New Delhi, September 7: Regarding enquiries into 1528 cases of alleged extra- judicial killings in Manipur, Rohatgi said over 300 cases were unidentified. While probe will be done in all cases, the truth into alleged human rights violation claims can be found through criminal trials, he said.
Whether it is Jammu and Kashmir or the Northeast, the alleged human rights violations by Army or paramilitary forces can be looked into by National Human Rights Commission (NHRC) which will give its report to Centre to be tabled in Parliament.
"Centre is answerable to Parliament and the court on this issue but NHRC recommendations on armed forces cannot be made mandatory and it is only recommendary in nature," Rohatgi said adding that if the government decides to accept or not, it has to given reasons for doing so.To this, Subramaniam said, if NHRC findings are treated as mere recommendations, the Centre will never act against erring armed forces personnel accused of human right violations.
"If there are abrogation of human rights, then accountability has to be fixed on the erring personnel. Here there is no accountability," the senior advocate said. He further said that NHRC had issued seven distinct guidelines on the procedures to be followed which have been sent to different state governments.
Subramaniam claimed that NHRC was "like a defunct body" which gets all the grants and when it moves against human rights violation, the pace of information is slow.
"Around 15 investigators are handling over 5000 cases. They are hard pressed. Directions should be passed for the commission to be suitably staffed," he said adding that everything cannot be left to CBI for investigation.
Rohatgi said he would deal with the sections of Human Rights Protection Act on the next date of hearing. He sought more time as the bench said there was a need to give a meaning to the expression "recommendation" as envisaged in the Act.
While Rohatgi was limiting the meaning of recommendation to award of compensation, the bench was of the view that it has to be determined whether the rights body had the power also to recommend prosecution or not.
Rohatgi submitted that it was not mandatory for the government to accept the recommendation by explaining that it can only place the report before Parliament for acceptance or rejection.
On July 8, the apex court had said the situation in Manipur has "never been one of war" and ordered a thorough probe into alleged fake encounter killings there, saying the use of "excessive or retaliatory force" by the armed forces was not permissible in 'disturbed areas' under the AFSPA.
The court had said "the public order situation in Manipur is, at best, an internal disturbance and there is no threat to the security of the country or a part thereof either by war or an external aggression or an armed rebellion".
