MADAN B.LOKUR, UDAY UMESH LALIT
Extra Judl. Exec. Victim Families Assn. – Appellant
Versus
Union of India – Respondent
JUDGMENT
Madan B. Lokur, J.
1. In the present petitions, the allegation was that 1528 persons had been killed in fake encounters by police personnel and personnel in uniform of the armed forces of the Union. By our judgment and order dated 8th July, 2016, (2016) 14 SCC 578 (2) we respectfully followed the view laid down by a Constitution Bench of this Court in Naga People’s Movement of Human Rights v. Union of India, (1998) 2 SCC 109. The Constitution Bench held that an allegation of use of excessive force or retaliatory force by uniformed personnel resulting in the death of any person necessitates a thorough enquiry into the incident. We were of opinion that even the ‘Dos and Don’ts’ and the ‘Ten Commandments’ of the Chief of Army Staff believe in this ethos and accept this principle. However, after considering the submissions at law, we found that the documentation was inadequate to immediately order any inquiry into the allegations made by the petitioners and therefore directed them to complete the documentation indicating whether the allegations were based on any judicial e
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