[2009 Chhattisgarh tribal killings] State govt/CBI may take appropriate action against petitioners for levelling false charges: Supreme Court

While dismissing the plea by Himanshu Kumar seeking independent investigation into alleged extra judicial killings in Chattisgarh by Security forces, the Supreme Court allowed an application at the instance of Union of India seeking to initiate appropriate proceedings against the writ petitioners.

"...we leave it to the State of Chhattisgarh/CBI (Central Bureau of Investigation) to take appropriate steps in accordance with law..... We clarify that it shall not be limited only to the offence under Section 211 of the IPC. A case of criminal conspiracy or any other offence under the IPC may also surface. We may not be understood of having expressed any final opinion on such action/proceedings", the Court has further ordered.

Union of India filed an application in the main plea under Section 340 of the Code of Criminal Procedure, 1973 read with Section 195 of the CrPC requesting the Court to initiate appropriate proceedings against the writ petitioners for the offence of perjury punishable under Section 193 of the Indian Penal Code.

It was vehemently asserted that the writ petitioners were guilty of levelling false charges of various offences and could be said to have fabricated evidence before the Court in judicial proceedings.

A bench of Justices Khanwilkar and Pardiwala noted that there are two conditions, on fulfillment of which, a complaint can be filed against a person who has given a false affidavit or evidence in a proceeding before a court.

The first condition being that a person has given a false affidavit in a proceeding before the court and, secondly, in the opinion of the court it is expedient in the interest of justice to make an inquiry against such a person in relation to the offence committed by him.

Court also referred to the offence mentioned under Section 211 (False charge of offence made with intent to injure) of the IPC keeping in mind the fact that the First Information Reports (FIRs) lodged by the writ petitioners at the different police stations were investigated and at the end of the investigation, the investigating agency reached to the conclusion that the police force had no role to play, rather Naxals were responsible for the massacre.

"Prima facie, it could be said that false information was given by the first informants to the police as regards the alleged massacre by the police force...", the Court observed.

However, Court has left it to the better discretion of the State of Chhattisgarh/CBI to act accordingly keeping in mind the seriousness of the entire issue.

Case Title: Himanshu Kumar Vs State of Chhattisgarh