NANDINI SUNDAR AND ORS. versus STATE OF CHATTISGARH

NANDINI SUNDAR AND ORS. versus STATE OF CHATTISGARH

Appointment and arming of untrained, barely literate tribal youth as Special Police Officers to combat insurgency in Chhattisgarh violates Articles 14 and 21 of the Constitution of India, as such practice exposes individuals to danger, contravenes human dignity, is not in consonance with legal self-defence or constitutional limitations, and abdicates the State's responsibility to provide proper law enforcement. Supporting or promoting groups like Salwa Judum and Koya Commandos that act outside constitutional bounds perpetuates cycles of violence and is unconstitutional.

Parties
Petitioners: Nandini Sundar and Others; Respondent: State of Chhattisgarh
Jurisdiction
India
Judgment Date
05 July 2011
Procedural Posture
Writ Petition (civil) No. 250 of 2007 Under Article 32 of the Constitution of India / Final Order
Outcome
Writ petition allowed; State action declared unconstitutional; various mandatory directions issued.
Legal Topics
Police Powers, Counter Insurgency, Special Police Officers, Human Rights Violations, Public Interest Litigation, Equality Before Law, Right to Life and Personal Liberty, State Accountability
Constitutional Law Human Rights Administrative Law Criminal Law Police Powers Counter Insurgency Special Police Officers Human Rights Violations +4 more

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Parties

Nandini Sundar and Others

Petitioners

State of Chhattisgarh

Respondent

Procedural Posture

Writ Petition (civil) No. 250 of 2007 Under Article 32 of the Constitution of India / Final Order

Legal Issues

  1. 1 Whether the appointment and arming of Special Police Officers (SPOs), particularly tribal youths, for counter-insurgency activities by the State of Chhattisgarh violates Articles 14 and 21 of the Constitution of India.
  2. 2 Whether the policies and actions of the State of Chhattisgarh, including supporting/arming SPOs and groups such as Salwa Judum and Koya Commandos, result in violation of human rights and constitutional norms.
  3. 3 What constitutional compliance requires regarding state action and police operations in conflict areas.

Ratio Decidendi

Appointment and arming of untrained, barely literate tribal youth as Special Police Officers to combat insurgency in Chhattisgarh violates Articles 14 and 21 of the Constitution of India, as such practice exposes individuals to danger, contravenes human dignity, is not in consonance with legal self-defence or constitutional limitations, and abdicates the State's responsibility to provide proper law enforcement. Supporting or promoting groups like Salwa Judum and Koya Commandos that act outside constitutional bounds perpetuates cycles of violence and is unconstitutional.

Court Disposition

Writ petition allowed; State action declared unconstitutional; various mandatory directions issued.

Orders

  • State of Chhattisgarh to immediately cease and desist from using SPOs in any form or activity aimed at controlling, countering, mitigating, or eliminating Maoist/Naxalite activities.
  • Union of India to immediately cease and desist from funding/supporting, directly or indirectly, the recruitment or use of SPOs for counter-insurgency activities.