Supreme Court Allows Discharge Of NHRC Officer From SIT Probing Alleged Fake Encounters In Manipur

Supreme Court has on Wednesday allowed request of Senior Superintendent of Police Mahesh Bhardwaj in the NHRC seeking discharge from the SIT formed to investigate alleged fake encounters in Manipur

A three judge Bench led by Justice Ramana has allowed the officer to he discharged to his parent department to join on his promoted post, and has directed the Centre provide a suitable officer to the NHRC expeditiously.

The Bench was hearing applications filed in the PIL regarding killings in fake encounters by police personnel and personnel in uniform of the armed forces of the Union.

During the hearing Solicitor General Tushar Mehta, appearing for the CBI submitted that an application has been filed regarding soldiers fighting on Manipur border, risking their lives. An application has been filed on behalf of Central Bureau of Investigation

Justice Ramana clarified that the Bench has only one plea on record, a limited IA seeking discharging of one officer and it will decide that today. The other application would be taken up later.

The Bench then observed that the Amicus Senior Advocate Menaka Guruswamy had something to say on the last occasion

"On these issues, the Amicus can have nothing to say." SG Mehta observed.

"They've been appointed by the Court" the Bench said.

"They are for purpose of assisting when assistance is required. They cannot run CBI's administration. I am a little blunt, but deliberately blunt. Your Lordships can they can't. " SG Mehta submitted.

"They can assist on question of law, and they have assisted substantially " He added.

Sr Adv Guruswamy submitted that according to the Court's 2018 direction, NHRC be part of this SIT so there should be a substitution.

SG Mehta again submitted that the Amicus cannot run CBI, and their role should be demarcated.

The Bench submitted that the current Request has been made by officer, forwarded by NHRC. Not by Amicus.

SG Mehta added " This is not in this matter, this is happening every day in every matter with everyone. The amicus is a concept where your lordships needs some assistance on proposition of laws, when there are divergent views. They are not supposed to be telling that say don't don't this or that.

"You are a senior counsel, Solicitor General of India. We know, the Amicus also knows what extent they can make submissions. Don't bring other things to this present day matter. " the Bench remarked

Bench then asked SG Mehta as to which officer they will substitute.

Sr Adv Basava Prabhu Patil appearing for National Human Rights Commission submitted that he was officer was with the SIT and on deputation to NHRC. He has been promoted as DIG. He is seeking that promotion be given effect.

"I request Your Lordships to demarcate lines upto which the Court can be assisted by Amicus. I'll move an application. We've been seeing this for decades" SG Mehta submitted.

The Bench asked SG Mehta to reserve that argument for when he makes submissions.

The present PIL was filed regarding killings in fake encounters by police personnel and personnel in uniform of the armed forces of the Union. The plea had also sought probe into cases of alleged extra-judicial killings in Manipur.

The Top Court had in 2017, directed CBI to nominate a team and investigate into the issue. In July 2018, it had directed the CBI to file final reports in four cases of alleged extra-judicial killings and fake encounters in Manipur stating that human rights violation cannot be tolerated

Click here to download the Order