EXTRA JUDL. EXEC. VICTIM FAMILIES ASSN. & ANR. versus UNION OF INDIA & ORS.

EXTRA JUDL. EXEC. VICTIM FAMILIES ASSN. & ANR. versus UNION OF INDIA & ORS.

Fake encounter killings, even if of considerable vintage, must be investigated thoroughly, and maintainability of the writ petition by third parties is upheld given constitutional obligations to provide access to justice; compensation paid to victims' families cannot bar criminal investigation. NHRC guidelines must be enforced and Central and State Governments are directed to facilitate their functioning; an independent Special Investigating Team under CBI is to probe these deaths with no involvement of Manipur Police.

Parties
Petitioner: Extra Judicial Execution Victim Families Association & Anr.; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
14 July 2017
Procedural Posture
Writ Petition (criminal) / Judgment on Maintainability, Directions on Investigation, Adjourned for Compliance
Outcome
Matter adjourned; investigation directed; maintainability of petition affirmed.
Legal Topics
Fake Encounter Killings, Extra Judicial Executions, Access to Justice, Compensation, Public Interest Litigation, Delay/laches, Enforcement of NHRC Orders, Establishment of State Human Rights Commissions
Constitutional Law Criminal Law Human Rights Law Fake Encounter Killings Extra Judicial Executions Access to Justice Compensation Public Interest Litigation +3 more

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Parties

Extra Judicial Execution Victim Families Association & Anr.

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (criminal) / Judgment on Maintainability, Directions on Investigation, Adjourned for Compliance

Legal Issues

  1. 1 Maintainability of public interest petitions by third parties in fake encounter killings
  2. 2 Whether payment of compensation precludes further investigation
  3. 3 Obligation to investigate fake encounter killings despite lapse of time

Ratio Decidendi

Fake encounter killings, even if of considerable vintage, must be investigated thoroughly, and maintainability of the writ petition by third parties is upheld given constitutional obligations to provide access to justice; compensation paid to victims' families cannot bar criminal investigation. NHRC guidelines must be enforced and Central and State Governments are directed to facilitate their functioning; an independent Special Investigating Team under CBI is to probe these deaths with no involvement of Manipur Police.

Court Disposition

Matter adjourned; investigation directed; maintainability of petition affirmed.

Orders

  • Director of CBI to nominate and inform Court of composition of Special Investigating Team within two weeks.
  • Special Investigating Team to investigate cases mentioned, lodge FIRs and complete investigations by 31 December 2017, preparing charge sheets where necessary.