Are we in a state of war, asks SC

IMPHAL, November 23 , Agencies : The Supreme Court today came down heavily on Manipur government with regard to the case of extra-judicial killings in Manipur.

The case was heard in the Supreme Court of India for the third time today, 23 November 2012 and it was greatly disturbed by the attitude and orientation of the affidavit filed by the Government of Manipur.

The apex court asked the Manipur government counsel “How a State Government could file an affidavit stating that they are killing “us” and so we are killing “them”. Are we in a state of war?”

Referring to section asking the National Human Rights Commission to respond to the cases taken up by them, the Court wanted to know “Are you making the National Human Rights Commission an alibi to all the killings”?

The Court took the matter seriously and asked the Additional Solicitor General of India to be present in the Court. The matter was passed over.

Later in the day, in the presence of the Additional Solicitor General, the court ordered the Central Government and the National Human Rights Commission to file their affidavit by 2 December and fixed 4 December as date of the next hearing.

The Supreme Court had earlier on November 5 rapped the Manipur Government for not filing its report on alleged extra- judicial killings in the state, saying “people are dying out there”.

A bench headed by Justice Aftab Alam directed the government to file its response within two weeks and also asked the Attorney General to assist it in deciding the case.

“Do it quickly. People are dying out there. File your report by November 19,” the bench said when the counsel appearing for the state sought six weeks time to file the response.

The apex court had on October 1 expressed concern over spate of alleged extra-judicial killings in the state and issued notices to the Centre and the state government on a plea for an independent probe into around 1,500 such cases.

The court’s order came on public interest litigation (PIL) petition by Extra-judicial Executions Victim Families Association Manipur (EEVFAM), an association of the families of the alleged victims, pleading with the apex court to set up a special investigation team and direct inquiry into all such cases.

The association said over 2000 odd extra-judicial killings have taken place in the state but no one has been held guilty till date.

The petitioner alleged innocent people with no criminal records have been killed by the security forces and no proper investigation has been done in such cases.

“Not only were there no criminal investigations and prosecutions of the guilty, even departmental enquiries were not conducted and no policemen or personnel of the security forces punished departmentally for their actions.

“The magisterial enquiries that took place sometimes were conducted by the executive magistrates under the cover of secrecy and most often without intimation to the eyewitnesses and the members of the families. They were conducted as eyewash,” the petition said.

x court to set up a special investigation team and direct inquiry into all such cases.

The association said over 2000 odd extra-judicial killings have taken place in the state but no one has been held guilty till date.

The petitioner alleged innocent people with no criminal records have been killed by the security forces and no proper investigation has been done in such cases.

“Not only were there no criminal investigations and prosecutions of the guilty, even departmental enquiries were not conducted and no policemen or personnel of the security forces punished departmentally for their actions.

“The magisterial enquiries that took place sometimes were conducted by the executive magistrates under the cover of secrecy and most often without intimation to the eyewitnesses and the members of the families. They were conducted as eyewash,” the petition said.