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Extra Judicial Execution Victim Families Association (EEVFAM) & Anr. v. Union of India & Anr.

Writ Petition (Criminal) · Neutral citation not assigned (Writ Petition (Criminal) No. 129 of 2012)Decided 8 Jul 2016
Writ Petition (Criminal) No. 129 of 2012
Justice Madan B. Lokur · Justice Uday Umesh Lalit

Background

This is an interim order, not a final judgment. Families of alleged victims filed a writ petition under Article 32 about alleged fake encounters and extra-judicial killings by the Manipur Police and the armed forces. The petitioners documented roughly 1,528 such cases.

Decision Breakdown

This is an interim order, not a final judgment. On 8 July 2016 the Court rejected the Union's argument that armed forces personnel have blanket immunity, and held that where a death results from excessive or retaliatory force by the Manipur Police or the armed forces, proceedings can be instituted in a criminal court. It kept open the question whether court martial proceedings or an ordinary criminal trial should apply. It directed the petitioners' representative and the Amicus Curiae to prepare tabular statements on the status of inquiries into the 1,528 cases before any final directions, and fixed the matter for further proceedings four weeks later.

Lesson Learnt

Soldiers and police in a disturbed area do not get automatic immunity from criminal investigation if they use excessive or retaliatory lethal force. There is no final ruling yet on the individual cases or on whether a court martial or an ordinary criminal trial will apply.

Official source (sci.gov.in)View Judgment (PDF)

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