Thread by @barandbench

#SupremeCourt is hearing a plea by Centre seeking a probe against PIL petitioners who had present false evidence in order to allegedly protect the Naxals in Chattishgarh

Senior Adv Colin Gonsalves appears for the PIL petitioner, Himanshu Kumar

SG Tushar Mehta: FIR was registered and today the counsel submits that FIR is there

Sr Adv Gonsalves: complainant said uniformed personnel in security forces were present

Bench: You are an informant in the FIR. Did you bring this to the notice of the court?

Sr Adv Gonsalves: no FIR copy with me

SG: the statements are on record

Justice JB Pardiwala: Investigation has been carried out, charge sheet has been filed. The agency says offence is committed. In the charge sheet 10 accused have been absconding. You could have asked the court for a copy of the chargesheet

Sr Adv Gonsalves: we approached court asking for investigation by an independent agency. If the Chhattisgarh police are involved then how can there be a probe

Khanwilkar J: then participate. not file a PIL !

SC: was an identification parade done, did he participate?

SG: we will find out

SC: If the identification parade was conducted, it will mean he was set up! You moved an application saying you don’t trust the CBI

SC: You could immediately come to the Court when you had grievance. Now you want to take advantage of your own failure? Not filing protest petition.

SC: This would be a case of abuse of process then! Please understand. You cannot use multiple forums. If you are there in the identification parade, then its serious issue.

SC: In the guise of public spirited person you are targeting someone else here. There is a criminal case pending, instead of participating there, you are coming and beating the same drum?

Sr Adv Gonsalves: I am in the court’s hand. I can only show what’s there. I am not interested in revenge and we can say that he tribals are in a totally shattered state.

SC: If we find that you have participated in identification parade then it will be worse and thereby 10 accused are here..

Gonsalves: there was no identification parade. The accused were absconding

SC: We need a complete note on this then

Gonsalves: please see the counter affidavit, it will be seen that 16 tribals were indeed killed.

SG Mehta: the PIL petitioner possibly realised that his bluff is caught because the entire proceedings before District Judge were videographed

Sr Adv Colin Gonsalves submits Tehelka interview transcripts before the court

Justice Pardiwala: what are you trying to do? To show probe is perfunctory?

Gonsalves: yes and to have it probed by CBI

SC: Then approach trial court.

Justice Khanwilkar: you cannot paint the entire police force with the same brush

Gonsalves: we had no faith on the police force. then it was a war. now the situation is much better

SC: see if its better then at ground level political dispensation will matters and not our judicial orders, The naxalis wont understand our writs.

#SupremeCourt reserves orders. #naxal