THE CENTRE Wednesday urged the Supreme Court to recall its verdict of 2016 on conducting a probe into 1,528 cases of alleged fake encounters in Manipur in the last 20 years, asserting that the judgment has “hampered the Indian Army’s ability to respond to insurgent and terrorist situations”.
Attorney-General Mukul Rohatgi mentioned the matter before a bench led by Chief Justice of India J S Khehar and sought a hearing in open court of the curative petition filed by the government.
Pressing for urgency, the law officer maintained that the fetters imposed by the verdict was affecting anti-terror and anti-insurgency operations by the Army, which would bring the morale of the forces down if they were subjected to investigation by police after every incident.
“It is the question of national security,” said the AG. The bench replied that it would go through the curative petition and then take a call on granting an open court hearing. A curative petition, which is moved after a review petition gets dismissed, is usually heard in chamber by the judges.
In 2016, a bench led by Justice Madan B Lokur had decided to probe 1,528 cases of alleged fake encounters by security forces and Manipur Police, noting that “democracy would be in grave danger” if armed forces were permitted to kill citizens on a mere allegation or suspicion that they were enemies of the state.
It had added that “smoking guns” must come under judicial scrutiny to examine if excessive or retaliatory force was used by security forces.
Underlining that “no absolute immunity” would be given to armed forces personnel if any death was found to be “unjustified”, the bench had held that “the use of excessive force or retaliatory force by Manipur Police or the armed forces of the Union is not permissible” and all such instances must be thoroughly investigated.
Raising questions on deployment of security forces in Manipur under the AFSPA since 1958, the court had urged all the stakeholders “to find a lasting, peaceful solution to the festering problem”. The bench had rejected the Central government’s submission that there is a war-like situation in the state and an inquiry may demoralise the security forces, in turn helping the insurgents.
Seeking recall of this judgment, the government has now said the immediate effect of the impugned judgment is that it has hampered the Army’s ability to respond to insurgent and terrorist situations.
“The findings and conclusions set out in the judgment have far reaching ramifications on the security and integrity of the territory of India especially in parts of India that are plagued with constant militant and insurgency activities. The Indian Army has to, in given circumstances, take quick decisions which cannot be dissected later on like an appeal against the ordinary murder appeal,” said the petition.
The government said “human rights and respect for the life of a human being are kept on the highest pedestal” as reflected by the data showing only 10 per cent of insurgents died in the Army operations between 1990 and 2015.