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Kumar along with some tribals from the areas had filed a plea in 2009 over the alleged killing of tribals in Dantewada District, Chattisgarh in September and October 2009. In February 2010, the Court had asked Kumar to produce the tribals arrayed as petitioners in the PIL to speak with them personally and understand their side of the story.
A Supreme Court bench of Justices Khanwilkar and Pardiwala today dismissed the plea by Himanshu Kumar seeking independent investigation into alleged extra judicial killings in Chattisgarh by Security forces. The court has imposed a cost of Rs.5 lakhs.
Kumar along with some tribals from the areas had filed a plea in 2009 over the alleged killing of tribals in Dantewada District, Chattisgarh in September and October 2009. In February 2010, the Court had asked Kumar to produce tribals arrayed as petitioners in the plea to speak with them personally and understand their side of the story.
When the tribals were brought to the court, it was noticed that they speak only ‘Gondi language’ and no other language. Court while noting that their security is a paramount consideration said, “It is equally important that they should be allowed to express themselves freely without being influenced by any outside agencies or individuals.”
Court thus appointed Judge G.P.Mittal, the District Judge of Tis Hazari Court to record their statements in the presence of the interpreter as well as Kumar. Court further ordered that District Judge shall proceed to record the statement only after being satisfied that the persons produced before him are free from any pressure and are capable of making statement without coercion. Upon recording the statements, the district judge filed a report which is being considered by Supreme Court in the case.
Earlier, Solicitor General of India Tushar Mehta submitted that all the petitioners informed the district judge that the security forces did not commit any such acts. The law officer told the court that this proved that the averments of the writ petition were false. Speaking of the bonafides of the petitioner, the SG said that the petitioner had filed an affidavit after 12 years stating that the tribals were harassed into making the statement by the Security Forces and that in itself establishes the malafide of the petitioner.
Moreever, Justices Khanwilkar and Pardiwala had earlier told Himanshu Kumar, who filed this petition seeking CBI probe into the alleged killing of tribals by Special Security Forces and Chattisgarh Police, that there should be a factual foundation laid to ascertain that the other agencies have not conducted a proper investigation and that there was no such proof. Senior Advocate Colin Gonsalves who appeared for the petitioner had informed the court that the petitioner had moved the court for a CBI investigation as neither the tribals, nor Kumar trusted the Chattisgarh police.
Case Title: Himanshu Kumar Vs State of Chattisgarh
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