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Thursday, May 9

Supreme Court on fake encounters and court’s role


Extra Judicial Execution Victim Families Association and Anr.vs. Union of India and Ors., Writ Petition (Criminal) No. 129 of 2012, Decided on Jan 4, 2013


The Hon’ble Supreme Court held:


“The life of a policeman or a member of the security forces is no less precious and valuable than any other person. The lives lost in the fight against terrorism and insurgency are indeed the most grievous loss. But to the State it is not open to cite the numbers of policemen and security forces killed to justify custodial death, fake encounter or what this Court had called “Administrative liquidation”. It is simply not permitted by the Constitution. And in a situation where the Court finds a person’s rights, specially the right to life under assault by the State or the agencies of the State, it must stepin and stand with the individual and prohibit the State or its agencies from violating the rights guaranteed under the Constitution. That is the role of this Court and it would perform it under all circumstances.”


In this case the Supreme Court constituted three-member commission to enquire into ‘extra judicial killings’ in Manipur state.

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