is best form of governance. The people
in those countries suffer due to corrupt public servants . in all such cases ,
the legal , non violent fight must be against the corrupt people , corrupt
police , corrupt judges , CORRUPT public servants but not against the system
Let us build ram rajya of mahatma's dream through non violent means within the
existing democratic framework . Jai Hind. Vande Mataram.
of Industrial Projects – Cause of Naxalism , SALWA JUDUM
India is a democratic country with self governance of
people. Members of Legislative Assemblies and Members
of Parliament are elected by people to be their representatives
in the respective houses. These MPs , MLAs must
represent the aspirations of people in their
constituency in the floor of the house. They must
not work against the aspirations of people , in that case
representative role ceases. When a people say in bastar
district doesn’t want a particular industrial project
in their area and communicate it to the government through their
MPs & MLAs , who the hell MPs , MLAs , State Government Ministers
& Central government ministers are to impose it on those
particular area people. It is illegal , breach of democracy.
In these type of impositions , public servants take sides with big
industries , MNCs which flout many laws and pays a pittance as
compensation to people. Gross injustices are meted out to public ,
which raises discontent in public. Fertile ground of discontented
public is used by criminal elements to raise terror out fits
like naxalites , salwa judum , etc. Law must be held high , naxalites ,
salwa judum cadre must be dealt with the same footing on the same
ground and root cause must be addressed by government. Any displacements of
people , invite to big projects must be done as per the aspirations of people ,
if people don’t want a project , a skewed model of
development , reject it. Who the hell government ministers are to impose it on
people . Ministers are public servants not dictators to impose on
A B C D of
Democracy – A Lesson for all people’s representatives
,MLAs , Ministers - PEOPLE’S REPRESENTATIVES MUST FUNCTION
People are the kings , self rulers in a democracy
. Peoples representatives must just represent the wishes
, aspirations of people. Example : PEOPLE are
nothing but land owners , MPs , MLAs , people’s representatives are just GPA
Holders. The Electorate – Citizens of India are SUPREME than
Parliament , Ministers and all Other Institutions. When people in
Jaitapur , Maharashtra state of
India and People of Koodankulam , Tamilnadu are totally
against a nuke plant in their area and they don’t want it , still
the authorities are forcing this project over their head.
Since 68 years of independence ,
In India the learned IAS babus & Netas are forcing their agendas
, SEZs , Projects over the people for their own selfish gains , against the
wishes of people. This is not DEMOCRACY.
In india, indirect
democracy is the form of governance. In this form, people's representatives are
bound to raise the questions , issues concerning their constituents on their
behalf , on the floor of the house. However the sad part
in india even after 68 years of democracy , is
the lobbying is at it's peak. The lobbying is a gentleman's white collared
crook's way of forming favour seeker's group , creating a corpus to pay lumpsum
bribe & influencing decision making.
The people's representatives are bound to represent their people first , then
their party & party think tanks. India has come to this sorry
state of affairs , widespread corruption , huge black economy & rampant
poverty, all due to inefficient legislations & enforcements.
These think tanks & IAS lobby, consider themselves as most super brains on
earth & gives out suggestions . the present state of affairs is a barometer
of their brilliance. Take just one case for the brilliance of our
cabinet ministers & IAS babus , In India nearly 50 crore people
are barely surviving on a single piece meal per day , hundreds of people are
dying due to HUNGER & MALNUTRITION at one end at the other end
thousands of tonnes of food grains are rotting away , wasted in FCI
Godowns (ie the food procured by the government) , what brilliant
ministers & IAS officers ? These think tanks & IAS lobby are the hand
maidens of lobbyists / bribers.
Now consider the following example :
Mr.raj gandhi is a member of parliament from mandya constituency in karnataka
state. He is a MBA graduate & member of ruling Indian progressive party.
The multinational giant M/S GREY HOUND CORPORATION wants to enter into paper
manufacturing business in india. It's sight falls on the public sector
paper giant mandya national paper mills (MNPM) in mandya district of karnataka.
The MNC effectively lobbies with the government. The ruling party think tank
& the cabinet advisory group recommends to the government to make strategic
disinvestment in the PSU M/S MNPM. They bring out graph with full power point
presentation stating that it is good for the company as well as the government.
The lobbyists follows it up with media reports on the positive aspect of
strategic disinvestment. A favourable impression is created in the minds of
literate public. The cabinet
committee okays it.
The " strategic dis investment issue " comes before the parliament
for legislation / approval. The ruling party issues a party whip to it's
members to vote in favour of dis investment. However M.P mr.raj gandhi who is
an MBA in his own wisdom also favours the dis investment. However ,most
importantly the constituents – people in mandya parliamentary
constituency through protest marches , mass post card campaigns lakhs in
numbers expresses their disagreement with the dis investment & urges their
MP mr.gandhi to vote against the disinvestment legislation.
On the D-day in parliament , mr. Raj gandhi as per his party whip & his own
wisdom votes in favour of strategic disinvestment legislation, much against the
wishes of his people , constituents & mis represents them in parliament.
the democracy has failed here. in This way democracy is being derailed since 68
years in india.
