PremiumAn SC bench also allowed the Army to conduct its own enquiries into the accusations of fake encounters in Manipur till the court examines these cases
New Delhi: The Supreme Court on Friday said all incidents involving suspected use of excessive and retaliatory force by the Army or police in Manipur must be investigated.
The court hasn’t appointed an agency to investigate the matter yet; it will take a decision once a collated report on 62 cases is submitted to the court by Maneka Guruswamy, amicus curiae (friend of the court) in the case.
A bench comprising justices Madan B. Lokur and R.K. Agrawal also allowed the Army to conduct its own enquiries into the accusations of fake encounters in Manipur till the court examines these cases and orders an independent enquiry.
“The Army and paramilitary personnel ‘cannot use excessive or retaliatory force’ even in areas where the Armed Forces (Special Powers) Act, 1958 (AFSPA) had been notified," the order held.
The case brought by Extra Judicial Execution Victims Families Association, a human rights organization, sought a probe by the Central Bureau of Investigation (CBI) or a special investigation team into 1,528 alleged extra-judicial killings by the Army and other security forces during 2010-12 in Manipur.
The petitioner said the forces had escaped punishment because they operated under the AFSPA, which grants special powers to the armed forces to arrest, conduct searches and seizures and also provides immunity from prosecution.
The court will hear the case after four weeks within which time Guruswamy will have to submit collated data on the status of all the 62 cases.
