Supreme Court - Daily Orders
Extra Judicial Execution Victim And ... vs Union Of India And Ors. on 12 March, 2018
Bench: Madan B. Lokur, Uday Umesh Lalit
ITEM NO.301 COURT NO.4 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Criminal) No(s). 129/2012
EXTRA JUDICIAL EXECUTION VICTIM & ANR. Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
Date : 12-03-2018 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE UDAY UMESH LALIT
For Petitioner(s) Mr. Colin Gonsalves, Sr. Adv.
Mr. Shreeji Bhavsar, Adv.
Mr. Basant Kumar, Adv.
Mr. Satya Mitra, Adv.
Ms. Jyoti Mendiratta, AOR.
Amicus Dr. Menaka Guruswamy, Adv.
Mr. Govind Manoharan, Adv.
For Respondent(s) Mr. Maninder Singh, ASG
UOI Mr. P.S. Narasimha, Sr. Adv.
Mr. Ashok Kr. Panda, Sr. Adv.
Mrs. V. Mohana, Sr. Adv.
Mr. Sunil J. Mathew, Adv.
Ms. Shradha Deshmukh, Adv.
Mr. G.S. Makker, AOR
Mr. R. Bala, Adv.
Mr. Sabah Iqbal Siddiqui, Adv.
Mr. M.K. Maroria, Adv.
Mr. Rajiv Nanda, Adv.
Mr. Prabhas Bajaj, Adv.
Mr. Akshay Amritanshu, Adv.
Ms. Binu Tamta, Adv.
Mr. B.V. Balaram Das, AOR
Mr. B.K. Prasad, AOR.
Mr. P.K. Dey, Adv.
Ms. Gunwant Dara, Adv.
Ms. Rashmi Malhotra, Adv.
Signature Not Verified
Digitally signed by
MEENAKSHI KOHLI
Date: 2018.03.14
Mr. Himanshu Shekhar, AOR.
17:18:49 IST
Reason:
Manipur Mr. Leishangthem Roshmani Kh., Adv.
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Ms. Maibam Babina, Adv.
Mr. Rana Ranjit Singh, AOR.
Mr. K. Luikang Michael, Adv.
Ms. Pinky Behera, AOR.
Mr. Satya Mitra, AOR.
Ms. Mrinmayee Sahu, AOR.
NHRC Ms. Shobha, AOR.
Mr. Satyam Jyoti Saikia, Adv.
UPON hearing the counsel the Court made the following
O R D E R
IA No. 34397/2018
We have considered the application. There is no objection to this application. Accordingly, the attachment of two officers as mentioned in the application may be dropped and in their place five officers, as mentioned in the application, be attached to the Special Investigation Team (SIT).
The application is disposed of.
Status Report Nos. 1, 2 and 3 We have gone through three Status Reports namely Status Report No.1 dated 13.01.2018, Status Report No.2 dated 09.02.2018 and Status Report No.3 dated 09.03.2018.
The status is as follows:-
S.No. Description No. of Incidents No. of victims NO. of FIRs registered by SIT/CBI 1 Table -I : 05 32 05 Commission of Inquiry Cases 2 2 Table – II : 18 34 17 Judicial Inquiry & High Court Cases 3 Table – III : 13 16 14 NHRC Cases 4 Cases enquired 06 07 06 into by Hon’ble Mr. Justice Santosh Hegde Commission Total 42 89 42 It has been brought to our notice that in respect of Table II, some documents in respect of two incidents have not yet been received from the High Court. We have requested learned standing counsel for the State of Manipur to be in touch with the Manipur High Court or the Guwahati High Court as the case may be so that the records are handed over at the earliest to the SIT either directly by the Guwahati High Court or by the Manipur High Court.
With regard to cases pertaining to NHRC (Table III), it is stated by the learned ASG that the victim at S.No. 7 has been incorrectly mentioned and in fact his name is Longjam Dhamen. The FIR registered in the name of Longjam Uttamkumar Singh is quashed. He also says that an FIR is now registered in respect of Longjam Dhamen.
With regard to the victims at S.Nos. 10 and 11, it is stated and this is confirmed by learned counsel for the NHRC that no case has been registered with the NHRC in respect of these two victims.
With regard to the victim at S.NO. 12 and S.Nos. 22-23, the NHRC had come to the conclusion that the victims were killed in a genuine encounter and the matter has been closed. With regard to 3 victims at S.Nos. 22-23, the record is also weeded out. Accordingly, the aforesaid names may be dropped.
We have asked the Joint Director who is In charge of the SIT to expedite the cases relating to NHRC and learned counsel for the NHRC has assured us full support from the officers of the NHRC. Thereafter, the SIT will look into the cases pertaining to Table II
- Judicial Inquiry and High Court cases followed by cases which were inquired into by Hon’ble Mr. Justice Santosh Hegde Commission. Finally, the SIT will look into the cases mentioned in Table I – Commission of Inquiry Cases.
The course of proceedings that we have charted out is not to be interpreted by the State of Manipur to mean that steps should not be taken to collect the records pertaining to Commission of Inquiry cases, Judicial Inquiry cases and High Court cases. All records should be made available by the State of Manipur including the State Police.
The learned ASG has drawn our attention to some difficulties mentioned in Status Report No. 2.
1. It is stated that the response of the CFSL is a little slow.
The Director of CFSL should expedite the response to the request made by the SIT.
2. Similarly, we expect the Director of AIIMs, New Delhi who has constituted the Board of Medical Legal Experts to expeditiously respond to any request made by the SIT.
3. It is submitted by the Joint Director that there is some language barrier and interpreters are required. A request in this regard has already been made. Learned standing counsel for the 4 State of Manipur says that all necessary interpreters will be made available to the SIT from the general public or from the University while leaving out interpreters from the Manipur Police including government departments etc.
4. One of the difficulties that has been faced by the SIT is finding out the whereabouts of the security personnel against whom certain allegations have been made. It is, today, stated by the learned ASG that most, if not all, the security personnel have since been identified almost all of them have been examined.
In view of the progress that has been made we require the SIT to complete the investigations with regard to cases pertaining to the NHRC and to file charge sheets/Report under Section 173 of Cr.P.C. at the earliest. This should not be understood to mean that investigations in the other cases need not be expedited.
List the matter on 16.04.2018 at 2.00 pm.
(MEENAKSHI KOHLI) (KAILASH CHANDER)
COURT MASTER COURT MASTER
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