Centre asks SC to allow probe against petitioner for false charges against security forces

The Union government has approached the Supreme Court accusing a PIL petitioner of levelling false charges and giving fabricated evidence of extra-judicial killings against security forces during operations against left-wing extremists in Chhattisgarh in 2009.

It asked the top court to direct the CBI/NIA to identify individuals or organisations for abetting to file petitions to deter security forces from acting against Naxal militia.

In an application, the government said all the averments made by the petitioner were ex-facie false and fabricated and it is clear that all the deceitful averments were made by him with a malicious and audacious attempt to mislead the top court.

“The said insolent false averments were made with a malafide objective to change the narrative of the incident and with malicious design, ie, 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,” the application claimed.

Petitioner Himanshu Kumar had moved the top court claiming that between September 2009 and October 2009, security personnel had not only committed extra-judicial killings but also tortured, outraged the modesty of family members, and looted family members of those encountered in Chhattisgarh's Dantewada district.

In 2010, the court directed a Delhi district judge to record the statements of the petitioners. However, the Centre said it could access these statements only in March this year, showing "shocking aberrations and fabrications" between statements and pleadings and complaints made in the writ petition.

The modus operandi adopted in the instant case, has over the period of time, become a norm where false petitions are filed by individuals and organisation who are either supporters of left-wing extremism or benefit, financially and politically, from left-wing extremist activities and protective orders are obtained from the courts by playing fraud, it said.

“Further absence of a stern action being taken against them for playing fraud on the court has embolden them who have now made a practice of filing such false and vexatious petitions based on self-serving/self-generated fact-finding reports," it claimed.

The Centre said the motive of this petition was also to derail the ongoing efforts of security forces in neutralising the left-wing extremism movement and the armed left-wing extremists.

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