NAGA PEOPLES' MOVEMENT FOR HUMAN RIGHTS Vs. UNION OF INDIA
HIGH COURT OF MANIPUR
Naga Peoples' Movement For Human Rights
UNION OF INDIA
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MV MURALIDARAN, J. -
(1.) The two cases are of the year 1991 filed before the then Gauhati High Court in relation to an infamous incident at Senapati
District code named operation "Blue Bird". This is the oldest case
pending before this Court after its inception in the year 2013. This case
has seen several Benches and has the dubious distinction of clocking 28
years. Hence, the counsel for petitioners was impressed time and again
to argue the case for final adjudication.
(2.) Heard Mr. M.Ibohal Singh and Mr.M.AjitKevin Singh, learned counsel for the petitioners. Also heard Mr. S.Nepolean, learned
Government Advocate for the State respondents and Mr.S.Suresh,
learned CGC for the Union respondents finally.
(3.) The prayers in CR No. 337 of 1991 are as quoted below.
"A. A writ of certiorari not be issued quashing the notification declaring Senapati District, which forms a part of the Hill Areas of Manipur, as disturbed under section 3 of the Armed forces (Special Powers) Act, 1958.
B. This Honble Court should not formulate guidelines to ensure the presence of Civil authorities at the time of combing operation carried out by the armed forces in purported exercise of powers given under the Armed Forces (Special Powers) Act, 1958 to check possible abuse of military power.
C. An appropriate writ, order or directions be not issued declaring section 6 of the Armed Forces (Special Powers) Act, 1958 as unconstitutional and void.
D. An appropriate writ, order or direction be not issued to the Respondents to pay exemplary damages to:-
(a) the families of the men tortured to death;
(b) to the women assaulted, raped or who suffered in any way;
(c) the house owners whose homes were dismantled or burnt down, or those forced to leave their villages;
(d) the men and minor boys who were severely tortured, beaten or illegally detained;
(e) the families whose grain, domestic animals or other goods were looted;
(f) people forced to give their labour;
E. The Registrar (Judicial) of this Honble Court be not directed to forward the papers or this case accompanied by a writ of mandamus to the Superintendent of Police, Senapati District, Manipur, to be treated as information of cognizable offences and to commence investigation as prescribed under the law as was done by the Honble Supreme Court in Sebastian Hongray V. Unions of India (A.I.R. 1984 S.C. 1026)." ;
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