SC dismisses plea seeking independent probe into alleged extra-judicial killings of tribals in Chhattisgarh
Jul 14, 2022
New Delhi [India], July 14 : The Supreme Court on Thursday dismissed a plea filed in 2009 seeking an independent investigation into alleged incidents of extra-judicial killings of 17 tribals by security forces during anti-Naxal operations in Chhattisgarh.
A bench of Justices AM Khanwilkar and JB Pardiwala also imposed a cost of Rs five lakh on Himanshu Kumar, a tribal rights activist. It asked Kumar to deposit the cost within four weeks before the Supreme Court Legal Services Committee, failing which recovery steps will be taken.
The verdict of the top court came on a Public Interest Litigation (PIL) filed by Kumar seeking an independent probe into alleged extra-judicial killings of tribals in Chhattisgarh in 2009.
The apex court in its verdict left it to the Chhattisgarh government to act on the application filed by the Central government seeking prosecution against the petitioner for the offence of making false charges.
"We leave it to the State of Chhattisgarh to take action. Actions should not be confined only to Section 211 of IPC. We are not proceeding with perjury, but it is open to State government to include charges like criminal conspiracy etc...," the bench said.
The Central government had moved an application before the top court seeking to hold Kumar, who filed the PIL, guilty of levelling false charges of extra-judicial killings against security forces. The Centre said perjury proceedings be initiated against Kumar for misleading the top court by attributing the 2009 killing of tribal villagers to security forces when the Naxals had committed the murders.
On February 15, 2010, the Supreme Court had asked Delhi court's District Judge GP Mittal to record the statements of tribals, who were joined as petitioners by Himanshu Kumar, in presence of an interpreter as well as the petitioner himself and videography of the entire incident. The District Judge submitted his report on March 19, 2010.
Petitioner Kumar had moved the top court claiming that between September 2009 and October 2009, security personnel had not only committed extra-judicial killings but also tortured, outraged the modesty of family members, and looted family members of those encountered in Chhattisgarh's Dantewada district.
