Judicial Scrutiny of Extra-Judicial Killings in Manipur: Supreme Court’s Landmark Ruling

The Supreme Court’s judgment in Writ Petition (Criminal) No. 129 of 2012 addresses a fundamental question of human rights violations, particularly the issue of extra-judicial killings in Manipur. The petition, filed by Extra Judicial Execution Victim Families Association (EEVFAM) and Human Rights Alert, challenged the legality of security forces engaging in alleged fake encounters under the protection of the Armed Forces (Special Powers) Act (AFSPA).

The case revolved around the claim that over 1528 civilians were executed unlawfully by the armed forces, including the Assam Rifles and the Indian Army, during counter-insurgency operations. The petitioners argued that these incidents constituted a systemic abuse of power where the security forces operated with impunity. The Court had to examine whether such actions were justified and whether security personnel could escape legal scrutiny under the AFSPA.

Petitioners’ Arguments

The petitioners raised serious concerns over human rights violations, arguing:

• That the victims, mostly civilians, were wrongly accused of being insurgents and killed in staged encounters.
• That security forces operated without accountability, leading to widespread human rights abuses.
• That the National Human Rights Commission (NHRC) had failed in its duty to investigate these killings and hold the perpetrators accountable.
• That the right to life under Article 21 of the Constitution was being grossly violated.
• That police and security forces had acted beyond their mandate, taking the law into their own hands.

Respondents’ Arguments

The Union of India and the security forces defended their actions, arguing:

• That the armed forces were responding to insurgent threats and engaging in legitimate self-defense.
• That AFSPA provided legal cover for security operations in disturbed areas.
• That insurgent groups were responsible for violence, and the security forces were merely responding to threats.
• That a review of the NHRC’s actions revealed no serious lapses.
• That the situation in Manipur required strong countermeasures to maintain national security.

Key Observations of the Supreme Court

The Supreme Court, while analyzing the arguments, made the following key observations:

• The use of excessive force by security forces is unconstitutional, even in disturbed areas.
• The right to life is non-negotiable and extends to all citizens, including alleged insurgents.
• Fake encounters violate the fundamental principles of the rule of law.
• The NHRC and other agencies failed to act decisively against such unlawful killings.
• The AFSPA does not grant unlimited immunity to security forces.

Supreme Court’s Judgment

After a detailed analysis, the Supreme Court ruled:

• That all alleged extra-judicial killings must be investigated by an independent agency.
• That security forces cannot be allowed to operate with impunity.
• That the government must establish a mechanism to ensure accountability in counter-insurgency operations.
• That compensation should be provided to the families of victims who were wrongfully killed.
• That the Centre and the Manipur government must submit a report on actions taken to prevent such incidents in the future.

Impact of the Judgment

The ruling had far-reaching consequences:

• It set a precedent for holding security forces accountable for human rights violations.
• It reaffirmed the fundamental right to life and the importance of due process.
• It called for a review of AFSPA to prevent misuse.
• It mandated reforms in handling insurgency operations.
• It reinforced the importance of judicial oversight in matters of national security.

Conclusion

The Supreme Court’s ruling on extra-judicial killings in Manipur serves as a landmark judgment in the realm of human rights. By holding security forces accountable, the Court reinforced the principles of justice and the rule of law. This judgment not only provides a legal framework for addressing similar cases in the future but also serves as a reminder that national security cannot come at the cost of fundamental rights.

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