‘Firing along LoC can’t be probed by NHRC’

The National Human Rights Commission (NHRC) cannot be given powers to investigate alleged excesses committed by armed forces in areas of “Line of Control” (LoC) whether it is in Manipur, J&K or other militant affected areas of the country, attorney-general Mukul Rohatgi asserted in the Supreme Court on Wednesday.

Making his submission before a bench of Justices Madan B. Lokur and Uday Lalit hearing a petition on extra judicial encounters in Manipur, the A-G said that since the NHRC is only a recommendatory body, even the Supreme Court cannot “transplant” any powers on the NHRC to probe such incidents. He said vesting such power will amount to “judicial legislation” and will have a “deleterious” effect on the Army fighting against odds in the difficult terrain. The A-G said that only a court of inquiry can be ordered. He said, “The Central government has the right to conduct a court of inquiry to determine the truth. Otherwise, it will lead to a serious situation. People who have died, or retired can’t have retrospective prosecution, say from 1987. How can you have cross examination of such people ”

When Justice Lokur observed, “We are not talking about LoC. Encounters have taken place in the heart of Imphal. Somebody comes and fires at somebody,” the AG responded by saying that it would be judicially improper to determine whether an encounter in an insurgent-affected area was genuine or not. Justice Lokur told the A-G, “The argument cannot be justified because somebody comes to rob a person and the person who is to be robbed cannot just be shot dead.” The A-G said “The NHRC can only make recommendations to the government. The Central government has a right to not accept, but has to table it in Parliament.”