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This is an archive article published on November 19, 2011

SC clarifies: SPO ruling only for Chhattisgarh

Altamas Kabir and S S Nijjar passed the judgment while hearing an application by centre

The Supreme Court today ruled that its July 5 judgment banning the counter-Naxal special police officers (SPOs) would apply only to Chhattisgarh,and not other parts of the country.

A bench of Justices Altamas Kabir and S S Nijjar passed the judgment while hearing an application by the centre seeking clarification of the court’s order.

The home ministry has sought the recall of two paras of the judgment,arguing that they violated the spirit of the constitution,and were an example of judicial overreach into executive functions.

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Appearing for the centre,Solicitor General Rohinton Nariman pleaded that the order,if it were to be implemented in toto,would make it very difficult for the government to undertake anti-insurgency operations in the northeast and other parts of the country.

In its ruling on a PIL,the apex court had ordered central and state governments to “immediately cease and desist from using the SPOs in any manner or form in any activities,directly or indirectly,aimed at controlling,countering,mitigating or otherwise eliminating Maoist/Naxalite activities”.

The BJP government in Chhattisgarh promulgated an ordinance to raise an armed police force in tribal areas “to assist the security forces”.

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