State likely to get directive on forming SIT for probing 'fake encounters'
Source: Hueiyen News Service

Imphal, November 04 2015: The Supreme Court of India is most likely to direct the State Government to constitute a Special Investigation Team (SIT) to investigate into cases of "fake encounters" in the State.

Sources told Hueiyen Lanpao that hearing of arguments on fake encounter cases started on Wednesday before the Social Justice bench comprising of Justice Madan Lukur and Justice U Lalit at Court number 8 in the Supreme Court.

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

During the hearing, the amicus curie Meneka Guruswami extensively explained the findings of Juctice Santosh Hegde report before the bench.

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

In her argument, she said that it seems there are two categories of citizen in this country - one category of citizen whose life to rights is suspended and another category of citizens whose right to life is protected by the constitution.

Highlighting the judgment of the Apex Court in the Naga People's Movement for Human Rights versus the Union of India, the amicus curie drew the attention of the bench to the Do's and Don'ts given with "actionable steps if violated" .

She informed the Court that there are 3 categories of cases on record - 6 cases of inquiry conducted by 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 was enough material on record and that prosecution could be commenced directly.

The counsel for Manipur Government argued that since the findings were only of a fact finding commission, initiating direction prosecution is not permitted.

On being asked his opinion on the constitution of a Special Investigation Team (SIT), the counsel for Manipur did not object to the idea of an SIT.

However, the counsel for Manipur expressed that the SIT should be formed by senior officer(s) of the Manipur Police.

The Court then 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", said the source.

The Court has also asked the National Human Rights Commission (NHRC) to submit the latest update of the 62 cases submitted to the Court by the petitioners.

The hearing will not take place on Thursday.

The matter has also been listed for November 19 .

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