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On May 25, 2013, naxals had attacked a convoy of Congress leaders in Jheeram valley in Darbha space of Bastar district, killing 29 folks, together with then State Congress chief Nand Kumar Patel, former chief of opposition Mahendra Karma and former Union minister Vidyacharan Shukla.
The Supreme Court on Tuesday dismissed the Chhattisgarh authorities’s plea in opposition to the Judicial Commission’s refusal to look at further witnesses in the 2013 Jheeram Ghati naxal attack that killed 29 folks, together with leaders of the State Congress unit.
A bench headed by Justice Ashok Bhushan noticed that the State authorities might have prolonged the tenure of the fee however its proceedings have closed.
“You wanted the expert witness to be examined but commission did not agree. You may have extended commission’s tenure but it has closed the proceedings,” stated the bench, additionally comprising Justices RS Reddy and MR Shah.
The State authorities had challenged the orders of the Chhattisgarh High Court dismissing its plea searching for route to the Special Judicial Enquiry Commission to look at the extra witnesses in the case.
On May 25, 2013, naxals had attacked a convoy of Congress leaders in Jheeram valley in Darbha space of Bastar district, killing 29 folks, together with then State Congress chief Nand Kumar Patel, former chief of opposition Mahendra Karma and former Union minister Vidyacharan Shukla.
Senior advocate AM Singhvi, who appeared for the Chhattisgarh authorities, together with State’s standing counsel Sumeer Sodhi informed the bench that the incident had taken place in May 2013 after which the fee was constituted.
Mr Singhvi stated a brand new authorities was fashioned in the State in December 2018 and until then, 67 witnesses have been examined.
Additional phrases of reference got however for seven months nothing was executed and no further witnesses have been examined, he stated.
In October final yr, two witnesses have been examined however six different witnesses who have been sought by officer in-charge or the State, weren’t examined, he stated.
The bench noticed that the fee stated in September that it might not study any new witnesses after October 1 final yr.
Mr Singhvi stated the State had filed an affidavit on September 30 in the matter.
“This is such an important incident, why cannot they examine five witnesses. This is not something cast on stone. They can very well do to find out the truth,” he stated.
The bench stated the fee has stated that these, who need to be examined, shall file their affidavit however nobody filed it.
How can they be examined, the bench stated.
When Mr Singhvi stated that State had filed affidavit, the bench stated, That was not the order of fee, nevertheless it stated that those that need to be examined shall file their affidavits .
The State authorities had final week informed the apex court docket that the fee had rejected the request to file testimony of six essential witnesses and closed the probe.
It had stated the fee had even refused to summon BK Ponwar, director of Jungle Warfare Training School, Kanker for recording his proof as knowledgeable and rejected the prayer of the State to look at him and closed the proceedings.
In its enchantment, the State authorities had stated that the excessive court docket bench at Bilaspur on January 29 had refused to intrude with a single decide order handed on December 12, 2019 which had dismissed the plea for examination of further witnesses.
It had stated that on October 11, 2019 the fee had rejected the prayer of State to look at more witnesses and closed the enquiry proceedings with out examining the witnesses who’re related for the aim and goal with which the fee was constituted.
The State authorities had stated that prime court docket failed to watch the aim and intent of constituting an inquiry fee beneath the Commission of Inquiry Act, 1952.
The lethal ambush by closely armed naxals had taken place when the political campaigning for the then meeting elections was on and Congress leaders have been returning after participating in a ‘Parivartan rally’ at Bastar district.
On May 28, 2013 contemplating the gravity and magnitude of the incident, the then Raman Singh led BJP authorities in the State had arrange a particular judicial enquiry fee headed by Justice Prashant Kumar Mishra, a sitting decide of the High Court, and it was to submit the report in three months on circumstances that led to the attack and different associated points.
The tenure of the fee was prolonged every so often by the State authorities.
On January 7, 2019, the judicial panel recorded that 67 witnesses have been examined in the matter and closed its proceedings and directed the events to submit their written synopsis.
On January 21, 2019, the newly elected Bhupesh Baghel authorities in the State prolonged the tenure of the fee until December 31, 2019 for submitting its report and referred eight more phrases of reference in addition to 9 given in 2013.
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