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2018 DIGILAW 954 (SC)

EXTRA JUDICIAL EXECUTION VICTIM v. UNION OF INDIA

2018-05-18

MADAN B.LOKUR, UDAY UMESH LALIT

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ORDER : 1. We have seen Status Report No.5 filed by the CBI. 2. This status report deals with Table II and Table III cases. 3. Mr. N. Ravi, the Director of CFSL is also present in the Court today pursuant to order dated 16.04.2018. He has assured us that the reconstruction of scene of crime will be done expeditiously. He says that the preparation of the report may take some time. We would like to ensure that the tasks pending with the CFSL are completed at the earliest. For this purpose, list the matter on 2nd July, 2018 for directions. 4. We have pointed out to the learned ASG that in the remarks column in the Status Report No.5 with regard to Table II and III, there are several entries concerning the non-supply of documents by the State Police and other agencies. 5. The learned ASG appearing for the CBI says that the SIT will give a list of documents to the Chief Secretary of the State of Manipur and also to the Director General of Police of the State of Manipur who will be personally responsible for ensuring that all documents are made available to the SIT or at least an explanation about which documents are not available and why they are not available. We would require this to be done in a time bound manner. 6. Accordingly, we direct Mr. Sharad Aggarwal, In charge of SIT to give the list within one week from today. We expect the Chief Secretary of the State of Manipur and the Director General of Police to respond to Mr. Sharad Aggarwal, In charge of SIT positively within three weeks thereafter. 7. On the basis of the material on record i.e. the report of the CFSL and documents and statement of witnesses, we expect the SIT to conclude the investigations by 30th June, 2018 in respect of cases pertaining to Table II and III and file the final report under Section 173, Cr.P.C. 8. We have also seen from Status Report No.5 that letters have been addressed by the SIT to the Ministry of Defence in some cases as far back as in February 2018 but the Ministry of Defence has not even bothered to respond to those letters. We have also seen from Status Report No.5 that letters have been addressed by the SIT to the Ministry of Defence in some cases as far back as in February 2018 but the Ministry of Defence has not even bothered to respond to those letters. The learned ASG says that he will take it up with the Ministry of Defence and will ensure that necessary cooperation is extended and letters will be responded with promptitude. We expect the Ministry of Defence to fully cooperate with the SIT. Submissions by the Registrar General, Manipur High Court. 9. It is stated that there are three cases under consideration. The records of one of the cases (Case reported as 1999 CrlLJ 3584 (i.e. Civil Rule (HC) No. 444 of 1997 was disposed on 19.05.1998) are available and that have been handed over in the Court today to Mr. Sharad Aggarwal, In Charge of SIT. With regard to second case (W.P. (C) NO. 1205/2005), it is stated that it does not pertain to the subject matter of fake encounter and with regard to the third case (W.P. (C) No. 114/1999), efforts are being made to trace out the case papers in consultation with learned counsel for the petitioner in that case. 10. Mr. Sharad Aggarwal, In Charge of SIT informs us that there are certain other documents required from the Manipur High Court particularly deposition of witnesses and judicial enquiry report. He should provide a list of these documents to the Registrar General of the Manipur High Court who will in turn ensure that all the documents are made available to Mr. Sharad Aggarwal, In charge of SIT and his team in a time bound manner. 11. List the matter on 2nd July, 2018 at 2.00 pm.