Manipur Extrajudicial Killings: Supreme Court Orders Investigation into Fake Encounters

The case of Extra Judicial Execution Victim Families Association v. Union of India & Ors. raises critical questions regarding alleged fake encounters and excessive use of force by security forces in Manipur. The Supreme Court was called upon to examine whether there was a systemic pattern of extrajudicial killings and if proper investigations had been conducted.

Background of the Case

The petitioners, comprising the families of victims and human rights organizations, alleged that between 1979 and 2012, approximately 1,528 individuals had been killed in fake encounters by security forces, including the police and armed forces personnel. They argued that these killings violated constitutional rights and demanded a judicial inquiry.

On July 8, 2016, the Supreme Court referenced its earlier ruling in Naga People’s Movement of Human Rights v. Union of India (1998), affirming that any death caused by excessive or retaliatory force necessitates a thorough investigation. However, due to insufficient documentation, the Court directed the petitioners to provide more details regarding the alleged killings.

Key Issues Before the Court

• Were the alleged killings part of a larger pattern of extrajudicial executions?
• Did security forces violate constitutional rights by using excessive force?
• Should an independent Special Investigation Team (SIT) be appointed to probe these incidents?
• Was the state of Manipur complicit in covering up these encounters?

Arguments of the Petitioners

The petitioners presented a tabulated record of 655 cases where extrajudicial executions were alleged. The breakdown of cases was as follows:

• 35 cases investigated by Commissions of Inquiry.
• 37 cases subject to judicial inquiry or High Court proceedings.
• 23 cases handled by the National Human Rights Commission (NHRC).
• 170 cases where written complaints had been submitted.
• 78 cases with oral complaints.
• 134 cases with eyewitness accounts.
• 178 cases claimed by family members.

The petitioners contended that:

• Security forces engaged in a systemic practice of unlawful killings.
• Most cases had not been investigated properly, and the accused were shielded by Armed Forces Special Powers Act (AFSPA), 1958.
• The NHRC and other agencies failed to act decisively.
• FIRs should be registered in all cases where credible allegations exist.

Arguments of the Respondents (Union of India & State of Manipur)

The Union of India and the state of Manipur countered by arguing:

• Many of these incidents occurred during anti-insurgency operations.
• Several cases lacked documentary evidence or had already been closed.
• Local law enforcement and military courts were handling necessary inquiries.
• Reopening old cases would lead to unnecessary litigation.

Supreme Court’s Analysis and Judgment

The Supreme Court, led by Madan B. Lokur and Uday Umesh Lalit, issued a landmark ruling emphasizing the need for transparency and accountability in cases involving extrajudicial killings.

1. Every Encounter Must Be Investigated

• The Court ruled that every death caused by security forces must be investigated and cannot be assumed to be justified without proper inquiry.
• Even if the deceased had a criminal background, the state could not act as a judge, jury, and executioner.

2. Special Investigation Team (SIT) Ordered

• The Court ordered the formation of an SIT under the CBI to investigate these killings.
• The SIT was directed to file FIRs, conduct fresh investigations, and submit charge sheets where applicable.

3. NHRC’s Role and Recommendations

• The Court acknowledged that the NHRC had been reduced to a “toothless tiger” due to lack of enforcement powers.
• It directed that NHRC’s recommendations be given legal force, ensuring compliance with its findings.

4. Manipur Government’s Accountability

• The state of Manipur was criticized for failing to investigate these encounters.
• The Court emphasized that a mere payment of compensation to victims’ families could not substitute for criminal accountability.

5. Rule of Law Must Prevail

• The judgment reinforced that the right to life under Article 21 of the Constitution cannot be curtailed even in insurgency-prone areas.
• The presence of AFSPA does not grant security forces blanket immunity from prosecution.

Final Judgment

• The Supreme Court directed the registration of FIRs in cases where independent commissions or courts had already found a prima facie case of excessive force.
• The CBI was tasked with investigating cases involving security forces.
• The state of Manipur and the NHRC were instructed to ensure compliance with the Court’s orders.

Conclusion

This landmark judgment underscores the fundamental principle that security forces must operate within the bounds of the law. It affirms that fake encounters and extrajudicial executions cannot be justified under the guise of maintaining national security.

The ruling sets an important precedent for future cases involving allegations of police and military excesses, ensuring that victims’ families have legal recourse and that perpetrators are held accountable.

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