SC dismisses govt plea against ruling in Manipur encounter deaths
Manipur
The top court decision implies that the government will now have to probe every allegation of an extra-judicial killing by security forces in Manipur
India's top court, the Supreme Court, has dismissed a curative petition of the federal governmentasking it to review its 2016 verdict making the armed forces accountable for civilian deaths duringencounters in the "disturbed" areas of Manipur.
The top court decision implies that the government will now have to probe every allegation of an extra-judicial killing by the armed forces in the disturbed areas of the north eastern state.
The Supreme Court had in July last year ordered a probe into the alleged fake encounter killings inManipur, ruling that the use of “excessive or retaliatory force” by the armed forces or police was notpermissible in ‘disturbed areas’ under the controversial Armed Force Special Powers Act (AFSPA).
The top courthad held that an army personnel could not be given absolute immunity from trial by a criminal court if he had committed an offence, irrespective of whether the victim was a terrorist, insurgent or a militant.
The court saidthat an investigation was necessary to address any allegation of use of excessive or retaliatory force beyond the call of duty.
The court's original judgement has attained finality with today's ruling.
A curative petition entitles an aggrieved person to relief against the final judgement of the SupremeCourt, after dismissal of a review petition.
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The court had earlier dismissed a review petition and declined a recall order in the matter.
The July 2016 judgement had come on the basis of a plea filed by hundreds of families in Manipur asking for a probe into the 1,528 cases of alleged fake encounters involving the Army and the police.
The government had challenged the verdict on the grounds that it would impact the morale of the armed forces and be detrimental during counter-insurgency operations in the state.
(WION)