Summary
The Supreme Court refused recusal from proceedings connected with its monitoring of investigations into alleged extrajudicial killings in Manipur. Apprehensions based on reported oral observations were unfounded where the SIT’s fairness was undisputed and trial courts retained independent control. Continuing mandamus ensured lawful, independent investigation rather than interference with its outcome. The Court clarified that the observations must not compromise investigative or judicial independence; only the recusal applications were dismissed.
Issues
- Whether reported oral observations justified recusal at the continuing-mandamus stage.
- Whether investigative monitoring threatened the independence of the SIT or trial courts.
Held
- The present decision concerned the recusal applications, not maintainability or final relief in the underlying writ petitions. The monitoring concerned implementation of earlier substantive orders. (¶¶ 12, 19, 20, 21)
- No party disputed the SIT’s integrity, capability or fairness. Continuing mandamus was intended to prevent pressure and unjustified deviation from lawful investigation, not dictate investigative outcomes. (¶¶ 20, 22, 23, 24, 25)
- Once a final report or chargesheet is filed, the competent court controls the proceedings independently. Monitoring does not justify interference with that judicial process; exceptional unlawful interference must be addressed on its particular facts. (¶¶ 26, 27)
- The claimed influence on investigators and demoralisation of security forces supplied no substantiated basis for recusal. Reported observations were expressly not to be construed as compromising the SIT’s or judges’ independence, integrity and fairness. (¶¶ 29, 30, 31, 32)
- The recusal applications were dismissed. The writ petitions were separately directed to be listed for preliminary hearing, rather than finally disposed of. (¶ 33)
Result
Recusal applications dismissed. Writ petitions to be listed for preliminary hearing on 26 November 2018; continuing mandamus to proceed with investigative and judicial independence preserved.