Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution oflndia -Art.21 and 32- Fake encounter killings - Use of excessive Jl>rce or retaliulo(V force b.v police personnel and perso1111el in uniform of the armed forces in the State of Manipur |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India -Art.21 and 32- Fake encounter killings - Use of excessive force or retaliatory force b.v police personnel and personnel in uniform of the armed forces in the State of Manipur- Writ petition alleging that I 528 persons killed in fake encounters - Documentation found inadequate to order any inquiry into allegations made - issuance of direction lo complete the documentation - information collected with regard to 655 deaths out of i 528 alleged. wherein deaths were investigated by Commissions of inquiry, Judicial Inquiries, High Court, NHRC. and D Justice Santosh Hegde Commission and registration of FIRs was directed in these complaints - Issuance of direction to CBI lo constitute a Special Investigation Team lo investigate the alleged ex/ra judicial killings in Manipur - Officers of the Manipur Police not associated with Special Investigating Team, since in some of /he E cases the role of the Manipur Police itself has been adversely commented upon. Administration of Justice - Fake encounter killings - Petition at the instance of third party, next of the kin having themselves/ves given a quietus to the incidents - Maintainability of-Held: It cannot be said that the Court cannot take up the issue at the instance of a third party - Access to justice is certainly a human right and it has been given a special place in the constitutional scheme where free legal aid and advice is provided to a large number of people in the country - To provide access to justice to every citizen and to make it meaningful this Court has evolved its public interest jurisprudence - In the instant petitions, the next of kin could not access justice in the local courts and the petitioners took up their cause in public interest - Constitutional jurisprudence does not permit to shut the door on such persons and the constitutional obligation requires to give justice and succour to the next of kin of the deceased. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2017 INSC 620 |
Petitioner | Extra Judl. Exec. Victim Families Assn. & Anr. |
Respondent | Union Of India & Ors. |
SCR | [2017] 11 S.C.R. 363 |
Judgement Date | 2017-07-14 |
Case Number | 129 |
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