On Thursday, the Supreme Court of India dismissed a writ petition brought by activist Himanshu Kumar asking for a CBI investigation into the alleged 2009 deaths of 17 tribals in Dantewada by the Central Security Forces and Chhatisgarh Police.

Himanshu Kumar claims in his appeal that the security forces killed 17 innocent tribal people and abused many more. According to the supposed testimony he allegedly recorded in 2009, Kumar said that after he filed the case, he was forced to leave the Naxal-dominated areas of Jharkhand.

The petition’s claims were deemed unfounded and concocted by the top court. With rejecting the lawsuit, the court also fined the petitioner Rs. 5 lakh.
Additionally, the top court also granted the government the freedom to indict Kumar for conspiring and fabricating evidence against the national security apparatus and state police. The apex court stated that such petitions not only pose threat to national security but lower the morale of security forces.

According to Kumar’s appeal, he interviewed people of three villages that were formerly in the Dantewada district but are now part of the Sukma district. According to the testimonies he reported, people said that security personnel murdered two villagers each in Velpocha and Nalkathong, as well as nine in Gompa. According to reports, both instances happened in October 2009. On September 17, 2009, six additional fatalities were allegedly reported.

The state government is first free to take the proper measures against Kumar thanks to permission from the supreme court. The Solicitor General (SG) asked the court, though, if the central agencies could proceed because the consequences would affect more than one state.

The Union Home Ministry requested that the Supreme Court refer the case to the CBI or NIA in order to identify those who fabricate charges against the security personnel in order to shield Naxal fanatics in its response to Kumar’s allegations.

The centre responded by stating that the testimony was falsified and untrue after reviewing the recordings and other evidence. “After studying the said tapes, the respondent has discovered astonishing fabrications and aberrations in the petitioners’ claims that were subjected to the district judge’s scrutiny,” the Center claimed.

All of the allegations made by the petitioner were ex-facie untrue and contrived, according to the recordings that were presented to the top court.

It added, “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.” The Centre also alleged that by using the petition, the petitioner intended to protect the Left Wing Extremists (Naxal).

The Centre said, “Individuals and organizations are conspiring, abetting and facilitating filing of petitions premised on false and fabricated evidence… with a motive to either deter the security agencies from acting against the Left Wing (Naxal) militia by imputing false charges on them or from a screening of the Left Wing (Naxal) militia from being brought to justice by creating a false narrative of victimization before the Hon’ble Courts.”

The Naxals were responsible for killing the tribal people, according to the Center. It is noteworthy that the Centre was only given access to the statements made in the matter in 2010 in March 2022.

The Centre said, “Though in the year 2010, it is possible that the said report may have been received by the counsel for the applicant… surprisingly, the said report was nowhere found in the official records of the applicant.”

The government said the majority of the villagers had run off into the jungles upon hearing the gunshots. Some of them said they saw the attackers come from the jungle. “None of the petitioners has even remotely made any accusation against police or other security personnel,” added the Centre.

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