Annual Report 2008-2009
Chhattisgarh due to violations committed by Salwa Judum. A public hearing was organized
too at Cherla in Khammam District, while one day was earmarked to meet the villagers brought
along by the petitioners at Dantewada.
4.57 The spot enquiry was conducted in two phases, during which the Fact Finding Committee
looked into 168 specific allegations made by the petitioners. The Committee completed the
enquiry despite the difficult terrain, inaccessibility of the villages, and hostility of the Naxalites.
4.58 The findings of the Fact Finding Committee revealed that formation of Salwa Judum
was a spontaneous revolt of the tribals against years of atrocities and harassment suffered by
them at the hands of Naxalites.
Ever since it was started, there were many areas, both in
Dantewada and Bijapur districts, which were previously inaccessible due to the presence of the
Naxalites, but these were now under the control of the local police and security forces. The
local police and the security forces had succeeded in reducing the prevailing tension between
the tribals and Naxalites.
4.59 Since the support of the villagers was found to be an essential ingredient for the sustenance
of Salwa Judum, the Naxalites, on the other hand, were also trying their best to win over the
tribals who had joined Salwa Judum. The Special Police Officers (SPOs), recruited under
Section 17 of the Police Act, 1861 and Section 9 of Chhattisgarh Police Act, 2000 also had a very
vital role to play in curbing the menace of Naxalism in Bijapur and Dantewada districts.
However, in some instances, the security forces and the SPOs prima facie seemed to be responsible
for extra-judicial killings. It was indicated in the report that such instances need to be enquired
into, for those acting on behalf of the State must act within the boundaries of law (howsoever
grave the provocation) and be accountable. The State authorities were able to provide
information relating to seven instances only in which criminal cases had been registered against
the SPOs. It was learnt that 1,579 SPOs had been dismissed from the service for various
misdemeanours.
4.60 Though the petitioners had listed a number of cases of killings, rapes and other crimes,
hardly any of the alleged incidents had been verified by the petitioners themselves. Moreover,
many of the allegations were found to be based on hearsay. Allegations leveled in the petition
against Salwa Judum were prima facie true to the extent of burning of houses and looting of
property. The allegations against Salwa Judum with regard to a large number of killings were
not found to be true. During the enquiry of some specific allegations, the Fact Finding Committee
did not come across any case of rape which could be substantiated.
4.61 On the other hand, it was ascertained that the Naxalites had not only selectively killed
Salwa Judum leaders and supporters, but they were also responsible for the indiscriminate
killing of many tribals and security personnel. During the course of the enquiry it was revealed
that many villagers were found to be missing. It was, however, not clear whether they had
joined the Naxalites, or were hiding in the jungles, or had moved out of Chhattisgarh, or had
since been killed.
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