CSCHR member EEVFAM writ petition update on fake encounters of Manipur in the Supreme Court of India
CSCHR’s constituent member the Extrajudicial Execution Victims’ Families’ Association Manipur (EEVFAM) filed a writ petition in the Supreme Court of India in late 2012. After the final preliminary hearing of WP (Crl) 129 of 2012, the Court appointed a special high-powered commission of inquiry on 4 January 2013 to investigate 6 cases from a list of 1528 cases submitted by EEVFAM and report back within three months. The commission headed by the former Lokayukta and retired Supreme Court Justice N Santosh Hegde, which includes the former Chief Election Commissioner, J.M. Lyngdoh, and the former DGP, Karnataka, Ajay Kumar Singh, would also address the larger question of the role of the State police and the security forces and make a report on their functioning within 12 weeks.
If it was found that they violated legal bounds, the commission should make its recommendations for keeping the police and security forces within the legal limits without compromising on the fight against insurgency, the Court said. The Supreme Court’s commission completed its investigations on time and submitted its report that all the six cases were faked up encounters. The Court (SC) considered the report in early April and then held a further hearing on 9 April 2013 during which:
1. The Union of India sloughed a further 4 weeks time as the report of the Commission is being discussed at the highest level of the Government in the Home Ministry, Defense Ministry and the Army Head Quarters considering the sensitivity of the matter. The government’s counsel also stated in the Court the Union of India do not consider the matter as an adverse litigation but would also like to ensure that all the guidelines issued by the authorities are implemented on the ground but to work out this mechanism it will take some time. Court granted 4 weeks for the same.
2. The Defence Ministry had also come in as a party to the case, as their interest in also affected.
3. The counsel of the petitioners Mr. Colin Gonsalves stated that consultations in the government is not going to make any difference, the only way to change the situation in Manipur by instituting an SIT for at least those cases where the prima facie case of fake encounter is established by judicial inquiries and start prosecution of the perpetrators. In this connection the petitioner have submitted a list of 33 such cases.
4. SC has asked the Manipur government to furnish the copies of the report of the Commission of Inquires conducted under the Commission of Inquiry Act, 1952 which are not yet made public.
5. SC has also asked the National Human Rights Commission (NHRC) Chairman to visit Manipur as take action on the very serious Human Rights situation in the State.
PLEASE CLICK THE LINK BELOW TO READ THE INTERIM SUBMISSION TO SUPREME COURT BY EEVFAM