Human Rights Law Network


PILs & Cases

Court directs CBI to ‘take all necessary steps to trace Najeeb’ #FindNajeeb

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Nearly a year after his disappearance from the JNU campus, Najeeb Ahmed remains missing. October 15
will mark a whole year since the first year M.Sc student disappeared from his hostel after an alleged
altercation with students from the Akhil Bharatiya Vidyarthi Parishad (ABVP), an RSS-affiliated student
organisation.
After initial police investigations yielded no results, last November, his mother Fatima Nafees filed a
petition in the Delhi high court to trace her son’s whereabouts. In the most recent hearing of the case
on September 6, the CBI council informed the court that they have investigated 26 people – college
officials, Najeeb’s friends and colleagues and his alleged assaulters. The agency has also, thus far,
examined documents seized from JNU officials, identified 500 bodies from 12 cities and analysed travel
tickets over the past year.
In response, the court directed the CBI to ‘take all necessary steps to trace Najeeb’. At the behest of the
petitioner’s counsel, it also asked the agency to hand over a copy of its report to Fatima Nafees.
Watch this space for more updates on the case as it unfolds.

 

Naga People's Movement of Human Rights vs Union of India

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Note: Colin Gonsalves ceased to be a Director of the Human Rights Law Network (SLIC) a long time ago. However, our founder continues to inspire us and he is closely related to HRLN on pro bono litigation. He argues PIL's as a Senior Counsel at The Supreme Court of India and trains young lawyers in human rights litigation. Colin Gonsalves appeared in this matter in his personal capacity as a Senior Counsel at The Supreme Court of India.

The Social Justice Bench in Supreme Court comprising of Justice Madan B. Lokur  and Justice Uday Umesh Lalit on the 14th July 2017 passed a landmark judgement for the victims of fake encounter Killings of 1528 victims by police personnel and personnel in uniforms of the armed forces of the Union in the 'Extra Judicial Execution of Victim Families Association versus Union of India' This Judgement respectfully followed and up held the view of the Constitutional Bench in 'Naga People's Movement of Human Rights vs Union of India' that an allegation of excess force or retaliatory form by the uniformed personnel resulting in death necessitates a thorough enquiry into the incident.

At the first instance of this case, the Hon'ble Court was of the opinion that the documentation filed was inadequate and lacking to order an inquiry therefore directed that these documents should be completed indicating if they were based on Judicial enquiry or enquiry conducted by the National Human Rights Commission or an enquiry made as per the Commissions of Inquiry Act 1952.

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Extra Judicial Killings in Manipur, Supreme Court of India (W.P. (CRL.) 129 OF 2012

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Extra Judicial Killings in Manipur, Supreme Court of India (W.P. (CRL.) 129 OF 2012

Extra Judicial Execution Victim Families Association (EEVFAM) & Anr. Versus Union of India & Anr.

The Supreme Court in the matter dealing with extra judicial killings in Manipur gave a significant judgment. The judgment is the partial verdict in a petition challenging the alleged “fake encounters” in Manipur by Manipur police, and the armed security forces. The matter being fought by Human Rights Law Network and Human Rights Alert; prays for a CBI enquiry into these alleged fake encounters.

The court in the judgment terming the matter “maintainable” in the court asked the petitioners and amicus curiae Menaka Guruswamy to collate the information regarding 62 cases of alleged fake encounters in Manipur and submit it before the Bench in a simple tabulated form. The information should comprise details of whether any FIR was filed in a case, the identity of the victim, whether a judicial enquiry was ever conducted or whether there was an enquiry under the Commission of Enquiry Act, etc. The court directed the National Human Rights Commission to render assistance to this exercise. Besides this the court in its judgment has recognised that the use of excessive force by the armed personnel is not permissible.

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High Court of Manipur has ordered to Pay Rs 5 lakh as compensation to the BSF firing victim

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Smt. Ningthoujam Ongbi Sunibala Devi versus Union of India & 3 others

(W.P. (C) No 75 of 2008)

In a judgment delivered by a division bench comprising of the Hon'ble Chief Justice Laxmi Kanta Mohapatra and Hon'ble Mr. justice Kh. Nobin Singh of the Hon’ble High Court of Manipur at Imphal on 22nd January 2015 in the case of Smt. Ningthoujam Ongbi Sunibala Devi –versus- Union of India & 3 others (W.P. (C) No 75 of 2008), the Hon’ble High Court ordered for the payment of Rs. 5 Lakhs as compensation to the petitioner, Smt. Ningthoujam Ongbi Sunibala Devi, whereby the compensation is to be paid by the Union of India and authority of Border Security Force (BSF).

According to case dossier, on 1st February 2007 there was a Thabal Chongba programme at the Nongpok Sekmai Lila Kambong Playground, Thoubal District. At around 8 p.m. some personnel of 172 Bn. BSF came in an armored vehicle at the said playground. At around 9.30 p.m. when the Thabal Chongba programme was in full swing, some armed assailants fired few rounds upon the said personnel of 172 Bn. BSF, as a result one of the BSF personnel who received bullet injury on his leg felt down from the armored vehicle. When the assailants immediately left the place, the BSF personnel started firing indiscriminately towards the crowds at the playground and as such two person namely Yambem Kala Singh and W. Bikram Singh sustained bullet injuries. Thereafter the BSF personnel left the place.

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High Court at Nagpur orders government to give10 lakhs compensation to heirs of the deceased persons

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Public Interest Litigation No. 80/2013

D.N. Waghmare v. The Chief Secretary, State of Maharashtra and Ors

The Hon’ble High Court of Judicature at Bombay, Nagpur Bench has directed the State Government to pay compensation as the Government Resolution dated 24.8.2004 and 1.12.2008 to the legal heirs of deceased who lost their lives on 9.5.2012 in Kalamna. In the said incident, the residents of Kalamna locality, treating four young persons from Jalgaon(Jamod), District Buldana to be thieves had assaulted them in a brutal manner thereby causing death of three persons named Hasan D. Solanki, Supada M. Nagnath and, Punjabrao B. Shinde. The fourth person namely Punjab Laxman Solanki fortunately survived in the incident. Although the reliefs including an independent enquiry with regard to role of the Police Authorities in not protecting the said persons and providing of jobs etc. to their legal heirs have been claimed in the petition filed by Human RightsLaw Network, the court considered the petition on the limited aspect of right of the legal heirs of the deceased persons in reference to the Government Resolutions dated 24.8.2004 and 1.12.2008.

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Human Rights Law Network (HRLN) is a division of the Socio-Legal Information Centre (SLIC). SLIC is a non-profit legal aid and educational organization, registered under the Registration of Societies Act, 1860, Indian Public Trust Act, 1950 and the Foreign Contributions (Regulation) Act, 1976.

HRLN is a division of the Socio-Legal Information Centre (SLIC). SLIC is a non-profit legal aid and educational organization, registered under the Registration of Societies Act, 1860, Indian Public Trust Act, 1950 and the Foreign Contributions (Regulation) Act, 1976.