The Chhattisgarh government today sought dismissal of the pleas of social activist Soni Sori and others with costs, saying these may have a demoralising effect on security agencies battling Naxalites.
A bench of Justices Arun Mishra and M M Shantanagoudar was told that activists Sori and Himanshu Kumar, who have filed a plea for CBI probe into the complaints of alleged massacres in 2009, in the state, may have "an agenda" of providing support to Naxal acitivities.
Additional Solicitor General Tushar Mehta said an affidavit has been filed by the state government highlighting some "shocking facts" about the alleged incidents.
He said that with regard to the alleged incidents, FIRs were registered and after investigation, closure reports or charge sheets were filed.
"The present petition deserves to be dismissed not only with serious strictures against the Petitioner but with exemplary costs which can be a deterrent for similar attempts by others.
"The dismissal of the petition with strictures and exemplary costs is in larger national interest and any leniency being shown by this court would be misused by the Petitioner and others who may have an agenda of providing support to Naxalite activities by demoralising security agencies by resorting to filing such frivolous petitions based upon complete falsehood," the affidavit of the state government said.
The bench, which took the affidavit on record posted the matter for further hearing after four weeks and asked Sori and Kumar to file their rejoinders, if any.
The affidavit filed through state's standing counsel Atul Jha alleged that the activists have "abused the constitutional equity jurisdiction of this court demoralising the security forces fighting naxalism and thereby discrediting the state government".
It said the state was Naxalite-affected and security forces were trying their best to control the menace and security personnel have laid down their lives in the incident in question.
Mehta said the statements of witnesses recorded at the Tis Hazari court here on direction of the apex court has contradicted the claims and allegations made by Kumar, who was also present during the proceedings.
"The statements were recorded by the district judge under the orders passed by this court and were also videographed. The statements were also recorded in presence of Kumar. Therefore, the veracity of the said statements cannot be disputed and is, in fact, not disputed. This clearly shows that the petitioner deliberately and willfully abused the process of law by filing a frivolous writ petition under Article 32 of the Constitution," the affidavit said.
The state government also said it has already paid compensation wherever it was applicable as demanded by the petitioners.
Kumar and Sori have alleged that several villagers were killed by Special Police Officers, police and other security forces in the massacres that took place on September 17, and October 1, 2009 at village Singhanmadgu of Dantewada district of the state.
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