Supreme Court continues hearing on EEVFAM case
Source: Hueiyen News Service
Imphal, August 10 2015:
The Supreme Court of India heard the Extra Judicial Execution Victim Families Association (EEVFAM) case on Monday at Court Number 9 by a Special Bench consisting of Justice Madan B Lukur and Justice Uday Umesh Lalit.
An EEVFAM press release said Amicus Curiae Meenaka Guruswamy presented the compilation of 62 cases of alleged extra-judicial executions in Manipur consisting of 110 pages and 2 Annexure of 73 pages and 2 pages in two volumes.
She lamented that the information provided by the Government is very limited and it was submitted very late.
The Bench asked her to pick a case randomly and explained.
She picked up the case of Ajad Khan and explained how despite the findings of the Judicial Enquiry report, Supreme Court appointed Commission's report and National Human Rights Commission, established that there is prima facie case of murder.
However, no FIR has been registered against the perpetrators.
The counsel of the State of Manipur tried to defend itself on the basis of one Magisterial Inquiry wherein it concluded that there was a genuine encounter.
The Court pointed out that Ministry of Home affairs has already paid compensation to family of the victim and asked "Is that not an indication that there was certain thing wrong on the part of the State?" The Manipur Government Counsel pointed out that they have not given compensation.
At that point, the National Human Rights Commission jumped in and pointed out that in at least 22 cases where the NHRC has awarded compensation the Manipur Government has not given the amount to the victims.
Justice Madan Lukur asked the Government counsel, "Even if we assume that the compensation of Rs 5 lakh is given, can the matter end there? What is the Government doing on the matter?" .
After some exchange, the Government counsel admitted that fresh FIR against the perpetrators have to be filed and investigation against the perpetrator initiated.
Justice Lalit commented that there is the situation where a citizen's life has been taken away, compensation has been given from the tax payer's money and the murderers are left scot-free.
Referring to an earlier judgment of this court, he asked why the compensation should not be recovered from the perpetrators of the crime.
In response, the counsel of the Manipur Governmnet assured the court that they will recover the amount from the perpetrators of the crime, the press release said.
The Bench fixed the next hearing on October 5, 2015 .