Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arts.32 226 — Maintainability of the writ petition — |
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: Arts.32, 226 - Maintainability of the writ petition Allegation in writ petition that fake encounters or extra judicial executions carried out by Manipur police and the armed forces of the Union — Held: In matters concerning gross violations of human rights, constitutional court should adopt an ‘open door policy’ — The instant case is not an ordinary case of a police complaint or a simple case of an FIR not being registered — This case involves allegations that the law enforcement authorities, that is, the Manipur Police along with the armed forces acting in aid of the civil power are themselves perpetrators of gross human rights violations — Possible grave injustice might be caused to the petitioners, the next of the kin of the victims alleged to have been killed in fake encounter or victims of alleged extra-judicial executions, if they are precluded, at the threshold, from approaching Supreme Court u/Art.32 of the Constitution — Therefore, petition u/Art.32 is held maintainable. Art.32 — Prayer in writ petition for appropriate order for setting up a special investigation team (SIT) of police officers from outside the State of Manipur to investigate the instances of alleged extra judicial executions and thereafter prosecute the affendors in accordance with law — Held: An allegation of excessive force resulting in the death of any person by Manipur Police or the armed forces in Manipur must be thorougly enquired into — However, for the time being, matter left open for decision on who should conduct the inquiry — Of the 62 cases that the petitioners have documented, their representative and the Amicus are directed to prepare a simple tabular statement indicating whether in each case a judicial enquiry or an inquiry by the NHRC or an inquiry under the Commissions of Inquiry Act, 1952 has been held and the result of the inquiry and: whether any FIR or complaint or petition has been filed by the next of kin of the deceased — The NHRC is requested to render assistance |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2016 INSC 527 |
Petitioner | Extra Judicial Execution Victim Families Association (eevfam) & Anr. |
Respondent | Union Of India & Anr. |
SCR | [2016] 4 S.C.R. 909 |
Judgement Date | 2016-07-08 |
Case Number | 129 |
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