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The Center, on Friday, questioned the SC for its reported remark terming some Manipur Police personnel as ‘murderers’, charge-sheeted in alleged fake encounter cases, stating that it completely shook the moral of the armed forces and security men operating in the insurgency-hot areas as they were sacrificing their lives only to face the prospect of being awarded a death penalty. The government told a bench, comprising of Justices Madan B Lokur and Deepak Gupta, that they supported the applications filed by the Manipur Police personnel to seek recusal of the bench from hearing the Manipur fake encounters cases in which the CBI’s SIT is carrying out a probe.
The petitioners, however, challenged the government’s contention and termed it as an attempt to “overawe” the court, which shouldn’t recuse from hearing the said matter. The bench, which is hearing a PIL seeking a probe into as many as 1,528 cases of alleged extra-judicial killings in Manipur, had on 14thJuly, last year, constituted a CBI SIT and ordered lodging of FIRs and investigating them. Besides the policemen, over 300 army personnel also approached the apex court challenging the registered FIRs against them for operations in Manipur and Jammu and Kashmir, where the Armed Forces (Special Powers) Act (AFSPA) is in force.
Attorney General KK Venugopal questioned the prosecution of personnel from the police and the armed forces for conducting operations in the areas where the Armed Forces (Special Powers) Act is in force and told the bench that the Union of India is supporting the petition for recusal of bench.
Clearing the oral remark made by the bench, calling army personnel as murderers, as not being directed to particular individual and happened in the course of discussion with the CBI director. Senior lawyer Mukul Rohatgi, appearing for the petitioners, told the court that the chargesheeted persons had a genuine apprehension whether they’ll get a trial or not, as that remark affected the morale of Army and police personnel, and thus, they should not hear this case.
The bench, after hearing the submissions, reserved its order on the application seeking its recusal from hearing of the matter.
Mr. Venugopal, during his arguments, said that even after clarification, the army personnel will never be able to get rid of this thought and all they demand is for some other bench to hear the matter. To this, the bench observed that it is the CBI who is investigating without the interference of the court and whether the petitioners need another bench to monitor the investigation.
Senior advocate Colin Gonsalves, who is representing the petitioners in the main case,which is related to the alleged fake encounters in Manipur by Army, Assam Rifles and state police, asserted that the bench should not recuse from hearing the matter as it had not said that these accused were murderers and this is just an attempt to overawe the court.
Advocate Menaka Guruswamy, serving the court as amicus curiae in the main matter, also opposed the plea seeking recusal of the bench.
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