Fake encounter cases: Final hearing scheduled in April
Source: The Sangai Express
Imphal, February 10 2014:
Final hearing of the fake encounter cases of Manipur is expected to begin in April 2014, according to Extrajudicial Execution Victims Families Association, Manipur.
The two member bench of Justice AK Patnaik and Justice Kalifulla heard this case on February 7, 2014.The bench informed the counsels representing the petitioners and respondents that the final argument will be heard after the completion of constitution bench, Neena Ningombam, Secretary of EEVFAM said in a statement.
In compliance with the bench order dated April 9, 2013 and August 6, 2013, the State of Manipur placed 27 enquiry reports including Thangjam Manorama's case on which the State of Manipur failed to take action based on the inquiry reports over the years.
It is to be informed that such enquiries were constituted under the order of the High Court or Commission of Inquiry Act.
In the earlier bench of Justice Aftab Alam and Justice Ranjana Desai, the additional solicitor general of India who also represents the Union of India submitted that the Union of India does not see this case as an adverse litigation.
It is to be noted that on the day of hearing which the bench appointed, three member Commission led by Retd Justice Santosh Hegde, the counsel representing State of Manipur claimed the petitioners to be anti-nationals who only questioned the State.
However, taking serious note of the contention, the bench was made to withdraw the contention of the counsel of State of Manipur, the statement said.
Mention may be made that in January 2013, the Supreme Court has appointed a 3 member penal headed by Justice Santosh Hegde, a retired Judge of Supreme Court to examine 6 cases with 7 victims of extrajudicial execution following a Writ Petition (Criminal) Number 129 of 2012 filed by Extrajudicial Execution Victim families Association, Manipur (EEVFAM) to investigate 1528 cases.
Justice Santosh Hegde Commission established that the so called encounter as claimed by the Manipur Police Commandos and Assam Rifles, which resulted in killing of 6 persons, were not genuine and the victims did not have any criminal background.
During the course of hearing, the Court had asked an NHRC team to visit Manipur.
It is to be noted that monetary compensation as recommended by the National Human Rights Commission of India (NHRC) in its camp sitting held at Imphal from October 23 - 25, 2013 relating to six cases of extrajudicial execution committed by police and security forces in Manipur are not paid by the Manipur Government.
During the camp sitting, NHRC heard 46 cases including 43 cases of extrajudicial execution perpetrated by both Manipur Police Commandos and Assam Rifles.
It is also to be noted that families of 3 victims who were summoned by Manipur Police were not given any opportunity to testify before the Commission.
It is also to be informed that as of now there are as many as 30 numbers of writ petitions in connection to the fake encounter in which District Judges concluded that so encounter as claimed either by Police Commando or Central Security Forces to be fake encounter are pending in the High Court awaiting the final adjudication of the Writ Petition (Cril) No.129 of 2012 .