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Nationalism not a monopoly of state, says apex court
Friday January 04, 2013 09:24:17 PM,
IANS
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New Delhi: The Supreme
Court Friday said that nationalism was not the monopoly of the
state and it could not point fingers at those who question the
conduct of its counter- insurgency operations in Manipur.
"Nationalism is not a monopoly of the state. Simply because you
represent the state, you don't have the authority to impute
motives on others questioning your actions," said an apex court
bench of Justice Aftab Alam and Justice Ranjana Prakash Desai.
The court's observation came when senior counsel Ranjit Kumar,
appearing for the Manipur government, asked the petitioner
association whether it opposed the demand for the cessation of
Manipur from India.
The court is hearing a petition by Manipur-based Extra Judicial
Execution Victim Families Association seeking a probe by a special
investigation team into extra-judicial killings of youths in the
state by the army and other security forces.
Asking if the petitioner families should establish their
credentials as nationalists, the court said, "These are the
allegations that drive people to anti-national activities."
Justice Desai told Ranjit Kumar, "You talk about insurgency but
don't point fingers at them."
Making it clear that the court was aggrieved about the loss of
life be it thatxzxzx of security man or police personnel or a
common man on street, Justice Alam noted that though India had
lost a prime minister (Indira Gandhi) and a former prime minister
(Rajiv Gandhi) in terror attacks, the attackers were not lynched.
Referring to the "horrendous" 26/11 Mumbai terror attack, Justice
Alam asked: "Do we lynch them (the terrorists responsible)?"
"So long we are here and have rule of law, no one can be shot in
an unlawful manner," he added.
Even as the court took exception to senior counsel questioning the
credentials of the petitioner association, Justice Alam indicated
that court may set up an inquiry committee comprising former apex
court judge, Justice Santosh Hegde, former chief election
commissioner J.M.Lyngdoh and a senior ranking police officer to
inquire into five cases of alleged extra-judicial killings.
The court said it would pass formal order on setting up the
inquiry committee only after taking consent of Justice Hegde and
Lyngdoh, and observed that it could not find better persons than
Justice Hegde and Lyngdoh to conduct the inquiry.
Having indicated what it intended to do, the court said that it
would not go as far as accepting the prayer of setting up an SIT
to probe the alleged cases of extra-judicial killings by the
security forces.
Earlier, appearing for the petitioner association, senior counsel
Colin Gonsalves said that reports of the magisterial inquiry into
the incidents of encounter were "stereotypes" where neither the
victims' family members nor security personnel appeared to tender
evidence.
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