The Centre moved Supreme Court seeking recall of its July 2016 judgment directing the Indian Army and other paramilitary forces cannot use excessive and retaliatory force in Manipur and all such complaints should be probed. Supreme Court agreed to hear the petition.
Appearing for Army, Attorney General Mukul Rohatgi mentioned before the Chief Justice J S Khehar's bench and informed the court that government has filed a curative petition in the case.
"The immediate effect of the judgment is that it has hampered the Indian Army's ability to respond to insurgent and terrorist situations attributable to the actors within the boundaries of the country," the senior most law officer of government said.
"The order was passed without taking into account the factors involved in counter insurgency operations conducted by the Indian Army," as per the curative petition.
CJI asked AG "whether it comes within the parameters of curative petition?"
In July last year order the court had asked the Centre to segregate the cases related to the armed forces from the list of 265 incidents of extra-judicial killings in Manipur, which it would deal with first on a plea seeking probe into such alleged fake encounter killings.
A bench of Justices Madan B Lokur and U U Lalit gave the findings on a PIL seeking probe and compensation in alleged 1,528 extra-judicial killings in Manipur from 2000 to 2012 by security forces and police.
The court said that it would first take up for hearing the matters under four heads -- commission of inquiry, judicial inquiry or high court matters, National Human Rights Commission (NHRC) cases, and cases based on written complaints.
There are 35 matters related to commission of inquiry and 37 cases of judicial inquiry or high court matters. Similarly, 23 NHRC matters would be heard along with 170 cases based on written complaints.