: No case made out: SC junks plea for probe in tribal killing, slaps Rs 5 lakh fine (Ld) #IndiaNEWS #National,Immigration/Law/Rights,Politics,Terrorism,Top Story New Delhi, July 14 (IANS) The Supreme
No case made out: SC junks plea for probe in tribal killing, slaps Rs 5 lakh fine (Ld) #IndiaNEWS #National ,Immigration/Law/Rights,Politics,Terrorism,Top Story
New Delhi, July 14 (IANS) The Supreme Court on Thursday junked a plea by activist Himanshu Kumar demanding a CBI probe against the Chhattisgarh Police and central security forces for an alleged massacre of tribals in two separate places in Dantewada in 2009 and also imposed a fine of Rs 5 lakh on for misusing the judicial process.
It pointed at glaring loopholes in the case put by petitioners seeking an independent probe into the killings.
A bench of Justices A. M. Khanwilkar and J. B. Pardiwala said: In the overall view of the matter, we have reached to the conclusion that no case, worth the name, has been made out by the writ petitioners for any further investigation much less through an independent agency to be appointed by this court.
It imposed a fine of Rs 5 lakh on Kumar and directed that it should be deposited within 4 weeks with the Supreme Court legal services committee, failing which recovery steps will be taken against him. Kumar had accused security forces of extra-judicial killings and demanded compensation for families of those killed.
A plea was filed by Kumar and 12 others, who were the family members of the deceased tribals, seeking an independent probe into the killings.
The bench noted that the prime concern and the endeavour of the court of law should be to secure justice on the basis of true facts which ought to be unearthed through a committed, resolved, and a competent investigating agency.
Senior advocate Colin Gonsalves, appearing for the petitioners, vehemently submitted that the alleged brutal incidents of killing of the tribals should be investigated through the CBI. He said the family members of the petitioners were killed in cold-blood by the Chhattisgarh Police, and Special Police Officers (SPOs) appointed by the Chhattisgarh government in collusion with the activists of the Salwa Judum (group of vigilantes sponsored by the state government) and the central paramilitary forces consisting of the CRPF and its CoBRA Battalion, in two separate attacks on September 17, 2009 and October 1, 2009, respectively.
Gonsalves contended that Chhattisgarh government and the Chhattisgarh Police have not done anything so far despite the fact that the eye-witnesses have identified the accused persons in some of the cases. He said not a single eye-witness has been called so far for the purpose of recording his statement.
The bench said it was really taken by surprise that the senior counsel appearing for the petitioners was absolutely oblivious of the fact that all the FIRs were investigated by the investigating agencies concerned and, at the end of the investigation, charge sheets came to be filed in different courts of Chhattisgarh for the offences like murder, dacoity, etc.
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