How can a 12 year old boy be a terrorist, asks SC
Hearing on extra-judicial killings
Source: The Sangai Express / Press Trust of India

New Delhi, December 06 2012: The Supreme Court today said a proper probe is needed into various encounter killings in Manipur and suggested formation of a Special Investigating Team to probe some of those cases, a proposition opposed by the NHRC and Centre.

Observing that situation in the State is not normal, a bench of Justices Aftab Alam and Ranjana Prakash Desai said further investigation needs to done as in some cases judicial enquiry came to conclusion that people were killed in fake encounters.

"Why there should not be a proper investigation ? There is more than meets the eye.

So many encounters took place.

Situation is not normal.

We are concerned about the failure of Constitutional scheme," the bench said.

One of the petitioners contended that CBI can be directed to inquire into those cases but the bench said it might not be practical solution as agency would take years to complete the probe.

"What would CBI do? It would take years and years to complete the probe," the bench observed.

The proposition of setting up SIT was opposed by the Centre and the NHRC (National Human Rights Commissions).

The Commission said it would not be possible for SIT to probe such a large number of cases.

The Court was hearing a Public Interest Litigation (PIL) petition by an association of the families of the alleged victims, pleading with the apex Court to set up a special investigation team and direct inquiry into around 1500 such cases.

The apex Court expressed surprise on how a 12-year old boy, said to be a militant, was killed in the State.

"How can a 12-year old boy be a terrorist?," the bench said adding "We expect NHRC to be more effective in dealing with such cases." The counsel appearing for NHRC, however, submitted that the commission can not enforce its guidelines as it lacks penal powers.

"SIT may not be a proper solution as the number of incidents are so high.

What is required are proper guidelines and its effective implementation," the commission said.

The Centre, meanwhile, contended that a one-sided picture has been portrayed by the petitioner before the apex court and the situation is not so grim in the state.

"Petitioner has tried to present a very gloomy picture of Manipur, as if people of the state are completely alienated.

It is submitted that this is not the correct position.

While the state of Manipur is facing the insurgency problem and the police and armed forces are dealing with that problem to the best of their capabilities, the common man is not generally affected by such counter-insurgency operations," it said.

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