LexEXTRA JUDICIAL EXECUTION VICTIM FAMILIES ASSOCIATION (EEVFAM) AND ANOTHER versus UNION OF INDIA & ANOTHER
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A B [2013) 1 S.C.R. 140 EXTRA JUDICIAL EXECUTION VICTIM FAMILIES ASSOCIATION (EEVFAM) AND ANOTHER v. UNION OF INDIA & ANOTHER (Writ Petition (Criminal) No. 129 of 2012) JANUARY 4, 2013 [AFTAB ALAM AND RANJANA PRAKASH DESAI, JJ.] Constitution of India, 1950-Article 32 - Unlawful killings C - Extra Judicial Execution - Writ petitions raising disquieting issues pertaining to the State of Manipur - Statement made that, over the years, large number of Indian citizens, have been killed by the Manipur Police and other security forces while they were in custody or in stage-managed encounters D or in ways broadly termed as 'extra-judicial executions' and that for a very long time, the State of Manipur is declared as "disturbed area" and is put under the Armed Forces (Special Powers) Act, 1958, subverting the civil rights of the citizens of the State and making it possible for the security forces to E kill innocent persons with impunity - Three member high powered commission appointed by Supreme Court to make thorough enquiry in the first six cases filed by the petitioners and record a finding regarding the past antecedents of the victims and the circumstances in which they were ki/led - F State Government and all other concerned agencies directed to hand over to the Commission, without any delay, all records, materials and evidences relating to the cases, as directed above, for holding enquiry - It will be open to the Commission to take statements of witnesses in connection G with the enquiry conducted by it and it will be free to devise its own procedure for holding the enquiry - In light of the enquiries made by it, the Commission to also address the larger question of the role of the State Police and the security forces in Manipur - Commission to also make a report H 140 EXTRA JUDICIAL EXECUTION VICTIM FAMILIES 141 ASSOCIATION (EEVFAM) v. UNION OF INDIA regarding the functioning of the State Police and security A forces in the State of Manipur and in case it finds that the actions of the police and/or the security forces transgress the legal bounds, the Commission shall make recommendations for keeping the police and the security forces within the legal bounds without compromising the fight against insurgency - B Commission to give its report within twelve weeks - Central Government and the Government of the State of Manipur to extend full facilities, including manpower support and secretarial assistance as may be desired by the Commission to effectively and expeditiously carry out the task assigned to c it by the Court - Matter to be put up on receipt of the report by the Commission - Armed Forces (Special Powers) Act, 1958. People's Union for Civil Liberties v. Union of India and another (1997) 3 sec 433 - referred to. D Case Law Reference: (1997) 3 sec 433 referred to Para 8 CRIMINAL ORIGINAL JURISDICTION : Writ Petition (Crl.) E No. 129 of 2012. Under Article 32 of the Constitution of India. WITH Writ Petition (C) No. 445 of 2012. F Menaka Guruswamy (Amicus Curiae), Paras Kuhad, ASG, Colin Gonsalves, Jaideep Gupta, Ranjit Kumar, V. Giri, Bipin Aspatwar, Surabhi Shukla, Raeesa Vakil, Jubli, Jyoti G Mendiratta, Sapam Biswajit Meitei, Ashok Kumar Singh, Neeraj K. Sharma, Ashok Dhamija, B.K. Prasad, Khwairakpam Nobin Singh, Shobha, Mehak for the appearing parties. The following Order of the Court was delivered H A 142 SUPREME COURT REPORTS [2013] 1 S.C.R. ORDER 1. These two writ petitions, each filed under Article 32 of the Constitution of India, raise some disquieting issues pertaining to the State of Manipur. In writ petition (criminal) 8 No.129 of 2012, it is stated that, over the years, a large number of people, Indian citizens, have been killed by the Manipur Police and other security forces while they were in custody or in stage-managed encounters or in ways broadly termed as 'extra-judicial executions'. In writ petition (civil) No.445 of 2012, C it is stated that for a very long time, the State of Manipur is declared as "disturbed area" and is put under the Armed Forces (Special Powers) Act, 1958, subverting the civil rights of the citizens of the State and making it possible for the security forces to kill innocent persons with impunity. D 2. In this order, we deal with the first writ petition, i.e., writ petition (criminal) No.129/2012. 3. In this writ petition it is stated that during the period May, 1979 to May, 201
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