ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Message from Manipur

The Supreme Court’s ruling in the fake encounter case reasserts the rights of citizens.

The importance of the Supreme Court’s decision to dismiss the curative petition filed by the central government, challenging its interim judgment of July 2016 in the case of fake encounters in Manipur, cannot be overemphasised. Coming as it does at this juncture, when the government is asking for more powers to deal with all kinds of uprisings that it deems against “national” interest, the apex court’s wise words ought to put a stop to this train of belligerence. The five-judge bench, headed by Chief Justice J S Khehar, could not have been clearer when it advised the government that “an internal disturbance is not equivalent to or akin to a war-like situation” and that it ought to “proceed on the basis that there is no war or war-like situation in Manipur but only an internal disturbance, within the meaning of that expression in the Constitution—nothing more and nothing less.”

The government’s curative petition had challenged the Court’s 2016 interim ruling in response to a writ petition filed in 2012 by a Manipuri non-governmental organisation, Extrajudicial Execution Victim Families Association (EEVFAM) that had recorded 1,582 extrajudicial killings between 2000 and 2012. In its petition to the Court, EEVFAM asked for an independent probe into these killings that followed arrest and torture and argued that this happened because of the impunity granted to the security forces in a “disturbed area” under provisions of the Armed Forces (Special Powers) Act (AFSPA), 1958. While admitting the petition, the Court first asked a special committee headed by Justice N Santosh Hegde to look into six cases. The committee found that all six could be considered as extrajudicial killings.

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Updated On : 27th Aug, 2017
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