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Supreme Court passes landmark judgement seeking detailed reports on alleged fake encounters in Manipur

Date : 08/07/2016

(W.P. (CRL.) 129 OF 2012
(Extra Judicial Execution Victim Families Association (EEVFAM) & Anr. Versus Union of India & Anr)

The Supreme Court in the matter dealing with extra judicial killings in Manipur gave a significant judgment. The judgment is the partial verdict in a petition challenging the alleged “fake encounters” in Manipur by state police, and armed security forces. The matter, being fought by Human Rights Law Network and Human Rights Alert, prays for a CBI enquiry into these alleged fake encounters.

The court in the judgment terming the matter “maintainable” in the court asked the petitioners and amicus curiae Menaka Guruswamy to collate information regarding 62 cases of alleged fake encounters in Manipur and submit it before the Bench in a simple tabulated form. The information should include details of whether any FIR was filed in the case, the identity of the victim, whether a judicial enquiry was ever conducted or whether there was an enquiry under the Commission of Enquiry Act, etc. The court directed the National Human Rights Commission to render assistance to this exercise. Besides this, the court in its judgment, recognised that the use of excessive force by armed personnel is not permissible.

The writ petition states that during the period of May 1979 to May 2102, 1,528 people were killed in Manipur in extra-judicial execution. The statement is mainly based on a memorandum prepared by ‘Civil Society Coalition on Human Rights in Manipur and the UN’ and submitted to the UN Special Rapporteur on extrajudicial, summary or arbitrary executions Mission to India, in 2012. The memorandum compiles the list of 1,528 people allegedly killed unlawfully by state police or security forces.

Based on these reports, the petitioner says, not even a single FIR was registered in any of these alleged killings of the innocent people with no criminal record. It also highlights that the National Human Rights Commission and the Manipur State Human Rights Commission have been infructuous in helping the citizens into the matter of extra-judicial killings

The writ petition was filed in 2012 by the Extra Judicial Execution Victim Families Association under the article 32 of the constitution. It asks for justice beyond compensation for those killed in fake encounters by the state actors and their kin.

Read the order here.

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