New Delhi, February 06 2009: The Supreme Court on Thursday said that the government cannot arm common men or those associated with Salwa Judum � an anti-naxal people's movement in Chhattisgarh � to curb the unlawful activities of naxalites, in remarks which are sure to encourage those campaigning for the dissolution of the armed resistance promoted by the state government to counter the growing Left-wing extremism in the state.

"We do not underestimate the enormity of the problem (naxalism).

But state should not encourage the common man by arming them to fight naxalites," a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam observed.

The court made the observations while perusing the action taken report (ATR) filed by the Chhattisgarh government on the recommendations made by the National Human Rights Commission (NHRC) in its report.

The NHRC had probed the alleged human rights violation by Salwa Judum in Chhattisgarh and had pointed to incidents of burning and killing where FIRs were not registered, as well as other cases of high-handedness of the Special Police Officers, civilians armed with weapons to fight naxals.

The court's criticism comes after a setback to the anti-Judum groups because of the defeat of Ajit Jogi-led Congress in the recent assembly polls.

Jogi, disregarding the involvement of senior Congress leaders in Judum, had promised to disband the anti-naxal group after coming to power.

The Bench said "...arming common men will create a dangerous situation...

unless legal powers are vested, you can't arm people".

"Common men are under dilemma whether to support the government or naxalites," the Bench observed when senior advocate K K Venugopal, appearing for Chhattisgarh, said that "naxalites are running a government within the government".

The Bench was of the view that instead of arming common men, the state governments should properly utilise the funds granted to them under schemes sponsored by the Centre for the economic upliftment of the villagers and tribals.

Supporting the state's submission saying Salwa Judum came into existence as a means to counter the activities of naxalites, Venugopal said the law and order situation in naxal affected areas cannot be treated in a simple way.

"The law and order situation is not normal.

It is an extreme situation (in naxal infested areas)," the senior advocate said.

The court, citing the report of the human rights panel, repeatedly reminded the Chhattisgarh government that Salwa Judum was not finding its support.

It also did not agree with Venugopal that government was not supplying arms to Judum activists who would procure illicit arms much in the same way as the naxals.

"It is difficult to accept your submission.

Our view was that Salwa Judum was getting arms from the state government," it said.

The PIL, on which the NHRC probe was ordered, was filed by sociologist Nandini Sundar, historian Ramchandra Guha, former bureaucrat E A S Sarma and others seeking a direction to the state government to refrain from allegedly supporting and encouraging the Salwa Judum.

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