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 :

“(a) Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to have the CBI take over the investigation and prosecution with respect to the complaints made by the petitioners and others with respect to the massacres that took place on 17.9.2009 and 1.10.2009 as set out in this petition;

(b) Pass an order directing the payment of compensation to the victims and their families for the extra judicial executions, for the looting of their properties, for the burning of their houses and other losses suffered by the victims on account of the unlawful activities of the respondents and their agents;

(c) Pass any such further order or orders, as this Honble Court may deem fit and proper in the facts and circumstances stated herein above.”

4. By way of the Criminal M.P. No. 3173 of 2010, further reliefs have been prayed for as under :

“(a) Order directing the State of Chhattisgarh to constitute and notify a Special Investigation Team (SIT) headed by Shri Sankar Sen (IPS) Dr.K.S.Subramanian, IPS and Mr.Rajneesh Rai, DIG and such other officers as the SIT may deem necessary with additional directions for the proper functioning of the SIT as given by the Supreme Court in the case of NHRC vs. State of Gujarat (2009) 6 SCC 342, 767).

(b) Order directing the State of Chhattisgarh to produce Petitioners 2-12 at Delhi and hand them over to Dr.Mohini Giri, Chairperson, Guild for Services, Shubham, C-25, Qutab Institutional Area, New Delhi;

(c) Order permitting the petitioner no.1 and the advocates for the petitioner no.1 along with their interpreters to meet the petitioners 2-12 at the Guild for Services, New Delhi in the presence of Dr.Mohini Giri;

(d) Order requesting Dr.Mohini Giri, Chairperson, Guild for Services, New Delhi, to interview the petitioners and make a report to this Court.”

5. The facts giving rise to the present writ petition may be summarised as under :

6. The writ petitioner no.1, namely Himanshu Kumar, claims himself to be running an NGO in the name of Vanvasi Chetna Ashram, Kanwalnar Dantewada Chhattisgarh. He claims to be running an NGO for the welfare and development of the tribals residing in the Bastar region. He also claims to be rendering help to the other tribals of the Dantewada district of Chhattisgarh.

7. The writ petitioners nos. 2 to 13 respectively are the kith and kin of the victims of the alleged massacre.

8. It is the case of the petitioner no.1 that after the two horrifying incidents referred to above, the tribals are in a state of shock. They constantly remain under the fear of being killed by the Special Forces referred to above.

9. It is his case that with a view to help the tribals and seek justice for them, he took up the cause and thought fit to prefer the present writ petition seeking an inv