The Supreme Court today said it would next month hear two pleas filed by some Manipur Police personnel who have alleged that they would not get a fair trial in the alleged fake encounter cases in view of reported remarks of the top court branding them as "murderers".
These police personnel have claimed in their petitions that the apex court bench, hearing the alleged fake encounter killings by the army, Assam Rifles and the state police in Manipur, had reportedly remarked on July 30 that "murderers" were roaming freely in the state.
In one of the pleas filed by six commandos of Manipur Police, the petitioners have claimed that the CBI's special investigation team (SIT) appeared to have charge sheeted them in connection with alleged encounter cases on murder charges under the Indian Penal Code (IPC).
The court, which is hearing a PIL seeking a probe into as many as 1,528 cases of alleged extra-judicial killings in Manipur, had on July 14 last year constituted the SIT and ordered lodging of FIRs and investigating them.
This and another plea today came up for hearing before a bench of Justices Madan B Lokur, S Abdul Nazeer and Deepak Gupta, which said these would be heard by the bench which is seized of the matter related to alleged fake encounters in Manipur on September 4.
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The plea filed by the six commandos has alleged that their right to life and liberty was in danger as the apex court bench had called them "murderers".
The plea has claimed that the bench hearing the alleged fake encounter cases had on July 30 told the CBI Director, "According to you, there are 14 murderers in these cases and they are loafing around Manipur freely? You have not arrested any of them? What happens to the society? If somebody commits rape, what is there to recover? So you will allow him to roam free?"
The petitioners have said that such observations coming from highest court of the country was "unbecoming and it has created unprecedented situation in so far as life and liberty of the armed/police forces in general and the present petitioners in particular are concerned".
"Calling the members of the Armed Forces of the country and the police forces of the state 'murderers' and comparing them with rapists has dealt a serious blow to the morale of the forces and their families...," the plea said.
It has said that with "hostile neighbours around", the country can ill-afford to have a "demoralised, confused and low morale force that may imperil the very existence of the nation, its Constitution, the rule of law and fair and impartial administration of criminal justice system of the country".
The plea filed by the six petitioners has alleged that the reported observation by the bench has violated their rights and this issue should be referred to a constitution bench. They have further contended that during the pendency of their petition, the bench should not continue with the hearing in the case related to Manipur encounters.
These petitioners have also claimed that one of the judges hearing the Manipur case appeared to be "wholly and completely biased" against them and the matter should be heard by a different bench.
They have claimed that such observations by the top court would vitiate their case even before the competent court takes cognisance of the charge sheet filed by the SIT.
The apex court had on July 30 observed that cases of alleged fake encounters in Manipur by the Army, Assam Rifles and state police involved the issue of "life and death" of people and had asked the CBI's SIT to expeditiously complete its probe in these matter.
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