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R. M. LODHA, ROHINTON FALI NARIMAN
People’s Union for Civil Liberties – Appellant
Versus
State of Maharashtra – Respondent
ORDER
R.M. LODHA, CJI.
On 03.09.2014, the arguments were heard on the question of the procedure to be followed in investigating police encounters. The present order is confined to the above question.
2. In the three writ petitions, which were filed by People’s Union for Civil Liberties (for short, “PUCL”) before the Bombay High Court, the issue of genuineness or otherwise of nearly 99 encounters between the Mumbai police and the alleged criminals resulting in death of about 135 persons between 1995 and 1997 was raised. Inter alia, the following prayers were made:
i) directing the Respondent Nos. 1 to 3 to furnish the particulars regarding the number of persons killed in last one year in police encounters, their names, addresses, the circumstances in which they were killed, the inquiries, if any, conducted with respect to the said killings and any other relevant information and the action taken, if any, by them;
ii) directing the respondent No. 1 i.e. State of Maharashtra to register offence under Section 302 of Indian Penal Code and other enactments against the police officers found prima-facie responsible for the violations of fundamental rights and other provisions of the Indian P
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