- Justice B Sudershan Reddy led the 2011 Supreme Court bench banning the Salwa Judum militia in Chhattisgarh
- Salwa Judum was declared unconstitutional for violating human rights and involving armed tribal youth
- BJP criticised Reddy’s judgment, claiming it weakened anti-Maoist efforts and protected the rebels
As former Supreme Court judge and the Opposition's candidate B Sudershan Reddy preps for the September 9 Vice Presidential election, a 14-year-old judgment is being used to target him. Justice (retired) Reddy led the Supreme Court bench that declared Salwa Judum -- a counterinsurgency action against Maoists in Chhattisgarh -- unconstitutional and violative of human rights.
Launched in 2005, Salwa Judum was a militia comprising tribal youth in Maoist-infested areas in Chhattisgarh that took on the rebels. Armed and trained by the state government, it was banned after activists alleged that Special Police Officers employed by the state police as part of Salwa Judum were violating human rights.
A bench of Justice Reddy and Justice Surinder Singh Nijjar ruled on July 5, 2011, that Salwa Judum was unconstitutional. "The appointment of tribal youth as SPOs, who are barely literate, for temporary periods, and armed with firearms, has endangered and will necessarily endanger the human rights of others in the society," the order said. Noting that the Centre and the state had pointed to how "effective" the force was, the court had said, "The effectiveness of the force ought not to be, and cannot be, the sole yardstick to judge constitutional permissibility." The court had directed the state and the Centre to stop supporting SPOs and recall firearms issued to them.
The outlawing of Salwa Judum was followed by a string of Maoist attacks, including the Darbha Valley ambush in 2013, in which former Congress minister Mahendra Karma and state Congress chief Nand Kumar Patel were killed along with 26 others. Maoists later said their main target was Mahendra Karma, the founder of Salwa Judum.
With the Opposition parties choosing Justice (retired) Reddy as their Vice Presidential candidate, the BJP has said his judgment weakened the fight against Maoists.
Union Home Minister Amit Shah told news agency ANI that senior Congress leader Rahul Gandhi should explain why the Opposition picked the former judge as its candidate. "More than Sudershan Reddy, Rahul Gandhi must answer on this, as this is the reason he (Reddy) has been picked - the left-wing ideology. Due to this judgment, the Naxals have been protected."
Mr Shah said Salwa Judum was to protect tribals, but the top court disbanded it. "He (Reddy) disbanded Salwa Judum. He ended the right to self-defence for Adivasis. This is the reason that Naxalism has sustained for two more decades. At that time, Naxalism was on the verge of dying."
Veteran BJP leader Ravi Shankar Prasad said the 2011 judgment shows Justice (retired) Reddy's "inclination towards Maoism". "In India, the office of the vice president holds the second-highest position. Therefore, it is extremely important to understand the mindset and ideology of the person chosen for this post. Justice B Sudershan Reddy's 2011 judgement on Salwa Judum, clearly reflects his compassionate attitude and inclination towards Maoism," he said.
A group of 18 retired judges, including former Supreme Court justices Kurien Joseph, Madan B Lokur, Abhay Oka and J Chelameswar, has come out in Justice (retired) Reddy's support and said that "prejudicial misinterpretation" of the top court's verdict by a high political functionary can have a chilling effect on its judges.
"The statement of Union Home Minister Amit Shah, publicly misinterpreting the judgment of the Supreme Court in the Salwa Judum case, is unfortunate. The judgment nowhere supports, either expressly or by compelling implication of its text, Naxalism or its ideology," the statement issued by the judges said. "While the campaign for the office of the Vice-President of India may well be ideological, it can be conducted civilly and with dignity. Criticising the so-called ideology of either candidate should be eschewed," the retired judges said. "Prejudicial misinterpretation of a judgment of the Supreme Court by a high political functionary is likely to have a chilling effect on the judges of the Supreme Court, shaking the independence of the judiciary," they said.
Responding to the BJP's attacks, Justice (retired) Reddy said his only ideology is the Constitution. "I am not a Naxal supporter. The Salwa Judum judgment was not in favour of the Maoists. If it was, what has it not been challenged till now?" he asked during an interview with NDTV.
The Opposition candidate is up against veteran BJP leader and Maharashtra Governor CP Radhakrishnan for the top post and has said he would reach out to all MPs for support.
