'Peace Process Ongoing' : Supreme Court Adjourns PIL Alleging Killing Of Innocents During Chhattisgarh Anti-Naxal Operations

In a public interest litigation accusing security forces in Chhattisgarh of killing 15 innocent Adivasis at Sukma (in 2018), the Supreme Court today noted that attempts at peace are being made in the area and the Court's intervention at this point might unnecessarily come in the way of the same.

A bench of Justices BR Gavai and AG Masih briefly heard the matter and adjourned it to July, after Solicitor General Tushar Mehta alleged that the petitioner had made false claims.

The SG submitted that it was a case of "false" statements and money was paid to the persons who made the subject statements (relied upon by the petitioner). He further apprised that an application has been filed by the authorities seeking a Supreme Court-monitored investigation to unearth the source of the present litigation.

In addition to the foregoing, the SG claimed that the PIL was filed by a Telangana-based NGO to "demoralize" the security forces. He further pointed out that photographs of incidents in Orissa and Maharashtra were filed by the petitioner in support of its case. Only when it was objected to, the petitioner apologized and conceded the error.

Responding to the submission, Justice Gavai said, "We will have it in July. Peace process is going on there. Today there is news that 26 people have surrendered. Unnecessarily such litigation would come in the way of this process...If peace is coming back in the area, why should we unnecessarily [...] things which might...".

Discouraging "digging up of the past", the judge referred to the situation of Manipur, saying that both sides want peace in the state, but there are some elements which are opposed to it.

Senior Advocate Colin Gonsalves, appearing for the petitioner, highlighted the importance of judicial intervention in such matters by pointing out that since the Manipur extra-judicial killings judgment (2016), which contemplated investigation and punishment in respect of members of armed/police forces accused of using excessive force, the number of annual killings have dropped from 300 to 3. However, the bench decided to list the matter in July.

Case Title: CIVIL LIBERTIES COMMITTEE (TELENGANA STATE) REP. BY GENERAL SECRETARY Versus UNION OF INDIA AND ORS., W.P.(Crl.) No. 193/2018