A bench led by Justice Madan B Lokur upheld the court’s power to entertain and deliver justice under Article 32 of the Constitution in a plea made by the families of civilians killed in over 1,528 cases of alleged fake encounters in Manipur.
The court said it is open to the army conducting its own inquiries into alleged fake encounters.
The agency to conduct an investigation will be decided after the court receives a collated data of all the cases from advocate Menaka Guruswamy, who is assisting the court in the case.
Guruswamy has to prepare a data of 62 cases that were earlier inquired into by the National Human Rights Commission (NHRC) and a court-appointed committee.
Activist Irom Sharmila oneindia
Afspa grants special powers to the armed forces to arrest, conduct searches and seizures and also provides immunity from prosecution to members of the armed forces.
“The army is only discharging its sovereign function of defending the country from external aggression and terrorist attacks, it cannot be blamed if some people are killed. The killings are part of the sovereign function discharged by the Union of India through the army,” Rohatgi said.