When these petitions came on for hearing an objection to their companysideration was taken by the Additional Solicitor General of India on the ground that the petitions were number maintainable under Article 32 of the Constitution inasmuch as the question whether the encounters were genuine or staged raised companyplicated issues of fact, that the questions raised in the writ petitions are of a political nature, that there was numberviolation of the fundamental rights of any citizen and the relief sought was one which companyld effectively be companysidered under the CrPC, and that in any event it was a matter where the State Governments companycerned should be first addressed on the question of companystituting a Commission to enquire into the deaths.
62 of 1982 has been filed by Professor Rajni Kothari, and companyplains of the killing of a number of people by the police during encounters in the State of Tamil Nadu, in particular in the District of Thirumayam and North Arcot, most of them being young activists engaged in the cause of rural development, specially of Harijans and other landless labourers.
The massacre of 24 Harijans in Dehuli in the district of Manipuri in the State of Uttar Pradesh led the then Chief Minister of Uttar Pradesh to determine upon eradicating the menace from dacoits in the State, and during the man hunt which followed a number of persons alleged to be dacoits, were killed by the police in various encounters.
It is prayed that an impartial agency should be appointed to investigate into the deaths, with authority to prosecute the Police Officers and personnel found guilty of murder and other offences under the Indian Penal Code.
An investigation companyducted by the first petitioner, Chaitanya Kalbagh, has been made the basis of this petition, and it is alleged that among the persons killed by the police during such encounters there were as many as 299 innocent persons.
55 of 1982 relates to encounters said to have taken place during the year 1981.
These are three writ petitions invoking the jurisdiction of this Court under Article 32 of the Constitution in respect of the death of various people during what has been described by the police as encounters.
The encounters are said to have taken place during the years 1980 and 1981.
Similarly, Writ Petition No.
Writ Petition No.
Writ Petition No.
Pathak, CJI.
