Saturday, June 8, 2013

SC rejected Plea of Justification of Fake Encounters in lieu of Killings of Policemen

While adjudicating WRIT PETITION (CRIMINAL) NO.129 OF 2012 in respect of stage-managed encounters or‘extra-judicial executions of a large number of India people by the Manipur Police and other Security Forces, while they were in custody, the Hon'ble Supreme Court of India has recently remarked with an observation that, "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 step in 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." It is also worth to be noted at this juncture that the Hon'ble Apex Court has also rejected the plea for consolidation of hearing of this case along with other two cases including an appeal against the judgment of the Bombay High Court and a writ petition, filed by the State of Gujarat on the subject of fake encounters, with a harsh remarks that " We fail to see any relevance of the two cases referred to in the counter affidavit and, in our view, the plea that these two writ petitions should only be heard along with those two cases is meant to detract from consideration the grave issues raised in the writ petition'

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