PEOPLE'S UNION FOR CIVIL LIBERTIES versus UN10N OF INDIA AND ANR.

Citation: [1997] 1 S.C.R. 923 · Decided: 05-02-1997 · Supreme Court of India · Bench: B.P. JEEVAN REDDY · Disposal: Disposed off

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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PEOPLE'S UNION FOR CIVIL LIBERTIES 
v. 
UN10N OF INDIA AND ANR. 
FEBRUARY 5, 1997 
[B.P. JEEVAN REDDY AND S.C. SEN, JJ.] 
Constitution of India-Art. 
32-Writ Petition-Custodial 
deaths-Award of compensation of Rs. 1,00,000 to families of each of the 
deceased. 
International Covenant on Civil and Political Rights, 1966-Article 
9(5)-Custodial deaths-To what extent can the provisions of such Interna-
tional covenants/conventions be read into national laws-Held, provisions of 
the Covenant which elucidate and go to effectuate the fundamental 1ights can 
A 
B 
c 
be relied upon by courts. 
D 
This writ petition was filed for issuance of a writ of mandamus or 
other appropriate order or direction to institute a judicial im1uiry into 
alleged fake encounter by Imphal Police in which two persoris were killed 
and to award compensation to the· members of the families of the deceased. 
The petitioners alleged that certain villagers were caught by the police, 
taken in a truck to a distant place and two of them killed there; that three. 
other persons who were also caught and taken away along with two 
deceased persons were kept in police custody for a number of days and 
taken to Mizoram and released on bail; that Hamar Peoples' Convention 
was a political party active in Mizoram and not an unlawful· organisation. 
E 
F 
Government of India denied the allegations of 'fake encounter', while 
submitting that there was genuine cross firing between the police and the 
activists of Hamar People's Convention during which these two deaths 
took place as Hamar Peoples' Convention was indulging in illegal and G 
terrorist activities and in acts disturbing the public order. 
An enquiry into the alleged incident conducted by a District and 
Sessions Judge on directions of this Court reported that 'there was no 
encounter in that night and the two deceased were shot dead by the police 
while in custody.' 
H 
923 
924 
SUPREME COURT REPORTS 
(1997] 1 S.C.R. 
A 
The State of Manipur ·submitted that Manipur being a disturbed 
area, there were several terrorist groups operating in the State, Hamar 
People's Convention being one of such terrorist organizations, indulging in 
a number of crimes affecting the public order, affecting the security of the 
State; there had been regular. encounters and exchange of fire between 
B police and terrorist on number of occasions and a number of citizens had 
suffered at the hands of terrorists and many people had been killed; that 
information was received by the 110Iice that terrorists were gathering in a 
house on that night and when police conducted the raid, there was excfomge 
of fire resulting in the death of the terrorists. 
C 
Disposing of the writ petiti.on, this Court 
D 
HELD: 1.1. There were no reasons for not accepting the report of the 
District and Sessions Judge that the two deceased persons were taken into 
police custody, taken in a truck to a long distance away and shot there. 
[927-DJ 
1.2. It is true that Manipnr is a disturbed area, that there appears to 
~ 
._ 
be a good amount of terrorist activity affecting public orde.r and, may be, 
even security of that State. It may also be that under these conditions, 
certain additional and unusual powers have to be given to the police to deal 
E with terrorism. It may be necessary to fight terrorism with a strong hand 
which may involve vesting of good amount of discretion in the police officers 
or other para-military forces engaged in fighting them. If the version of the 
police with respect to the incident in question were true, there could have 
been no question of any interference by court. Nobody can say that the 
police should wait till they arc shot at. It is for the force on the spot to 
F 
decide when to act, how to act and where t11 act. It is not for the court to say 
how the terrorists should be fought. Even after fifty years of our inde-
pendence, our territorial integrity is not fully secure. There are several 
types of separatist and terrorist activities in several parts of the country. 
They have tu he subdued. Whether they should be fought politically or be 
G dealt. with by force is a matter of policy for the government to determine. 
The courts may not be the appropriate forum to determine those question. 
All this is beyond dispute. But the present case appear to be one where two 
persons along with some others were just seized from a hut, taken to a long 
distance away in a truck and shot there. This type of activ

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