Himanshu Kumar vs State Of Chhattisgarh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 616

A. M. KHANWILKAR, J. B. PARDIWALA
Himanshu Kumar – Appellant
Versus
State Of Chhattisgarh – Respondent

Advocates appeared:
For the Appellant :Colin Gonsalves, Sneha Mukherjee, Advocate, Satya Mitra, Advocates
for the Respondent:Tushar Mehta, Neela Gokhale, Rajat Nair, Arvind Kumar Sharma, B. V. Balaram Das, S. C. Verma, Sumeer Sodhi, Abhishek Lalwani, Shreekant Neelappa Terdal, Advocates

Judgement Key Points

Question 1? What is the scope and criteria for directing a CBI investigation in a case involving alleged mass atrocities by security forces? Question 2? What are the conditions under which Section 340 CrPC proceedings for perjury and false evidence can be initiated against petitioners? Question 3? What is the standard for evaluating whether allegations against state agencies justify transfer of investigations to a central agency?

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Question 1?

What is the scope and criteria for directing a CBI investigation in a case involving alleged mass atrocities by security forces?

Question 2?

What are the conditions under which Section 340 CrPC proceedings for perjury and false evidence can be initiated against petitioners?

Question 3?

What is the standard for evaluating whether allegations against state agencies justify transfer of investigations to a central agency?

Table of Content
1. allegations of massacre by state forces. (Para 1 , 2)
2. request for investigation and compensation. (Para 3 , 4 , 5)
3. details of victims and incidents. (Para 6 , 7 , 8 , 10)
4. state's defense against allegations. (Para 20 , 32 , 33)
5. court's decision on investigation. (Para 44 , 50 , 66)

JUDGMENT

J.B. Pardiwala, J.

This writ petition under Article 32 of the Constitution of India relates to the alleged massacre that took place on 17th September 2009 and 1st October 2009 respectively in the villages of Gachhanpalli, Gompad and Belpocha respectively situated in the district of Dantewada, State of Chhattisgarh.

2. It is the case of the writ petitioners that the Chhattisgarh Police, Special Police Officers (SPOs), the activists of Salwa Judum (group of vigilantes sponsored by the Chhattisgarh Government) and the Paramilitary Forces consisting of the CRPF and the CoBRA Battalions are responsible for the alleged brutal massacre of the tribals in the respective villages referred to above.

3. In the aforesaid context, the writ petitioners have prayed for the following reliefs

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