Only an independent investigation by a Special Investigation Team (SIT) will lend credibility to the proceedings in the "extra-judicial killings by the security forces" in Manipur, said a report filed by Amicus Curiae Menaka Guruswamy to the Supreme Court on Tuesday.
Making a strong case for a trial by a special court constituted by the SC, it pointed out the "delayed justice" and "gross misuse" of the Armed Forces Special Powers Act (AFSPA) in the state.
Guruswamy's report is highly significant because, if implemented, it will be the first time that senior police officers will investigate excesses of the armed forces in any part of the country.
Guruswamy's report, compiled from the proceedings of 265 cases of extra-judicial killings in Manipur, looked at evidence from high court judgments, judicial inquiries, and NHRC reports, noting that monetary compensation in several cases signified the state's apathy and ensured that the killings continued unabated. Guruswamy added that Manipur submitted 18 reports in all, including 11 Judicial Inquiry Reports (JIR) and seven Commission of Inquiry Reports (CIR).
Guruswamy added that this was symptomatic of the "state's disinterest, the impunity enjoyed by the Armed Forces". "It seems that the Constitution has not reached Manipur," she said.
"Do you have alleged rapists in uniform?," a bench comprising of Madan B Lokur and UU Lalit asked while slamming the Army. Picking holes in the state government's commission of inquiry, in the case of 1,528 fake encounters, the apex court said Manipur was creating a fictional stonewall by not probing Army personnel for allegedly raping a 13-year-old who later committed suicide.
"The girl was definitely subjected to rape, medical reports confirm that. Did you close the case because you didn't get any help from army? Is it your helplessness or a tacit understanding with army to not to proceed?" the bench said concurring with Guruswamy,
The case of the 13-year-old who committed suicide hours after being allegedly raped by Army men, was one of the three cases of the hundreds, which Guruswamy said was not properly investigated by the state or the Armed forces. On October 4, 2003 the 13-year-old was picked up by Army men and brutalised following which she committed suicide hours later. Another case was the landmark case of Manorama Devi, who was picked up from her house in Imphal on the night of July 10, 2004 and sexually assaulted. The next day her body was found with bullet wounds to her genitalia, prompting Irom Sharmila to embark on her 16-year-long historic hunger strike, and leading a group of women to strip in front of the Army headquarters in Imphal in protest.
Lawyer-activist Babloo Loitongbam, associated with this case, said the court's proceedings clearly indicated inadequacies in the cases. "The court's difficult questions about the Army's excesses in Manipur drew a blank from the state," he said.
The apex court was hearing a petition filed by the Extra-Judicial Execution Victims Families Association (EVAM), comprising of wives and mothers of people allegedly killed in fake encounters by security forces in Manipur.
EVAM alleged 1,528 encounters took place in the last few decades. In its 2016 judgment, the SC held that armed forces cannot use excessive force even in areas under Armed Forces Special Powers Act (AFSPA).
After the SC rejected the first curative petition, the Home Ministry filed another one last week challenging the SC judgment.
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