EXTRA JUDICIAL EXECUTION VICTIM FAMILIES ASSOCIATION (EEVFAM) & ANR. versus UNION OF INDIA & ANR.

EXTRA JUDICIAL EXECUTION VICTIM FAMILIES ASSOCIATION (EEVFAM) & ANR. versus UNION OF INDIA & ANR.

Writ petition maintainable under Article 32 for gross human rights violations by state actors; allegations of extra-judicial executions must be enquired into by judicial or independent agencies; excessive or retaliatory force by state agencies is impermissible; the Constitution permits deployment of armed forces as aid to civil power but not as replacement; proceedings against alleged offenders in security forces may be instituted in criminal court subject to requisite procedure; effective inquiry mechanisms and remedies for victims are essential.

Parties
Petitioner: EXTRA JUDICIAL EXECUTION VICTIM FAMILIES ASSOCIATION (EEVFAM) & ANR.; Respondent: UNION OF INDIA & ANR.
Jurisdiction
India
Judgment Date
08 July 2016
Procedural Posture
Writ Petition (criminal) No.129 of 2012 / Listed for Further Proceedings After Interim Orders and Directions
Outcome
Interim directions issued; writ petition maintainable; matter listed for further proceedings.
Legal Topics
Maintainability of Writ Under Article 32, Extra Judicial Executions, Armed Forces (special Powers) Act, Use of Excessive Force by Security Forces, Duty of Union Government Under Article 355, Emergency Powers Under Articles 352 and 356, NHRC Guidelines and Effectiveness, Distinction Between Public Order and Internal Disturbance, Jurisdiction Over Trial of Armed Forces Personnel
Constitutional Law Human Rights Law Criminal Law Maintainability of Writ Under Article 32 Extra Judicial Executions Armed Forces (special Powers) Act Use of Excessive Force by Security Forces Duty of Union Government Under Article 355 +4 more

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Parties

EXTRA JUDICIAL EXECUTION VICTIM FAMILIES ASSOCIATION (EEVFAM) & ANR.

Petitioner

UNION OF INDIA & ANR.

Respondent

Procedural Posture

Writ Petition (criminal) No.129 of 2012 / Listed for Further Proceedings After Interim Orders and Directions

Legal Issues

  1. 1 Whether writ petition alleging extra-judicial executions and gross human rights violations is maintainable under Article 32 of the Constitution
  2. 2 Whether allegations of use of excessive force by security forces in Manipur require judicial or independent inquiry
  3. 3 What is the scope of deployment of armed forces under the Constitution, especially under AFSPA

Ratio Decidendi

Writ petition maintainable under Article 32 for gross human rights violations by state actors; allegations of extra-judicial executions must be enquired into by judicial or independent agencies; excessive or retaliatory force by state agencies is impermissible; the Constitution permits deployment of armed forces as aid to civil power but not as replacement; proceedings against alleged offenders in security forces may be instituted in criminal court subject to requisite procedure; effective inquiry mechanisms and remedies for victims are essential.

Court Disposition

Interim directions issued; writ petition maintainable; matter listed for further proceedings.

Orders

  • Directed representative of petitioners and Amicus to prepare tabular statement for 62 documented cases indicating details of inquiry and complaints filed; identical exercise for remaining cases agreed.
  • Requested NHRC to assist Amicus and representative in compiling information for all cases.