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The Union government has approached the Supreme Court for an “in-depth investigation” against individuals and organisations trying to use the constitutional courts of the country to shield the Naxal militia, claiming that some motivated persons were able to fraudulently obtain “legal protection to the left-wing extremists” through various court orders.
An application moved by the Centre, through the ministry of home affairs (MHA), urged the court to direct any central investigating agency, including the Central Bureau of Investigation (CBI) or the National Investigation Agency (NIA), to register a criminal case and carry out a comprehensive probe to identify individuals and organisations involved in litigation to protect violent maoist activities.
The plea, moved on Thursday, sought to investigate those “who have been conspiring, abetting and facilitating filing of petitions premised on false and fabricated evidence before this Hon’ble court (Supreme Court) as well as before the hon’ble high courts with a motive to either deter the security agencies to act against the left wing (Naxal) militia by imputing false charges on them or to screen off the left wing (Naxal) militia from being brought to justice by creating a false narrative of victimization before the hon’ble courts.”
The MHA moved this application in a petition filed by activist Himanshu Kumar in 2009, accusing Chhattisgarh police and central security forces of killing 17 tribals in two separate incidents in Dantewda district that year.
Kumar’s petition also joined 12 villagers who corroborated the version of extra-judicial killings, accusing the security forces of killing two villagers from Velpocha and Nalkathong, along with the nine at Gompad, on October 1, 2009. It further held them responsible for the deaths of six villagers at Gachanpalli on September 17, 2009. The petition demanded a CBI probe into the killings, strict action against the security forces and compensation for the victims’ families.
In February 2010, the top court had asked Delhi’s district judge GP Mittal to record the statements of the 12 tribal petitioners, in the presence of an interpreter as well as Kumar. The court also directed videography of the entire incident to ascertain witnesses are free from any coercion or threat, besides ordering security for them. The district judge submitted his report on the witnesses’ statements and on March 19, 2010, the top court directed that the report be given to all the parties.
In its application, the Centre said that “surprisingly” the report was nowhere to be found in its records and that it had to make numerous attempts to procure the records from the Supreme Court registry. When the government finally got a copy of the district judge’s report following the court order on March 25 this year, the application said that falsity and malicious attempts by Kumar and other petitioners to mislead the court by maligning the security forces came to light.
According to the Centre, the report recorded the complainants before the court as stating that some persons came from the forest and murdered the villagers, and none of them made any allegation against members of the security forces. “In fact, they have clearly stated that none of them was even present at the place of such crimes as they had all run away in the jungle upon hearing the sound of the firings,” contended the application.
It pointed out that a suspension of the crackdown on naxal outfits by the security forces in Chhattisgarh was successfully achieved by the petitioners in this case by filing a petition in 2009 and by seeking adverse orders against security forces.
“It is submitted that the modus adopted in the instant case, has over the period of time, become a norm where false petitions are filed by individuals and organisation who are either supporters of the left wing extremism or benefit, financially and politically, from the left wing extremist activities and protective orders are obtained from the courts by fraud,” the Centre’s plea said, adding that these attempts have a chilling effect on the members of the armed forces in planning or participating in operations against the extremist groups.
“Such an environment for the functioning of security apparatus in any country is extremely undesirable and in fact dangerous for the security of the nation and its people… there is an expedient and urgent need to guard against irresponsible, unjustified and by far, brazen false accusations against the security personnel,” it further said.
Imploring the court to order an investigation, the plea added that the practice of obtaining orders from constitutional courts through fraud with the objective of facilitating smooth functioning of the left wing militia is a direct threat to the security of the nation, which needs to be addressed on an immediate basis.
The MHA has also urged the court to hold Kumar and his co-petitioners guilty of levelling false charges of murder against the security forces and to screen off the actual offenders of naxal terrorism.
A bench, headed by justice AM Khanwilkar, is expected to consider the Centre’s request on April 28. Solicitor general Tushar Mehta represents the Union government in this case.
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