Supreme Court in its recent Judgment, Extra Judicial Execution Victim Families Association v Union of India, came down heavily on Manipur Police and the armed forces of Union for carrying out fake encounters and extra judicial executions. The court held that the use of excessive or retaliatory force is not permissible and if that results in the death of any person, proceedings can be instituted in a criminal court subject to appropriate procedure being followed.
The petitioner had compiled 1528 such cases carried out by security forces but the Attorney General opposed any enquiry in these cases contending that a war like situation was prevalent in Manipur. Court observed that Manipur is facing public order situation but it doesn’t have a war like situation or external aggression that threatens the security of the country.
Court also stated that even if a person is carrying weapon in a disturbed area this does not ipso facto make that person an enemy, insurgent, militant or a terrorist, there must be commission or some attempt of committing of a violent act.