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Supreme Court - Daily Orders

Extra Judicial Execution Victim And ... vs Union Of India And Ors. on 22 April, 2016

Bench: Madan B. Lokur, Uday Umesh Lalit

                                                 1

     ITEM NO.18 (PH)                      COURT NO.6                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 JUDL.EXEC.VICTIM FAMILIES ASSN&ANR                       Petitioner(s)

                                                VERSUS

     UNION OF INDIA & ANR                                           Respondent(s)

     (With appln.(s) for directions and impleadment as party respondent
     and permission to file additional documents)

     WITH W.P.(C) No. 445/2012
     (With Office Report)

     Date : 22/04/2016 These petitions were called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE MADAN B. LOKUR
                         HON'BLE MR. JUSTICE UDAY UMESH LALIT

     For Petitioner(s)             Ms. Arundhati Katju, Adv.
                                   for Dr. Menaka Guruswamy, Adv. (A.C.) (NP)
                                   Mr. Himanshu Agarwal, Adv.

                                   Mr. Colin Gonsalves, Sr. Adv.
                                   Mr. Basanta Kumar, Adv.
                                   Ms. Jyoti Mendiratta, AOR

                                   Mr. Ashok Kumar Singh, AOR

     For Respondent(s)             Mr. Mukul Rohatgi, Attorney General
     UOI                           Ms. V. Mohana, Sr. Adv.
                                   Mr. R. Balasubramaniam, Adv.
                                   Ms. Binu Tamta, Adv.
                                   Mr. Rajiv Nanda, Adv.
                                   Mrs. Anil Katiyar, Adv.
                                   Mr. Sunil Mathews, Adv.
                                   Mr. Santosh Kumar, Adv.
                                   Mr. S.N. Terdal, Adv.
                                   Mr. B. V. Balaram Das, AOR
                                   Mr. B. Krishna Prasad, AOR
Signature Not Verified


     NHRC                          Ms. Shobha, AOR
Digitally signed by
SANJAY KUMAR
Date: 2016.04.23
13:05:52 IST
Reason:


     Manipur                       Mr. V. Giri, Sr. Adv.
                                   Mr. Naresh Kumar, Adv.
                                   Ms. B. Khushbansi, Adv.
                                                2

                            Ms.    Svadha Shankar, Adv.
                            Ms.    Lingthoingambi Thongam, Adv.
                            Mr.    Vijayananda Sharma, Adv.
                            Mr.    Rana Ranjit Singh, AOR

Mail Today                  Mr. Himanshu Shekhar, AOR

People's Chronicle          Ms. Mrinmayee Sahu, AOR

Applicant                   Mr.    Yashank Adhyaru, Sr. Adv.
                            Mr.    Edward Belho, Adv.
                            Mr.    Luikang Michael, Adv.
                            Ms.    Pinky Behera, AOR


       UPON hearing the counsel the Court made the following
                             O R D E R

Mr. Harish V. Nair is present in Court today. In view of the unconditional apology tendered by Mr. Harish V. Nair, Senior Assistant Editor, which has been published in Mail Today on 28th January, 2016, notice issued against him is discharged.

Mr. Gurumayum Bhabesh Chandra Sharma and Smt. Gurumayum Shanti Kumari Devi are present in Court today. In view of the unconditional apology tendered by Mr. Gurumayum Bhabesh Chandra Sharma, Editor, The People's Chronicle and Smt. Gurumayum Shanti Kumari Devi, Publisher, The People's Chronicle, which has been published in The People's Chronicle on 17th January, 2016, notices issued against them are discharged.

Issue notice to Mr. Chinglen Khumukcham, Convener, North-East Forum for International Solidarity (NEFIS) returnable on 13th July, 2016 at 2.00 p.m. The notice should state that he should bring the Press Release 3 issued by NEFIS on 11th December, 2015 with him.

We would also like Mr. Babloo Loitongbam to respond to the averments made in the reply affidavit filed by Smt. Gurumayum Shanti Kumari Devi, Publisher, The People's Chronicle and the Poknapham, Mr. Gurumayum Bhabesh Chandra Sharma, Editor, The People's Chronicle and Mr. Aribam Robindros Sharma, Editor, The Poknapham.

In so far as (1) Mr. Hijam Rajesh, Editor, The Sangai Express, (2) Mr. Pradip Phanjoubam, Editor, the Imphal Free Press, (3) Mr.Khoirom Loyalakpa, Editor, The Naharolgi Thoudang are concerned, who are present in Court today, they have published an apology but in the form of a corrigendum. They say that they will publish an unconditional apology on the front page of their newspapers. They are directed to remain present in Court on 13th July, 2016 at 2.00 p.m. Learned counsel for the applicant seeks permission to withdraw the applications for impleadment and direction.

Permission granted.

Applications for impleadment and direction (Crl.MP Nos.2338 and 2339 of 2016) are dismissed as withdrawn.

Despite our order dated 08.12.2015, compensation has not yet been disbursed to the next of kin of some of the deceased. Mr. V. Giri, learned senior counsel appearing on behalf of State of Manipur requests for four weeks' time.

4

We are not inclined to extend the time since more than four months' time have gone by since our order was passed on 08.12.2015. However, on his request and assurance, we grant four weeks' time subject to an additional amount of Rs.50,000/- being paid to the next of kin in every such case where the compensation has not yet been distributed.

We make it clear that the time granted will not be extended under any circumstances.

Learned Attorney General appearing for the Union of India, Mr. V.Giri, learned senior counsel appearing for the State of Manipur and Ms. Shobha, learned counsel appearing for the NHRC request for some time to file written submission.

They may do so within a week.

Arguments concluded.

Judgment reserved.



 (SANJAY KUMAR-I)          (MEENAKSHI KOHLI)             (JASWINDER KAUR)
    AR-CUM-PS               COURT MASTER                   COURT MASTER