LexEXTRA JUDL. EXEC. VICTIM FAMILIES ASSN. & ANR. versus UNION OF INDIA & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2017] l 1 S.C.R. 363
EXTRA JUDL. EXEC. VICTIM FAMILIES ASSN. & ANR.
A
v.
UNION OF INDIA & ORS.
(Writ Petition (Crl.) No. 129 of 2012)
JULYl4,2017
[MADAN B. LOKUR AND UDAY UMESH LALIT, JJ.]
Constitution oflndia -Art.21 and 32- Fake encounter killings
- Use of excessive Jl>rce or retaliulo(V force b.v police personnel
and perso1111el in uniform of the armedforces in the State of Manipur
- Wiit petition alleging that I 528 persons killed in fake encounters
- Documentation found inadequate to order any inquiry into
allegations made - issuance of direction lo complete the
documen/ation - information collected with regard to 655 deaths
out of i 528 alleged. wherein deaths were investigated by
Commissions of inquiry, Judicial Inquiries, High Court, NHRC. and
Justice Santosh Hegde Commission and registration of FIRs was
directed in these complaints - Issuance of direction to CBI lo
constitute a Special Invesligation Team lo investigate the alleged
ex/ra judicial killings in Manipur - Officers of the Manipur Police
not associaled with Special Invesligaling Team, since in some of /he
cases the role of the Manipur Police itself has been adversely
con1111e11ted upon.
Administration of Justice - Fake encounter killings - Petition
al the instance of third party, next of the kin having lhemse/ves
given a quietus to the incidents - Maintainability of-Held: It cannot
be said that the Court cannot take up the issue at the instance of a
third parzv - Access to justice is certainly a human right and it has
been given a special place in the constitutional scheme where free
legal aid and advice is provided to a large number of people in the
co11111ry - To provide access to justice to every citizen and to make
it meaning(td. lhis Court has evolved its public interest jurisprudence
- In the instant petitions, the next of kin could not access justice in
the local courts and the petitioners took up their cause in public
interest - Constitutional j11rispn1dence does not permit to shut the
door on such persons and the constitutional obligation requires to
give justice a11d succour to the next of kin of the deceased.
363
B
c
D
E
F
G
H
364
A
B
c
D
E
G
H
SUPREME COURT REPORTS
[2017] 11 S.C.R.
('01n11e11:•;ation - l·'ake encounter killing.r,· -
("on11Jensation,
whether an appropriate relief - Held: Compensation having bee11
paid lo the next of kin fiJr the unfortunate deaths, it ca1111ot he said
that it may be 110/ necessaty to proceed further in the matter -
c:o11111e11sation has been lll1'£1r,ietf tu the next of kin for the agon.v
they have sujfeted and ro enable them lo immediately tide over their
loss and jiJr thrir relwbilitution - This cannot override the law of
the land. othe1twise all heinous crimes would gel sellled through
payment of moneta1y compensation - Constillllional jurisprudence
does not pern1it this and certain/)' cannot encourage ur countenance
such a vie-iv.
Delay/Laches - Fake encounter killings - Some of the
incidents of considerable vintage - Re-opening of the issues .fur
investigation - Held: Crime which involves the death of a person
who is possibly in11ocent, ca1111ot be 01•er-looked only because of' a
lapse c!f' time - It was the obligation of the State to have suo motu
conducted a thorough inqui1y at the appropriate time and soon
after each incide11/ look place - Merely because the State has not
1ake11 any action and has allowed rime to go by, it cannot take
tu/vantage of the clela,,v to .\-cuttle an inquiry.
Protection of Huma11 Rights Act, 1993 - Natio11al Human
Rights Commission - lmple111e11tatio11 of its communications a11d
Guide/i11es - Plea of NHRC that there should be implementation of
its communicat/011s a11d Guidelines, enforceme11t of the orders passed
by it and necessary provision for its effective fi111ctioni11g - Held:
Intention of the NHRC is to 111ore effectively assist the crimiolc1ljustice
delive1y system and avoid anyji1ctual controversies while reopecting
human rights - Unless the communicatio11s and G11ideli11es laid down
by the NHRC are adhered lo, the respect and dignity due to the
dead and the hu111an rights of all will remain only on paper - Request
111ade by NHRC to be expeditiously and favourably respected and
considered by the Union of' India for the effective fimctioning of
NHRC - Issuance of direction to Union of India to take note of the
concerns of' the NHRC and remedy them at the earliest.
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