1997 (2) TMI 552 - SC - Indian Laws

Summary

Issues Involved:
1. Judicial inquiry into the alleged fake encounter.
2. Appropriate action against erring police officials.
3. Compensation to the families of the deceased.

Summary:

1. Judicial Inquiry into the Alleged Fake Encounter:
The People's Union for Civil Liberties filed a writ petition u/s 32 of the Constitution of India, seeking a judicial inquiry into an alleged fake encounter by Imphal Police on 3-4-1991, resulting in the deaths of two villagers. The petitioner claimed that the encounter was staged, and the victims were taken into custody and killed. The Supreme Court directed the District and Sessions Judge, Churachandpur, to investigate the incident. The Judge concluded that there was no encounter and the two deceased were shot dead by the police while in custody.

2. Appropriate Action Against Erring Police Officials:
The State of Manipur denied the allegations, claiming the deaths occurred during a genuine cross-firing with terrorists. However, the Court accepted the findings of the District and Sessions Judge, rejecting the State's version of events. The Court emphasized that even in disturbed areas, "administrative liquidation" is not permissible, and the police should have dealt with the suspects according to the law.

3. Compensation to the Families of the Deceased:
The Court referenced previous judgments, including Challa Ramkonda Reddy v. State of A.P. and Nilabati Behera v. State of Orissa, to underline the State's liability for violating the right to life guaranteed by Article 21. The Court held that the defence of sovereign immunity does not apply in cases of fundamental rights violations. Consequently, the Court awarded compensation of Rs. 1,00,000 to the families of each deceased, to be paid by the Government of Manipur. Additionally, the People's Union for Civil Liberties was awarded costs of Rs. 10,000.

Conclusion:
The writ petition was disposed of with directions for compensation and costs, emphasizing the non-negotiable nature of the right to life and the State's accountability for its violation.