The Supreme Court Bench of Justices Madan B. Lokur and U.U. Lalit on Monday refused to withdraw from monitoring the CBI probe into the Manipur ‘fake’ encounter deaths, saying the plea made by serving and retired Army officers does not show any material to back their claim — that there is a perception of judicial bias caused by certain oral comments made by the judges in a hearing. In a detailed judgment, the Supreme Court Bench declined to recuse on the basis of an application made by some Army officers, supported fully by the Centre. The court said the oral observations were not intended to compromise the independence of the CBI probe. They had claimed that certain oral remarks made by the Bench in an earlier hearing, reported widely in the media, questioning the non-arrest of accused persons, spooked the Army personnel operating in Manipur. Appearing for the officers, senior advocate Mukul Rohatgi had said there was a “genuine apprehension in the minds of the soldiers.” Their morale was affected by the reported comments of the court. They were afraid the comments would affect their trial later on, he said. Attorney-General K.K. Venugopal had submitted that the “Government of India supports this petition.” He submitted that fighting conditions of Armed Forces in Manipur were tough. “More number of soldiers are killed than insurgents,” Mr. Venugopal had submitted. Comments like these “completely affects the morale of the officers.” But the court’s amicus curiae in the case, advocate Menaka Guruswamy, and senior advocate Colin Gonsalves, appearing for some of the victim bodies, had both assured the Bench that the plea was merely an attempt to “overawe” the court. The Bench had reserved the pleas made by the officers for orders. The controversy was about a July 30 hearing in which the Supreme Court had questioned the CBI for filing two chargesheets against 14 persons, charging them of murder of innocent civilians, criminal conspiracy and tampering of evidence in the Manipur ‘fake’ encounter deaths, without bothering to arrest them. The lawyers from both sides read out The Hindu report quoting Justice Lokur’s comment to CBI Director Alok Kumar Verma during the July 30 hearing. Justice Lokur, it is quoted in the news report, had said “so there are 14 persons, who according to you are murderers, roaming around in Manipur on the streets of Imphal?” Mr. Rohatgi had submitted that the oral comments have created a “perception of bias.”
