prayers in writ petiton regarding encounters
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1255 OF 1999
Peoples Union for Civil Liberties & Anr. ... Appellants
Versus
State of Maharashtra & Ors. ... Respondents
WITH
CRIMINAL APPEAL NO.1256 OF 1999
CRIMINAL APPEAL NO.1367 OF 1999
WRIT PETITION (C) NO.316 OF 2008
CONTEMPT PETITION (C) No.47 OF 2011
IN
WRIT PETITION (C) NO.316 OF 2008
TRANSFERRED CASE (C) NO.27 OF 2011
O R D E R
R.M. LODHA, CJI.
In the three writ petitions, which were filed by Peoples 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 Penal
Code and other relevant enactments;
iii) directing the 4th respondent viz., the Coroner of
Mumbai to submit a detailed report and the details of action
taken by him under the provisions of the Coroners Act 1871;
iv) directing an appropriate authority to enquire into and
report to this Court in all the police encounters that have
taken place not only in the city of Mumbai but also in the
entire State of Maharashtra in which persons have been
killed or injured in police encounters;
v) directing the State of Maharashtra to constitute the
Maharashtra State Human Rights Commission as provided
under Section 21 and other provisions contained in the
Human Rights Act 1993,
vi) directing the State Government to frame appropriate
guidelines governing planning and carrying out encounters
for the purpose of protection of life and liberty guaranteed