New Delhi : Supreme Court dismisses a writ petition filed in 2009 seeking independent investigation into alleged extra-judicial killings of tribals in Chhattisgarh by security forces during anti-Naxal operations with a cost of Rs 5 lakhs. Petitioner name is Himanshu Kumar. He is directed to pay Rs 5 lakhs in 4 weeks in the Supreme Court's legal services authority.
State of Chhattisgarh can take action against him including prosecution. On SG Tushar Mehta's pointing out that they had sought Central agencies' interference in the matter as it inter state can be an issue....SC says yes it allows central agencies also to deal with the matter
A plea seeking an independent probe into the killing of some villagers in Chhattisgarh during an anti-Naxal operation in the state in 2009. A bench of Justices AM Khanwilkar and JB Pardiwala also imposed an exemplary cost of Rs five lakh on petitioner and social activist Himanshu Kumar. The plea was filed by Kumar and others in connection with the killing of around a dozen villagers in Dantewada district during the anti-Naxal operation.
On Centre's petition seeking prosecution against the petitioners for the offence of making false charges, the bench left it on the Chhattisgarh government to take action. And, also permitted a probe against individuals and organisations, The court said that action can be taken not only for false charges but also for criminal conspiracy. The bench said it leaves it to Chhattisgarh to take apt steps in accordance with law in connection with assertions in the interim application by the Centre. "We clarify that it would not only be limited to the offence of Section 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 state," said the bench. Detailed judgment in the matter will be uploaded later in the day
