Extra Judicial Execution Victim And Anr. vs Union Of India And Ors

We have seen the Status Report No.4 filed by the Central Bureau of Investigation (CBI). The report is dated 13th April, 2018 and it has been seen and approved by the Director, CBI.

We find that between the last date of hearing and today considerable progress seems to have been made in lodging of FIR and in the investigations.

We have been informed that the officers of the National Human Rights Commission (NHRC) have been assisting the Special Investigating Team (SIT) in respect of the FIRs with respect to Table No.3.

On our asking, Ms. Shobha, learned counsel appearing for NHRC has assured us that the assistance of these officers will also be made available in respect of the FIRs relating to Table No.2 (Judicial Inquiry and High Court Cases).

She has, however, expressed the view that there is a shortage of staff with NHRC and there is already a recommendation pending for augmenting the staff. We require the Ministry of Home Affairs to look into the matter earnestly and quickly to augment the staff of NHRC.

Learned Additional Solicitor General will convey the above to the Ministry of Home Affairs so that needful is done.

We find that one of the impediments that seems to be slowing down the pace of investigations is the time taken by the Central Forensic Science Laboratory(CFSL).

Since many of these cases are quite old and deal with serious human rights violations, we would require the CFSL to look into the matter with expedition to ensure that there is no impediment caused in this regard.

We require the presence of the Director of CFSL in the Court on the next date of hearing so that he can advise us how best the investigations can be carried forward through the CFSL.

We also find that in some of the instances pointed out by learned amicus curiae that the accused persons or the persons who were directly involved in the incident or at least the persons who were commanding the Units which were involved in the incident have been named. She submits that in spite of this, the names of these persons have not been shown as accused persons in the FIRs that have been filed.

In this context, it is open to the SIT to file a supplementary FIR giving the names of the personnel involved. The officers of the NHRC will certainly assist in this process.

In the Status Report at Paragraph 8.3 and Paragraph 8.10, it has been pointed out that the Gauhati High Court has dismissed the writ petitions. In view of this, no further steps be taken in this regard.

As far as FIRs registered against the victims in these two cases, we have been assured that the FIRs will be cancelled.

It has been pointed out by learned Additional Solicitor General that there are a few cases where records are not forthcoming from the Manipur High Court.

Notice be issued to the Registrar General of the Manipur High Court to assist us in the matter and, if necessary, he can take the assistance of the Registrar General of the Gauhati High Court as well.

It has been pointed out that there is some difficulty in understanding the local language/dialect. SIT may approach the Manipur University for assistance, in case further assistance is not available from the State of Manipur.

List the matter on 11th May, 2018 at 2.00 p.m.