Fake encounter killings case Two categories of citizens : Amicus Curie
Source: The Sangai Express

New Delhi, November 04 2015: Arguments on the Manipur fake encounter cases started before the Social Justice bench comprising of Justice Madan Lukur and Justice U Lalit at Court number 8 in the Supreme Court today.

The argument began at 10.30 am and continued till 4 pm.

On being asked to put up her argument, Amicus Curie Meneka Guruswami, extensively explained the finding of Juctice Santosh Hegde report before the Bench, said a source while speaking to The Sangai Express.

She also made a clear analysis on the patterns of such killings.

In her argument, she said that it seems there are two categories of citizens in thecountry.

One category whose right to life is suspended and another category whose right to life is protected by the Constitution.

Highlighting the judgment of the Supreme Court in Naga People's Movement for Human Rights v/s the Union of India, the Amicus Curie drew the attention of the bench to the Dos and Don'ts which are actionable if violated.

But in all the cases these Dos and Don'ts are flagrantly violated.

She informed the Court that there are 3 categories of cases on record.

6 inquiries conducted by the Supreme Court Appointed Commission, 11 cases which were inquired by District Judge on the instruction of High Court and 7 cases which were conducted under the Commission of the Inquiry Act.

The Bench suggested that in the first category of 6 cases of the Supreme Court Appointed Commission there is enough material on record and so prosecution can commence directly.

The counsel of Manipur vehemently argued that since the findings were only of a fact finding commission, initiating prosecution is not permission.

On being asked their opinion on the constitution of a Special Investigation Team, the Manipur counsel did not object to the idea of a SIT, but they wanted that the SIT should be led by a senior officer of the Manipur Police.

The Court asked, since the Central forces are also involved, is not there a need to form a stronger SIT involving officers from outside the Manipur cadre.

The Court also asked the NHRC to submit the latest update of the 62 cases submitted to the Court by the petitioners.

The hearing will not take place tomorrow as originally scheduled as the Supreme Court will be holding a Constitutional bench.

The matter is scheduled to continue on November 19, added the source.

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