False charges of extra-judicial killings in Chhattisgarh: Supreme Court imposes ₹5 lakh costs on PIL petitioner

The Supreme Court on Thursday dismissed a petition by activist Himanshu Kumar seeking a Central Bureau of Investigation (CBI) probe against the Chhattisgarh Police and Central security forces into the alleged killing of 17 tribals in 2009. [Himanshu Kumar v. State of Chhattisgarh].The Bench of Justices AM Khanwilkar and JB Pardiwala imposed exemplary costs of ₹5 lakh on Kumar, to be deposited with the Supreme Court Legal Services Authority. It held,"We leave it to 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..."Before the pronouncement concluded, Solicitor General Tushar Mehta requested that the Central government may also be permitted to prosecute the petitioner. "This may have more than one state implication. If Central agency can be permitted," the SG said "Of course you can," said Justice Pardiwala"Kindly if it can be clarified," the SG requested, "Okay we will. We will clarify this and then sign the order," Justice Khanwilkar responded..The Central government had moved an application before the apex court seeking to hold Kumar, who filed the public interest litigation (PIL), guilty of levelling false charges of extra-judicial killings against security forces in relation to operations conducted against left-wing extremists in Chhattisgarh in 2009..That year, Kumar had moved the top court detailing how between September 2009 to October 2009, security forces had not only committed extra-judicial killings, but also raped and looted tribal people in the areas of Gachanpalli, Gompad and Belpocha in the district of Dantewada, Chhattisgarh..As per top court orders in 2010, a Delhi district judge was ordered to record the statements of the petitioners. However, the statements then recorded were made available to the Centre only in March 2022..In its application before the apex court, the Central government claimed that after examining the statements so recorded, it was clear that the arguments made by the PIL petitioner were "ex facie false, fabricated and deceitful."It further stated that the sole objective of the petitioner was to portray the left wing extremists as "innocent tribal victims being massacred by security forces."In the present case, the sole objective of the petitioner was to derail the security forces from their ongoing efforts to neutralize left wing extremism, the Central government contended."It is submitted that all this was done before the highest court of the country and at the altar of national security," the application stated..The Centre had, therefore, prayed for holding the petitioner guilty of submitting false evidence.It also sought directions for the CBI or the National Investigation Agency (NIA) or any other central agency to probe individuals and organisations who have been abetting and conspiring to file petitions in court to deter security forces from acting against naxal militia..[Read judgment]