[2009 Chhattisgarh Extrajudicial Killings] Supreme Court Commences Hearing On UOI's Plea Seeking Action Against PIL Petitioners For Allegations Against Security Forces

The Supreme Court on Tuesday commenced hearing on a 2009 plea for independent investigation into alleged incidents of extra-judicial executions of tribals in Chhattisgarh.The Union Government had in April this year filed an application in the Supreme Court seeking action against petitioners who filed this PIL making allegations against security forces of committing extra-judicial killings during anti-Maoist operations in Chhattisgarh. Contending that the petitioners deliberately submitted false informaiton before the Court, the Centre has sought action for perjury against them. In an application filed before the court, the Centre has sought directions to hold the petitioners guilty of leveling false charges of offence and of giving false and fabricated evidence before the Supreme Court with an intention to procure conviction for a capital offence or for life imprisonment against the personnel of security forces and to shield the actual Left Wing Extremist culprits. Further directions have been sought to CBI/NIA or any other central investigating agency or any other monitoring committee, to register an FIR and conduct an in-depth investigation. The Centre has submitted that to protect the Left Wing Extremists, the security personal have been made scapegoats to bear the brunt of false accusations. "The victims of abuse and atrocities inflicted by unscrupulous Left Wing Extremists are being misguided by some motivated individuals to provide legal protection to the Left Wing Extremists by obtaining protective orders from this Hon'ble court through fraudulent and deceitful machinations," the Affidavit states. Saying so, an investigation is being sought to identify the individuals/organisations, who have been "conspiring, abetting and facilitating filing of petitions premised on false and fabricated evidence with a motive to either deter the security agencies to act against Naxal militia by imputing false charges". Centre's application has been filed in response the PIL filed by Himanshu Kumar and others seeking directions to have the CBI take over the investigation and prosecution with respect to the complaints made by the Petitioners and others, relating to the alleged massacres that took place in Chhattisgarh on 17.9.2009 and 1.10.2009. Further directions were sought for payment of compensation to the victims and their families for the extra judicial executions for the looting of their properties, burning of their houses, and other losses suffered by the victims.mThe government has alleged that the petitioners sought to portray the incident as act of barbarianism committed by security forces, where the special operation teams of police and paramilitary forces were alleged to have indulged into torturing, looting and outraging the modesty of family members of those encountered. The Centre has submitted that the Petitioners, who on affidavit, narrated incidents alleging it to be gruesome killings and massacres of innocent tribal villagers, have on their own or under influence of others, brazenly made false statements in the petition and have filed false affidavits.On Tuesday, the bench headed by Justice A. M. Khanwilkar heard SG Tushar Mehta and Senior Advocate Colin Gonsalves for the petitioners.SG: "This is a very serious matter. It Concerns Chhattisgarh which is Such a seriously Maoist infected area. I have moved an application- The main matter does not survive. I would request your lordships to see some pages of the petition that will go to the root of the matter. It has been the case of all governments across political colour that there are some groups who are explicitly helping this Maoist activity either by providing them other services or by fighting for them in courts- sometimes directly, sometimes in a pseudo manner like the present case"Indicates page 1 of the petitioner. Petitioner number one is Shivanshu Kumar. Two onwards other persons who are affected persons. They are the tribals, the general tribals. Chhattisgarh government, union of India and CBI is the party. Affidavit is affirmed by Himanshu Kumar who claims to be running oneNGO. Please see what picture he has created. See the systematic attempt to demoralise or security forces.The SG quoted the following excerpt from the petition, concerning the allegations, the prayers and the petitioners- "The petitioners above named submit the present writ petition under article 32 of the Constitution seeking intervention of the court through a writ of mandamus or any other writ and/or direction to have the CBI take over the investigation and prosecution with respect to the complaints made by the petitioners herein and others with respect to the massacre that took place on 17.09.09 and 1.10.2009 in the villages of (...), (...) and (...) in the district of Dantewada, Chhattisgarh by the Chhattisgarh police, special police officers, activists of Salwa Judum (group of vigilantes sponsored by the Chhattisgarh government) and the paramilitary forces...

[2009 Chhattisgarh Extrajudicial Killings] Supreme Court Commences Hearing On UOI's Plea Seeking Action Against PIL Petitioners For Allegations Against Security Forces

Mehal Jain

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