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SC Dismisses Centre’s Curative Petition In Manipur Killings Case [Read Orders]

LiveLaw Research Team
27 April 2017 4:28 PM GMT
SC Dismisses Centre’s Curative Petition In Manipur Killings Case [Read Orders]
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After exhausting every legal option to undo the Supreme Court's ruling in the Manipur killings case, the government now has to mandatorily probe every allegation of an extra-judicial killing.

On Thursday, the apex court dismissed a curative writ petition filed by Union of India and declined its plea for an open court hearing.

Earlier, the court had also dismissed a review petition and declined a recall order.

For the in-chamber proceedings hearing the curative writ petition, the bench was headed by Chief Justice JS Khehar.

It also consisted of Justice Chelameswar, Justice Dipak Misra (top-most judges of the apex court after the CJI), Justice Madan Lokur and Justice UU Lalit (the two judges who were part of the original ruling).

The bench said no case is made out within the parameters indicated in the decision of this court in Rupa Ashok Hurra vs Ashok Hurra & Another. 

Justice Lokur and Justice Lalit had ruled that even while dealing with the ‘enemy’, the rule of law would apply and if there have been excesses beyond the call of duty, those members of the Manipur Police or armed forces who have committed the excesses, which do not have a reasonable connection, must be prosecuted.

The Extra-Judicial Execution Victim Families Association and the Human Rights Alert had approached the court under Article 32 of the Constitution.

The petitioners claimed to have compiled 1,528 alleged extra-judicial executions carried out by the police and security forces in Manipur.

The court is now hearing individual cases to monitor the probe.

Senior advocate Colin Gonsalves is appearing for the petitioners while V Giri is appearing for the state of Manipur and Attorney General Mukul Rohatgi appeared for the Armed Forces, assisted by Col R Balasubramaniam.

Menaka Guruswamy was appointed as amicus curie in the case.

Read the Orders here.

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