'Fake encounter' killings SC comes down on State Govt
Source: The Sangai Express / Press Trust of India

New Delhi, August 11 2015 : The Supreme Court today said the fact that compensation has been paid to the next of kin of victims of security forces' encounter killings in Manipur "amply indicate" that such encounters were fake.

It asked Manipur Government to apprise the Court of the steps taken after compensations were paid to kith and kin of deceased persons.

"If you think it was a valid encounter, then why are you paying compensation ? Have you challenged any of the orders ?" the social justice bench of Justices Madan B Lokur and UU Lalit said.

The bench said that the fact that the compensation has been paid to the next relatives of the deceased "amply indicate" that encounters were fake and the question would be "were they valid" .

It gave the instance 2001 Parliament attack case and said "no Court awarded compensation to the relatives of the accused (terrorists)" .

However, senior advocate V Giri, appearing for the State Government, said that the payment of compensation on the directions of the Court is not an admission of an alleged offence.

Meanwhile, the Court was told by the amicus curiae that the State and the Central Government and NHRC have provided a list of 62 killings that were sought to be passed-off as those of militants by security forces.

The Court asked Manipur Government to file its reply to a petition by one Suresh Singh seeking repeal of Armed Forces Special Powers Act.

Earlier, the court had asked the Centre, Manipur Government and NHRC to submit a comprehensive report on alleged fake encounter cases in the State, including 62 such cases where FIRs have not even been lodged.

Senior advocate Colin Gonsalves, appearing for Extra Judicial Execution Victims' Families Association, had said "in all these 62 cases, not a single FIR has been lodged against any of the accused" .

The bench had also asked Additional Solicitor General Maninder Singh, representing the Centre, and the lawyers of NHRC and the State Government to provide requisite information to the amicus curiae who, in turn, will prepare a comprehensive chart of cases for the perusal of Court.

The erstwhile UPA Government had earlier told the apex Court that findings of the Supreme Court-appointed panel's report on extra-judicial killings in Manipur had been examined at the highest level.

The Central Government had said that it was absolutely committed that no fake encounter should take place in Manipur and was equally aggrieved by the incidents.

The committee, comprising former Supreme Court Judge Santosh Hegde, ex-CEC JM Lyngdoh and a senior police officer, probing six cases of alleged extra-judicial killings in Manipur, had come to the conclusion that these were not genuine encounters and the victims, including a 12-year-old boy, did not have any criminal record.

In the light of the committee's findings, the bench had asked the NHRC Chairperson to visit Manipur to examine how the Commission's guidelines were being implemented there.

The panel was set up to probe six cases of alleged extra-judicial killings in the North Eastern State where a magisterial inquiry had raised questions on the genuineness of the encounters.

The apex Court had appointed the panel on a PIL filed by the association of the families of the alleged victims, seeking setting up of a special investigation team and inquiry into around 1,528 such cases.

The association had alleged in its plea that over 2,000 odd extra-judicial killings have taken place in the State but no one has been held guilty till date.

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