In democracy, party whip , MP or MLA's own wisdom / brilliance, think tank
& IAS lobby recommendations are all secondary , the constituent's of his
constituency , people's wishes aspirations are of primary importance &
supreme. What people need is a honest
representative, who simply delivers the people's aspirations on the floor of the
house back & forth , without superimposing it with his own ideas &
party ideas. For true democracy , the people's representatives must be true
Towards this end , the people must be educated about their democratic rights
& responsibilities. This is an appeal to the honest few in the parliament
& state legislatures to weed out their corrupt colleagues , lobbyists, to
uphold the dignity of the house & to install democracy in it's true
Naxalism a result of an oversight of statutes, says SC
Emphasising on validation of rights of tribals and forest-dwellers
over the forest lands, the Supreme Court has said that Naxalism was a result of
an oversight of constitutional provisions relating to administration of
schedule areas and tribes of the country.
"Nobody looks at Schedules V and VI of the Constitution and
the result is Naxalism. Urbanites are ruling the nation. Even several union of
India counsel are oblivious of these provisions under the Constitution,"
said a Bench led by Justice A K Patnaik.
The Bench made a reference to Schedules V and VI as they contain
various provisions relating to administration and control of scheduled areas
and scheduled tribes in several parts of the country. These provisions apply to
states like Andhra Pradesh, Jharkhand, Gujarat, Himachal Pradesh, Maharashtra,
Madhya Pradesh, Chhattisgarh, Orissa and Rajasthan and Northeastern states such
as Assam, Meghalaya, Tripura and Mizoram. Essentially these Constitutional
provisions, with the help of plethora of judgments by the apex court, act as a
guarantee to indigenous people on the right over the land they live in and its
During a recent hearing on fresh guidelines over tiger reserves,
the Bench made certain queries from Additional Solicitor General Indira Jaising
over the Centre's proposal to relocate indigenous people who were still living
in the core areas of tiger reserves.
The ASG had informed the Bench there were around 43,000 families
still residing in core areas of tiger reserves and that the plan was to
gradually move them out after proper consultation with Gram Sabhas. On being
asked about the legal provisions to support the argument, she also read out
from the 2006 Forest Rights Act and the Panchayat (Extension to Scheduled
Asserting that all stakeholders should first ensure the legal
rights of the tribals are not violated, Justice Patnaik said their rights must
be settled in accordance with the provisions of the law.
"There is apparently no human-tiger conflict at least as far
as these tribals are concerned. Everyone must remember that forests belong to
forest-dwellers. British government considered forests of immense value and
said through laws that all forests belonged to government. These people were
brought down to poverty and they couldn't earn their living. They will be
arrested for consuming the forest produce; such was their law," said
His concerns were echoed by senior advocate Dushyanat Dave, who
said forest-dwellers used to get arrested trying and collect wood or pick
fruits from the forests.
The Bench, however, seemed satisfied with the promulgation of the
2006 Forest Rights Act and said this situation was sought to be reversed by the
new legislation as it sought to identify their rights.
"One law can make a big difference. Zamindari abolition law
is a good example how a law can reverse the situation," said Justice
Patnaik, adding it was not the state but its forest departments' officers who
did not want to give up their control over the forests.
At this, the ASG said the Centre was conscious of its duty towards
protecting the rights of forest-dwellers and would relocate them after
following the legal process.
SC refuses to give aspiring Dalit judges
an easy entry
SC refuses to lower qualifying marks for SC candidates for posts of judicial officers in Haryana
Bench observes, bare minimum knowledge of law
and its practices is expected from every judge, irrespective of category
In the preliminary examination for recruitment of judicial
officers for Haryana last year, only 3 SC candidates qualified.
An abysmally low
number of candidates qualifying for the large number of posts of judicial
officers in Haryana failed to persuade the Supreme Court on Monday to entertain
a petition seeking further lowering of qualifying marks for Scheduled Caste
candidates aspiring to be judges+ .
Petitioner NGO 'Volunteers for Social Justice'
had challenged a Punjab and Haryana high court decision to reject its petition
seeking lowering of qualifying marks for Scheduled Caste (SC) candidates
seeking to enter the Haryana Judicial Services. In the preliminary examination
for recruitment of judicial officers for Haryana conducted on January 10 last
year, the cut-off mark was 364 for the general category, 237.6 for OBCs and 232
for SCs. The petitioner said 22 posts were reserved for SC candidates but
because of the high cut-off mark, only three qualified.
"Somehow, the test appears to be loaded
against SC candidates who do not have the same level of education as general
category candidates," the NGO said and sought further lowering of the
cut-off mark for the SC category.
A bench of Chief Justice T S Thakur, and
Justices A M Khanwilkar and D Y Chandrachud said, "These are judicial
recruitments to appoint judges. A bare minimum knowledge of law and its
practices is expected from every judge irrespective of which category he
belongs to. Just because someone comes from the SC category, it is no ground
to further relax the recruitment norms+ ."
The bench also questioned the NGO moving the
court. "Those SC candidates who could not qualify+ for the judicial officers' post could move the
court," it said. The court said the posts reserved for the SC category
would not be filled by candidates from other categories. These would be carried
forward, so there will be more and more posts available and in future more SC
candidates could get into judicial services, it said.
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