LawforAll

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Showing posts with label human rights. Show all posts
Showing posts with label human rights. Show all posts
Tuesday, January 8, 2013

The writ petitioners make the prayer to constitute a Special Investigation Team comprising police officers from outside Manipur to investigate the cases of unlawful killings listed in the writ petition and to prosecute the alleged offenders but at this stage we are not inclined to appoint any Special investigation Team or to direct any investigation under the Code of Criminal Procedure. Instead, we would first like to be fully satisfied about the truth of the allegations concerning the cases cited by the writ petitioners. To that end, we propose to appoint a high powered commission that would tell us the correct facts in regard to the killings of victims in the cases cited by the petitioners. We, accordingly, constitute a three-member commission as under: 1. Mr. Justice N. Santosh Hegde, a former Judge of the Supreme Court of India, as Chairperson 2. Mr. J. M. Lyngdoh, former Chief Election Commissioner, as Member 3. Mr. Ajay Kumar Singh, former DGP and IGP, Karnataka. We request the Commission to make a thorough enquiry in the first six cases as detailed in “Compilation 1”, filed by the petitioners and record a finding regarding the past antecedents of the victims and the circumstances in which they were killed. The State Government and all other concerned agencies are directed to hand over to the Commission, without any delay, all records, materials and evidences relating to the cases, as directed above, for holding the enquiry. It will be open to the Commission to take statements of witnesses in connection with the enquiry conducted by it and it will, of course, be free to devise its own procedure for holding the enquiry. In light of the enquiries made by it, the Commission will also address the larger question of the role of the State Police and the security forces in Manipur. The Commission will also make a report regarding the functioning of the State Police and security forces in the State of Manipur and in case it finds that the actions of the police and/or the security forces transgress the legal bounds the Commission shall make its recommendations for keeping the police and the security forces within the legal bounds without compromising the fight against insurgency. The Commission is requested to give its report within twelve weeks from today. The Central Government and the Government of the State of Manipur are directed to extend full facilities, including manpower support and secretarial assistance as may be desired by the Commission to effectively and expeditiously carry out the task assigned to it by the Court. The Registry is directed to furnish a copy of this order and complete sets of briefs in both the writ petitions to each of the members of the Commission forthwith. Put up on receipt of the report by the Commission.

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                                                                  REPORTABLE                         IN THE SUPREME COURT OF INDIA     ...
Wednesday, January 2, 2013

The Honourable Apex Court's observations are as follows: "It is not possible to accept that investigation at this stage cannot be handed over to CBI Authorities or any other independent agency. The accusations are directed against local police personnel in which high police officials of the State of Gujarat have been made the accused. It is proper for the writ petitioner or even the public to come forward to say that if the investigation carried out by police personnel of the State of Gujarat is done, the writ petitioner and their family members would be highly prejudiced and the investigation would also not come to an end with proper finding, and if investigation is allowed to be carried out by local police authorities, all concerned including relatives of the deceased may feel that investigation was not proper, and in those circumstances, it would be fit and proper that the writ petitioner and relatives of the deceased should be assured that an independent agency should look into the matter, and that would lend the final outcome of the investigation credibility, however faithfully the local police may carry out the investigation, particularly when gross allegations have been made against high police officials of the State of Gujarat, and for which some high police officials have already been taken into custody. In an appropriate case when the Court feels that investigation by police authorities is not in the proper direction and in order to do complete justice in the case and as the high police officials are involved in the said crime, it was always open to the Court to hand over investigation to independent agency like CBI. In an appropriate case, the court is empowered to hand over investigation to an independent agency like CBI even when charge-sheet has been submitted." "The scope of this order is not to deal with the power of the Supreme Court to monitor investigation but to make sure that justice is not only done but is also seen to be done. Considering involvement of State police authorities and particularly eight officials of State of Gujarat, the Supreme Court is compelled to direct CBI Authorities to investigate into the matter even after the charge-sheet has been filed. Since high officials of the State are involved and some of them are already in custody, it would not be sufficient to instil confidence in the minds of victims as well as public that still the State police authorities would be allowed to continue with investigation when allegations and offences are mostly against them." "The Court cannot shut its eyes and allow State Police authorities to continue with the investigation and charge-sheet. For proper and fair investigation, CBI is directed to take up investigation and submit a report to the Supreme Court within six months...."In result, (i) this Writ Appeal is allowed. No costs. (ii) The investigation in Cr.No.27/2000 on the file of Marandahally Police Station is transferred to the seventh respondent/CBI. (iii) The respondents 1 to 5 are directed to immediately hand over the investigation of the case to the seventh respondent/CBI, by ensuring smooth transition of all the records and materials of the case, if any, to the seventh respondent. (iv) The respondents 1 to 5 are granted a time of one month from today, for handing over the investigation of the case with all the records and materials, if any, to the seventh respondent/CBI. (v) The seventh respondent is directed to take up the investigation of the case and complete the same in accordance with law and file the final report before the Court concerned within six months from the date of receipt of the entire case records and materials, if any. (vi) Though a prayer has been made on the part of the appellant/petitioner to direct the seventh respondent/CBI to register the case of murder under Section 302 IPC, we refrain from issuing any such direction, since it is for the investigating agency to decide, in accordance with law, as to against whom the case should be registered and under what section of law. (vii) Likewise, we also restrain ourselves from going into the request of the appellant to treat the statement of Siva @ Parthiban as a dying declaration, as it will not be proper to go into this aspect of the case at this point of time, when we have ordered investigation by CBI.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:  27.3.2012 CORAM: THE HONOURABLE MR.JUSTICE ELIPE DHARMA RAO AND THE HONOURABLE M...