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SUHAS C.SEN, B.P.JEEVAN REDDY
People's Union for Civil Liberties – Appellant
Versus
Union of India – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Rajinder Sachhar, Sr. Advocate, Sanjay Parikh, Advocate.
For the Respondent No.1:Ashok K. Srivastava, Advocate.
For the Respondent No.2:Ms. S. Janani, Advocate.

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The case involves a writ petition filed under Article 32 of the Constitution of India by the People's Union for Civil Liberties, seeking a judicial inquiry into alleged extrajudicial killings, action against police officials involved, and compensation for the families of the deceased (!) (!) .

  2. The incident in question pertains to the alleged killing of two individuals in police custody, with reports indicating they were taken away in a truck and shot at a distant location. The court accepted the findings of an inquiry that confirmed these deaths occurred while the individuals were in police custody and not during a genuine encounter (!) (!) .

  3. The court emphasized that activity involving the seizure and killing of individuals outside the legal framework cannot be justified, even in disturbed or conflict-affected areas. It reaffirmed that extrajudicial activities like "administrative liquidation" are not permissible under the law (!) .

  4. The court recognized the importance of fundamental rights, particularly the right to life, and stated that such rights cannot be compromised or bypassed through claims of sovereign immunity or in the name of national security, especially when actions are taken outside the bounds of lawful procedures (!) (!) .

  5. It was held that compensation for violations of fundamental rights is a legitimate remedy, and the state is liable to pay damages for unlawful acts committed by public officials. The award of compensation is distinct from and in addition to other civil remedies and is based on principles of strict liability (!) (!) (!) .

  6. The court discussed the role of international conventions and treaties, noting that unless incorporated into domestic law by legislation, international covenants do not directly create enforceable rights. However, courts can consider these conventions as interpretative guides and may rely on them to develop the common law, provided they are not unilaterally incorporated without legislative backing (!) (!) (!) (!) .

  7. The court acknowledged that ratification of international treaties by the executive alone does not automatically make them part of domestic law. Nevertheless, such ratification can influence judicial interpretation, especially when legislation is ambiguous or silent on a matter (!) (!) .

  8. In terms of remedies, the court affirmed that monetary compensation is an effective means to redress violations of fundamental rights, and the state is liable to pay damages without the defense of sovereign immunity. The compensation aims to provide reparation rather than punishment (!) (!) (!) .

  9. The court directed the government to pay Rs 1,00,000 to each of the families of the deceased and to hand over the compensation within a specified timeframe. The petitioner was also awarded costs for their efforts in pursuing justice (!) (!) .

  10. Overall, the judgment underscores that extrajudicial killings and illegal activities by state officials violate constitutional rights and are not justified, regardless of the circumstances, and emphasizes the importance of lawful procedures and accountability in state actions (!) (!) .


JUDGMENT

B.P. Jeevan Reddy, J. -People's Union for Civil Liberties has filed this writ petition under Article 32 of the Constitution of India for issuance of a writ of mandamus or other appropriate order or direction (I) to institute a judicial inquiry into the fake encounter by Imphal police on April 3, 1991 in which two persons of Lunthilian village were killed, (2) to direct appropriate action to be taken against the erring police officials and (3) to award compensation to the members of the families of the deceased. According to the petitioner, there was in truth no encounter but it was a case where certain villagers were caught by the police during the night of April 3, 1991, taken in a truck to a distant place and two of them killed there. It is alleged that three other persons who were also caught and taken away along with two deceased persons were kept in police custody for a number of days and taken to Mizoram. They were released on bail only on July 22, 1991. It is further submitted that Hamar Peoples' Convention is a political party active in Mizoram. It is not an unlawful organization. Even according to the news released by the said organization, it was a case of delibe

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