BJP leaders Amit Shah, Vijay Sharma slam opposition’s vice-presidential candidate Justice Sudershan Reddy over Salwa Judum judgment of 2011

Union Home Minister Amit Shah on Friday, 22nd August, launched a sharp attack on the opposition’s Vice President candidate, Justice B. Sudershan Reddy, accusing him of supporting left-wing extremism through his past judgments.

Speaking at a conclave organised by Malayalam news outlet Manorama in Kochi, Shah said the Congress party had fielded Reddy under pressure from its Left allies.

“The opposition (Congress) vice presidential candidate Sudarshan Reddy is the same person who gave the Salwa Judum judgment in support of leftist extremism and Naxalism. If this had not been done, extremism would have been eradicated by 2020. Kerala has suffered the sting of Naxalism and endured extremism as well. The people of Kerala will surely see how, under pressure from the leftists, Congress has chosen such a candidate who used a platform like the Supreme Court to support leftist extremism and Naxalism,” Shah said, suggesting that the move exposed the opposition’s political priorities.

BJP leader Vijay Sharma’s also criticised the opposition’s VP candidate

Chhattisgarh Deputy Chief Minister and BJP leader Vijay Sharma has also criticised the opposition’s Vice President candidate, Justice B. Sudershan Reddy, claiming that one of his judgments in 2011 led to a surge in Naxal violence in the state.

Speaking at a lecture in Pune on the topic “Tackling the Naxal Challenge in Chhattisgarh,” Sharma claimed that the judgment had created fear and panic in Bastar, leading to a wave of killings and brutal attacks by Naxal groups.

“After the judgment of 2011, Bastar was gripped by terror. Thousands became victims of Naxal violence. Many were shot dead, others crippled, and some even strangled. People have not forgotten that horror,” Sharma said.

He further said that people of Bastar still asked him whether the same judge who gave that verdict was now the opposition’s Vice President candidate. “They remember his name. They ask how such a person can be accepted for the country’s second-highest constitutional office,” he said.

Sharma explained that the Salwa Judum movement had started as a people’s response to the atrocities committed by Naxals in Bastar. Villagers, he said, had set up their own camps to protect themselves, without any initial involvement of the government. Later, the state extended limited support and some of the members were recruited as Special Police Officers (SPOs). The movement, he said, was essentially about “restoring peace,” since the word Judum meant peace.

He argued that the judgment declaring Salwa Judum unconstitutional was not based on ground realities but on “academic reasoning.” According to him, the Supreme Court never heard the voices of Bastar’s people before pronouncing the verdict. Instead, the court only considered arguments made in Delhi by petitioners and police officials, leaving those who were directly affected unheard.

The Chhattisgarh leader said the BJP government in the state, in line with Amit Shah’s announcement, had resolved to wipe out armed Naxalism from Bastar by March 2026. “We are determined to take the Indian Constitution to every corner of Bastar. Naxals are not fighting for anyone’s rights; they only believe in Maoist ideology, which says power flows from the barrel of a gun. With this ideology, they are trying to create fear among local people,” Sharma said. He added that the government was also working to bring those involved in the Maoist movement back into the mainstream.

What the Supreme Court judgement said

In a judgement in 2011, a two-judge bench of the Supreme Court, Justices Sudershan Reddy and SS Nijjar disbanded Salwa Judum, an outfit in which tribal youth were appointed by the Chhattisgarh government as Special Police Officers (SPOs) to counter the Maoist insurgency.

The verdict was in reaction to a petition presented by social anthropologist Nandini Sundar and others, who had objected to the Chhattisgarh government’s move to arm tribal youths and use them as SPOs to counter Maoists.

In a strong indictment of the state’s policy, the court ruled that appointing poorly educated tribal youth, some with only a fifth standard education, as armed security forces violated constitutional principles.

The bench said the Chhattisgarh government must immediately recall all firearms issued to SPOs, including rifles and other weapons. It directed the state to stop using SPOs in any form of counter-insurgency operations and asked both the Centre and the state government to ensure their safety against possible Maoist attacks.

The judgment also ordered the state to investigate all allegations of human rights violations and criminal acts committed by Salwa Judum members or those known as Koya Commandos. The bench made it clear that no group could be allowed to take the law into its own hands or act outside the Constitution.

“The effectiveness of the force cannot be the sole criterion to judge whether it is constitutionally permissible,” the bench observed. It added that even if SPOs were somewhat effective in fighting Maoists, the “dubious gains” came at the cost of massive constitutional violations and damage to social order.

Justice Reddy, writing the order, stressed that every organ of the state had to work within the “four corners of constitutional responsibility.” While acknowledging that Chhattisgarh faced a serious security threat from Maoist violence, the court said that condoning extra-constitutional methods was not acceptable. “The state has the obligation, both moral and constitutional, to combat extremism while ensuring security for citizens,” the bench said.

The ruling was a setback to both the Centre and the Chhattisgarh government, which had defended Salwa Judum as a necessary measure against Maoists. But the court concluded that the militia-style outfit was illegal and unconstitutional, effectively shutting it down.

The upcoming vice presidential election

These remarks against Justice Reddy come just weeks before the Vice Presidential election, where he is set to face off against the NDA’s nominee, C.P. Radhakrishnan. The INDIA bloc has extended its support to Justice Reddy, making the contest a direct fight between the two.

Polling for the Vice President’s post is scheduled for 9th September, with counting to be completed the same day. Filing of nominations was to be done by 21st August, while withdrawal of candidates can be done till 25th August.

The Vice Presidential post fell vacant after Jagdeep Dhankhar resigned on the first day of the Monsoon Session of Parliament on 21st July, citing health reasons.

The VP is elected by an electoral college, which consists of MPs from both houses of Parliament. The elections of the Vice President are governed by the provisions under Articles 64 and 68 of the Constitution. The Election Commission notifies the VP polls by the Presidential and Vice-Presidential Elections Act, 1952.

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