Centre moves SC seeking perjury charges against petitioner who accused security forces of extra-judicial killings during anti-Naxal operations

The Centre contended that the nature of the relief sought for in the plea filed by Himanshu Kumar and some of the kin of the alleged victims were of such nature as to halt the operations of the security forces and secure legal protection to the left-wing extremists by creating a narrative of victimisation.

Hearing the 2009 petition, the SC had on February 15, 2010, asked a Delhi district judge to record the statements of the petitioners.

The Centre said it had got the copies after a court order in March 2022 and that “after going through” it, “has found shocking aberrations and fabrications in the statements of the petitioners…”

“It is respectfully submitted that a bare perusal of the recordings submitted by the Ld. District Judge before this Hon’ble Court reveals that all the averments made by the petitioner in the petition were ex-facie false and fabricated and it is now clear that all the said deceitful averments were made by the petitioner with malicious and audacious attempt to mislead the court and to obtain orders from this hon’ble court by playing fraud on conscience and magnanimity,” said the plea.

The Centre added 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”.

The Centre’s application also said “it has become clear that this false narrative of a massacre of innocent tribals by security forces was created to somehow achieve immediate cessation of advancement of the security forces against the cornered armed Left-wing extremists. The said object was sought to be achieved, and was in fact achieved by the petitioner, by misleading the Hon’ble Court and by seeking adverse orders against security forces by portraying false facts/ picture before the court and by playing fraud on this Hon’ble Court”.

The plea also urged the SC to direct a probe by Central Bureau of Investigation (CBI) or the National Investigation Agency (NIA) or any other central agency “to identify the individuals/organisations who have been conspiring, abetting and facilitating filing of petitions premised on false and fabricated evidence…..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 victimisation…”