SC dismisses petition demanding CBI probe in killings of 17 tribals in Dantewada

|HT|

The Supreme Court on Thursday dismissed activist Himanshu Kumar’s petition demanding a Central Bureau of Investigation (CBI) probe against Chhattisgarh Police and central security forces for allegedly killing 17 tribals in two separate places in Dantewada in 2009 and fined him ₹5 lakh for misusing the judicial process. A bench of justices AM Khanwilkar and JB Pardiwala also permitted a criminal investigation against individuals and organisations allegedly involved in securing legal protection to the Left-wing extremists through judicial processes.

The order allowing the probe was passed on an application by the Union government, seeking a nod for an investigation by a central agency against entities trying to use the constitutional courts to shield Maoists.

Reading the operative part of the judgment, justice Pardiwala said appropriate proceedings could be initiated against Kumar for recovery of the penalty.

Kumar accused security forces of extra-judicial killings and demanded action as well as compensation for the families of those killed.

In February 2010, the court asked district judge GP Mittal to record the statements of the 12 tribals named as witnesses in the presence of an interpreter as well as Kumar. The court directed videography of the proceedings to ascertain witnesses were free from any coercion or threats, besides security for them. Mittal submitted later his report on the statements. In March 2010, the court directed that the report be given to all the parties. The matter came up for a final hearing earlier this year when the Centre moved an application saying Mittal’s report surprisingly went missing from the court records and was found in March 2022.

The Centre said the report said the complainants testified that some unknown persons came from the forest and murdered the villagers. None of them made any allegation against members of the security forces, it added. “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.”

The Centre said the report brought to light Kumar’s and other petitioners “malicious attempts” to mislead the court by maligning the security forces. It urged the court to direct any central investigating agency, including the CBI or the National Investigation Agency, to register a criminal case and carry out a probe to identify individuals and organisations involved in litigation to protect violent Maoists. The plea 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 [Maoist] militia by imputing false charges on them or to screen off the Left wing militia from being brought to justice by creating a false narrative of victimization before the hon’ble courts.”

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