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The Central Government has moved an application before the Apex Court seeking direction to initiate a CBI/ NIA probe against Individuals/ organizations conspiring, abetting and facilitating filing of petitions premised on false and fabricated evidence before the Supreme Court 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.

The application has been filed in a 2009 Public Interest Litigation moved against the Special Security Forces and Chattisgarh Police over the alleged killing of tribals in Dantewada District, Chattisgarh in September and October 2009.

In furtherance of this PIL, the Supreme Court on February 15, 2010, had requested District Judge GP Mittal to record the statements of the petitioner, to first satisfy himself that the petitioners, who are required to be examined are not under any pressure or threat from any quarter whatsoever.

The instant application filed by the Ministry of Home Affairs through Advocate Arvind Kumar Sharma states that the recordings etc. submitted by the Ld. District Judge before the Apex Court reveals that all the averments made by the petitioner in the petition were ex-facie false and fabricated.

"It is now clear that all the said deceitful averments were made by the petitioner with malicious and audacious attempt to mislead this Hon'ble court and to obtain orders from this Hon'ble court by playing fraud on its conscience and magnanimity," the application adds.

In addition to this, it has also been submitted that it is apparent that the said insolent false averments were made with a malafide objective to change the narrative of the incident and with malicious designs i.e. to portray the dreaded Left Wing Extremists (Naxals), who were waging an armed rebellion against the security forces of the country and threatening the sovereignty and integrity of the country, as innocent tribal victims being massacred by the security forces.

Case Title: Himanshu Kumar & Ors. Vs. State of Chattisgarh