Encounter Killings- National And State Human Right Commissions Are Doing Nothing, What Are The Use Of These Bodies, Abolish Them: Justice Lokur

"The Judiciary has been a bit of a disappointment. From what we read in the newspapers, the Manipur extra-judicial killings matter was mentioned thrice before the Supreme Court but not taken up", Justice Madan B. Lokur has expressed.He was speaking on 'Encounter' Killings In India' at the Release of 'Extinguishing Law In Life: Police Killings And Cover-Up In The State Of UP' (a report by Youth for Human Rights Documentation, Citizens Against Hate and People's Watch). Justice Goda Raghuram, former Judge of Andhra Pradesh High Court and Director of the National Judicial Academy, Dr. Yug Mohit Chaudhury, Advocate at the Bombay High Court also spoke at the function. Advocate Mangla Verma presented the report. The symposium was organized by Centre for Criminal Justice Reform and Research, NALSAR University of Law, Hyderabad.In 2017, the Supreme Court bench headed by Justice Lokur had directed the CBI to constitute an SIT to investigate the alleged extra judicial killings in Manipur, on a plea alleging 1528 extra-judicial executions carried out by the police and security forces in Manipur. It is alleged that a majority of them have been carried out in cold blood while the victims were in custody and allegedly after torturing them. Petitioners alleged that not a single FIR has been registered by the Manipur police against the police or the security forces even though several complaints have been made in respect of the alleged extra-judicial executions. As a result of the failure of the Manipur police to register an FIR not a single investigation or prosecution has commenced and the cries of anguish of the families of the victims have fallen on deaf ears. The petitioners alleged that the victims of the extra-judicial executions include innocent persons with no criminal record whatsoever but they are later on conveniently labeled as militants.About this, Justice Lokur remarked, "The Supreme Court directed the CBI to look into the matter. What has happened, nobody knows. The lawyer, that is what the newspapers say, mentioned the matter three times before the Supreme Court, urging, 'Please take up the case so that we know what the CBI is doing'. But the case has not been taken up. It has been almost 3 years. Nothing has happened. What has happened to the family? Can you say will give you three lakhs or five lakhs, forget about who killed whom and be happy? So long as you have legal impunity- the Armed Forces (Special Powers) Act, you can do whatever you want? It can't be like that. There has to be accountability. The rule of law does not allow encounter killings!""In Manipur, people said we are willing to come forward and give evidence, but who is going to take evidence? Nobody. Why? Because the state says 'we are not interested'. I don't know what the CBI are doing. And in the few cases where the enquiries were held, and if they were found guilty, then that is it? What happens after that? The trial will take its own time. And people will get away with it, they will get transferred. How will you get to them?", he continued"I would say that the judiciary has been a bit of a disappointment. In Manipur, I said I don't know what is going on inspite of the orders passed by the Supreme Court...", he stated.'NHRC is doing nothing. Might as well abolish it'"The NHRC is doing nothing. Absolutely nothing. Three years, they have been sitting on it. SHRCs, nobody even talks about them. What is the use of having bodies like this if nothing is happening? Abolish them! You abolish tribunals, might as well abolish the NHRC and SHRC if they are going to do nothing. Why should the taxpayer pay for them?", expressed Justice Lokur."Police accountability commissions ordered way back by the Supreme Court in the Prakash Singh judgment are not functional at all, perhaps not even existing in many states. The civil society is unable to do anything because of what is going on!", he continued.'Killing is virtually the start of the problems; What about justice for the deceased and his family?'He spoke of how difficult it is for the family of the deceased to get justice, even stating that it is virtually like the killing is the start of the problems."It is not the end of the problem so far as society is concerned, so far as the deceased is concerned. And telling the family that we will give you money, take 10 lakhs and be happy, take five lakhs and be happy? It is not a solution. There is much more to life than five lakhs or 10 lakhs. The family has to go through tremendous trauma. How are they going to survive? What about justice? They believe, and they may be right, that this person was completely innocent, he was not even a criminal, or maybe it was a petty thief or something, but does it mean that you take the life of that person?", asked Justice Lokur."First of all, why should this happen at all? And if it does, then how do we give justice to these people? Money, according to me, is not the answer. What about accountability? Is the police...

Encounter Killings- National And State Human Right Commissions Are Doing Nothing, What Are The Use Of These Bodies, Abolish Them: Justice Lokur

Mehal Jain

Tags