In Brief
The Supreme Court held that a writ petition by families alleging 1,528 extra-judicial executions and fake encounters by Manipur Police and armed forces is maintainable under Article 32. The Court rejected arguments that Manipur faces a war-like situation, finding only an internal disturbance. A person carrying prohibited weapons is not ipso facto an 'enemy' requiring investigation in each case. Excessive or retaliatory force causing death must be thoroughly inquired into. Criminal courts have concurrent jurisdiction with Court Martial to try armed forces members. Magisterial inquiries are inadequate; judicial inquiries are necessary. The matter was remanded for further proceedings with directions to compile accurate data on 62 documented cases and exercise similar scrutiny on remaining 1,466 cases.
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