NANDINI SUNDAR AND ORS. Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) I.A. No. 6 of 2011, has been filed by the Union of India, for clarification of the directions contained in paragraph 75(ii) of the order dated 5th July, 2011, made in the writ petition.

(2.) By the said order, while directing the State of Chhattisgarh to take several measures, the Union of India was also directed to cease and desist, forthwith, from using any of its funds in supporting, directly or indirectly, the recruitment of SPOs for the purposes of engaging in any form of counter-insurgency activities against Maoist/Naxalite groups. Mr. R.F. Nariman, learned Solicitor General, has submitted that the order was passed in the context of the writ petition filed, which was confined to the State of Chhattisgarh and, accordingly, the said portion of the order should also be read as being confined to the State of Chhattisgarh only. The learned Solicitor General has also indicated that there are Special Police Officers in other States as well, wherein in view of special circumstances grave and serious law and order problems could arise, in the event this order is to be interpreted to cover the rest of the country as well. The learned Solicitor General submitted that S.P. Os were deployed in other parts of the country where there were threats other than threats from Maoists and Naxalites.

(3.) We have heard Learned Counsel for the Petitioners, as well as for the State of Chhattisgarh, who agree that the order was passed in regard to the conditions in Chhattisgarh and have stated that the order may be confined to the State of Chhattisgarh. Accordingly, on such consensus, we allow I.A. No. 6 of 2011, and clarify that the order of 5th July, 2011, shall, in regard to paragraph 75(ii), be confined to the State of Chhattisgarh alone. This disposes of I.A. No. 6 of 2011.