Manipur Encounter: SC Directs CBI To Appoint A Senior Officer To Monitor Investigation And Not To Change Members Without Leave Of The Court

In a follow-up order issued on August 22, the Supreme Court bench of Justices Madan B.Lokur and Uday Umesh Lalit, took note of the composition of a team of five officers by the Central Bureau of Investigation to probe the fake encounter deaths in Manipur, in terms of its judgment dated July 14.  More important, the bench emphasized that the CBI should appoint a Senior Officer at least of the rank of DIG to monitor the investigation, so that it can be concluded expeditiously.

The bench also made it clear that the members of the team should not be changed without leave of the Supreme Court and should exclusively undertake the task in terms of its July 14 judgment, except with regard to any pending matter which is nearing conclusion.  The above directions will also apply to the monitoring officer, the bench held.

The team is expected to go through the records of the cases mentioned in the three tables in the judgment, lodge necessary FIRs and to complete the investigations by December 31, and prepare chargesheets, wherever necessary.  The bench allowed the SIT to utilize the material already gathered, in accordance with law.

Table I identifies 35 victims, grouped under Commissions of Inquiry cases.   Independent Commissions of Inquiry have made adverse comments against personnel of the Manipur Police and the Central Reserve Police Force, for the use of excessive force or retaliatory force against these victims.  The Court found more than a prima facie case is made out for lodging an FIR in the appropriate police station in respect of the death of 32 of these victims.

In Table II, the Gauhati High Court had entertained writ petitions into allegations of the death of as many as 37 persons in fake encounters through the use of excessive or retaliatory force and in some cases ordered a judicial enquiry.  The Supreme Court had ordered registration of FIRs in these cases also.

In Table III, details of 23 cases in which the National Human Rights Commission had awarded compensation to the next of kin of the deceased were given.   The Supreme Court entrusted the investigation of these cases also to the SIT.

The case will come up for hearing in January 2018.