On July 14, the Supreme Court of India dismissed a writ petition filed by activist Himanshu Kumar seeking a CBI probe against Central Security Forces and Chhatisgarh Police for allegedly killing 17 tribals in Dantewada in 2009. The apex court found the allegations raised in the petition false and fabricated. The court imposed a fine of Rs 5 lakh on the petitioner while dismissing the case.
SG: This may have more than one state implication. If Central agency can be permitted
— Bar & Bench (@barandbench) July 14, 2022
Justice Pardiwala: ofcourse you can
SG: kindly if it can be clarified.
SC: Okay we will
Justice AM Khanwilkar: we will clarify this and then sign the order#supremecourt
Furthermore, the apex court has given the central government liberty to book Kumar for conspiracy and forging evidence against the central security forces and state Police.
It has also given the central government liberty to register offences for conspiracy and forging evidence against all involved in making false accusations against security forces. Initially, the apex court has given liberty to the state government to take appropriate action against Kumar. However, the Solicitor General (SG) requested the court if the central agencies could be permitted to take action as the implications might be on more than one state.
The writ petition filed by Himanshu Kumar
In its petition, Himanshu Kumar has alleged that the security forces killed 17 innocent tribals and tortured many others. Based on the alleged testimonies recorded by him in 2009, Kumar claimed to have been forced out of the Naxal-dominating regions of Jharkhand after he filed the petition. Kumar ran an NGO names Vanvasi Chetna Ashram.
In his petition, Kumar claimed he recorded testimonies of residents of three villages that were then in Dantewada district and now come under Sukma district. In the testimonies, the locals allegedly accused security forces of killing two villagers in Velpocha and Nalkathong and nine villagers in Gompad. Both incidents allegedly took place in October 2009. Another six were claimed to have been killed on September 17, 2009. Several others were allegedly injured by the security forces.
Reply from the central government
In its reply to the Supreme Court against the allegations by Kumar, the Union Home Ministry urged the apex court to hand over the matter to CBI or NIA to identify the individuals who file false cases against the security forces to protect Naxal extremists.
In its reply, the centre said that after examining the recordings and other evidence, it was found that the testimonies were false and fabricated. The Centre said, “After viewing the said recordings, the respondent has found shocking aberrations and fabrications in the statements of the petitioners that were examined by the district judge.
The recordings submitted before the apex court revealed that all the averments made by the petitioner were ex-facie false and fabricated.
It added, “It is now clear that all the said deceitful averments were made by the petitioner with malicious and audacious attempt to mislead this Hon’ble court.” The Centre also alleged that by using the petition, the petitioner intended to protect the Left Wing Extremists (Naxal).
The Centre said, “Individuals and organizations are conspiring, abetting and facilitating filing of petitions premised on false and fabricated evidence… with a motive to either deter the security agencies from acting against the Left Wing (Naxal) militia by imputing false charges on them or from screening off the Left Wing (Naxal) militia from being brought to justice by creating a false narrative of victimization before the Hon’ble Courts.”
The Centre also stated that the Naxals were the murders of the tribal people. It is notable that the statements taken in the matter in 2010 were only made available to the Centre in March 2022. The Centre said, “Though in the year 2010, it is possible that the said report may have been received by the counsel for the applicant… surprisingly, the said report was nowhere found in the official records of the applicant.”
The government said the majority of the villagers had run off into the jungles upon hearing the gunshots. Some of them said they saw the attackers come from the jungle. “None of the petitioners has even remotely made any accusation against police or other security personnel,” added the Centre.
It further added that such petitions were not only a threat to national security but also lowered the morale of the security forces.
