MADAN B.LOKUR,J. - (1.) In the present petitions, the allegation was that 1528 persons had been killed in fake encounters by police personnel and personnel in uniform of the armed forces of the Union. By our judgment and order dated 8th July, 2016, (2016) 14 SCC 578 (2) we respectfully followed the view laid down by a Constitution Bench of this Court in Naga People's Movement of Human Rights v. Union of India, (1998) 2 SCC 109. The Constitution Bench held that an allegation of use of excessive force or retaliatory force by uniformed personnel resulting in the death of any person necessitates a thorough enquiry into the incident. We were of opinion that even the 'Dos and Don'ts' and the 'Ten Commandments' of the Chief of Army Staff believe in this ethos and accept this principle. However, after considering the submissions at law, we found that the documentation was inadequate to immediately order any inquiry into the allegations made by the petitioners and therefore directed them to complete the documentation indicating whether the allegations were based on any judicial enquiry or an enquiry conducted by the National Human Rights Commission or an enquiry conducted under the Commissions of Inquiry Act, 1952.
(2.) A tabular statement has since been filed by learned counsel for the petitioners and this statement has been accepted by learned Amicus and no objection was raised by the Union of India or by the State of Manipur. We therefore proceed on the basis of the tabular statement before us.
(3.) The petitioners have been able to gather information with regard to 655 deaths out of 1528 alleged in the writ petitions. The break-up is as follows: Sl. No. PARTICULAR NO. of cases 1. Commission of Inquiry cases 35 2. Judicial Inquiry and High Court cases 37 3. NHRC cases 23 4. Cases with written complaint 170 5. Cases with oral complaint 78 6. Cases with eye witnesses 134 7. Family claimed cases 178 Total number 655 ;