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Dalit Bahujan Adivasi Rule of Law

SC dismisses plea filed seeking independent probe into alleged extra-judicial killings of Chhattisgarh tribals by security forces

The Court imposes Rs. 5 Lakh costs on the first petitioner

Sabrangindia 14 Jul 2022

Supreme court

On July 14, 2022, the Supreme Court dismissed a writ petition seeking independent investigation into alleged extra-judicial killings of tribals in Chhattisgarh by security forces during anti-Naxal operations. The court however, imposed an "exemplary cost" of Rs 5 lakhs on the first petitioner, reported LiveLaw.

A bench comprising Justices AM Khanwilkar and JB Pardiwala had heard the petition that was filed in 2009, and had reserved the judgment on May 19. The bench has now imposed a cost of Rs. 5 lakhs on the first petitioner Himanshu Kumar.

The Central Government had reportedly filed an application seeking perjury proceedings against the petitioners alleging that they were depicting the executions carried out by Naxals as done by security forces. Denying the Centre’s plea to initiate such proceedings, the Court reportedly said that action can be taken against the petitioners for making false charges under IPC Section 211 and for criminal conspiracy.

According to LiveLaw, Justice Pardiwala reportedly read out the operative portion of the order: “We leave it to the State of Chhattisgarh to take apt steps in accordance with law as discussed above with reference to the assertions in the interim application. We clarify that it would not only be limited to the offence of S.211 of the IPC. A case of conspiracy or any other offence may also surface. We have not expressed any final opinion. We leave it to the better discretion of the Stare. We are not proceedings further with perjury but leave it o the State to take apt step. It could be prosecution under S211 or any other other that may surface ultimately.”

A probe was requested by a central agency by Solicitor General of India Tushar Mehta citing reasons such as to avoid “inter-state ramifications”. However, Justice Khanwilkar reportedly said that the bench would clarify the same and sign the order.

Senior Advocate Colin Gonsalves, appearing for the petitioners, had reportedly submitted that there should be an independent investigation by CBI/NIA.

"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 Centre had said in its application, as reported by LiveLaw. SG Mehta reportedly informed the Court that the petitioner is the director of an NGO Vanavasi Chetna Ashram, whose FCRA license was suspended for not accounting foreign contributions.

 

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SC dismisses plea filed seeking independent probe into alleged extra-judicial killings of Chhattisgarh tribals by security forces

The Court imposes Rs. 5 Lakh costs on the first petitioner

Supreme court

On July 14, 2022, the Supreme Court dismissed a writ petition seeking independent investigation into alleged extra-judicial killings of tribals in Chhattisgarh by security forces during anti-Naxal operations. The court however, imposed an "exemplary cost" of Rs 5 lakhs on the first petitioner, reported LiveLaw.

A bench comprising Justices AM Khanwilkar and JB Pardiwala had heard the petition that was filed in 2009, and had reserved the judgment on May 19. The bench has now imposed a cost of Rs. 5 lakhs on the first petitioner Himanshu Kumar.

The Central Government had reportedly filed an application seeking perjury proceedings against the petitioners alleging that they were depicting the executions carried out by Naxals as done by security forces. Denying the Centre’s plea to initiate such proceedings, the Court reportedly said that action can be taken against the petitioners for making false charges under IPC Section 211 and for criminal conspiracy.

According to LiveLaw, Justice Pardiwala reportedly read out the operative portion of the order: “We leave it to the State of Chhattisgarh to take apt steps in accordance with law as discussed above with reference to the assertions in the interim application. We clarify that it would not only be limited to the offence of S.211 of the IPC. A case of conspiracy or any other offence may also surface. We have not expressed any final opinion. We leave it to the better discretion of the Stare. We are not proceedings further with perjury but leave it o the State to take apt step. It could be prosecution under S211 or any other other that may surface ultimately.”

A probe was requested by a central agency by Solicitor General of India Tushar Mehta citing reasons such as to avoid “inter-state ramifications”. However, Justice Khanwilkar reportedly said that the bench would clarify the same and sign the order.

Senior Advocate Colin Gonsalves, appearing for the petitioners, had reportedly submitted that there should be an independent investigation by CBI/NIA.

"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 Centre had said in its application, as reported by LiveLaw. SG Mehta reportedly informed the Court that the petitioner is the director of an NGO Vanavasi Chetna Ashram, whose FCRA license was suspended for not accounting foreign contributions.

 

Related:

SC sets aside NGT order shutting down factories operating without Environmental Clearance

Man missing after fighting for forest rights act implementation

Adivasi women forest workers allegedly assaulted by UP Police

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