SC hears Manipur extrajudicial execution case
Source: Hueiyen News Service

Imphal, October 05 2015: The Supreme Court on Monday heard the case filed by Extrajudicial Execution Victim Families Association, Manipur (EEVFAM) at 2 pm.

A bench consisting of Justice Madan B Loukur and Justice UU Lalit heard the matter.

The amicus curia Maneka Gurushwamy made a brief submission and put up some strong arguments in favour of initiating prosecution against the perpetrators of "administrative liquidation" .

On the initiation of persons found guilty, Gurushwamy argued that there is a necessity to prosecute the guilty so as to discourage and prohibit the practice of "administrative liquidation." She said the breach of mandatory Dos and Don't under AFSPA should be met with prosecution and in the present case no sanction for prosecution is required either under section 197 CrPC or section 6 of AFSPA.

The amicus curia also argued that jurisdiction to commence trial of offenders subject to the Army Act, 1950 lies with ordinary criminal court by virtue of section 122 of the Army Act.

Jurisdiction to commence trial of offenders subject to the Army Act 1950 lies with ordinary criminal court by virtue of the failure of Army authorities to take any action against the offenders.

It may be mentioned that the Gauhati High Court has directed registration of case under section 302 IPC against Army personnel after having found the alleged encounter to be "not genuine." Besides the arguments put forward, Gurushwamy while stressing on the need for Special Investigation Team (SIT) said that in the same line as the petitioners sought, the AC has also emphasized the need for constitution of a SIT comprising of senior police officers from non-Manipur cadre.

The SIT may be guided by the principles laid down by the Supreme Court in the Bharati Tamang case of 2013, argued the amicus curia.

She suggested the institution of fast track court or designate an existing court for commencement of trial and the appointment of special public prosecutors and that such trail may be conducted outside the State of Manipur to ensure the safety of both the victims and the alleged perpetrators.

Gurushwamy suggested that the Supreme Court should monitor the trial on regular basis and receive updates at consistent intervals after every three months.

The Central and State governments counsels sought some time to respond to the argument and the next hearing is fixed at 10.30 am on October 28 and 29, 2015 .

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