NEW DELHI, May 8:

The Supreme Court today dis-missed Gujarat Government's pleaseeking uniform guidelines fordealing with cases of encounter

killings, saying there cannot besuch an advisory in a federal struc-ture.

"Guidelines or advisory ofsuch nature are not enforceable," abench comprising Chief Justice R

M Lodha and justices M B Lokurand Kurian Joseph said.

The decision came two yearsafter the apex court said it willlook into the State Government'splea for laying down uniformguidelines for dealing with casesof encounter killings.

"We dismiss the petition asthere is no ground for this court tointerfere," the bench said, whileobserving that "the matterinvolves federal power and this isa state subject".

"Who will agree on uniformpolicy. Every state has its ownpeculiarity," the bench said andnoted that many states are notagreeable to the suggestion.

Gujarat Government's counselsubmitted that notices were issuedtwo years ago in the case whichhas been pending for furtherorders.

Gujarat Government in 2012had filed the PIL for independentprobe into all cases of allegedkillings by police in past 10 yearsin the country and had soughtdirection to deal with all cases offake encounters in a uniform man-ner.

Gujarat Government allegedthat some vested interest groupsare selectively targeting its policeforce over the encounter killings.

The petition had said theGujarat Government was seeking"an appropriate direction from thiscourt to deal with all cases of fakeencounters in the country in uni-form manner which would ensurethat while human rights are pro-tected, police force of terrorism-prone Gujarat is not left demor-alised on the ground that somevested interest groups are selec-tively targeting the police force ofonly one state."

The petition had sought adirection to all state Governmentsand Union Territories to evolveand formulate a uniform nation-wide policy providing for an inde-pendent agency like "monitoringauthority / special task force" cre-ated by the Gujarat Government toprobe into all cases of alleged fakeencounters.

The petition had said such astep is necessary so as to ensurethat on one hand extra-judicialkillings under the garb of fakeencounters would stop and hon-est police officers, dischargingtheir duties against terroristorganisations / organised crimi-nals, too are not left demor-alised and working under thethreat of possibility of motivat-ed allegations against them.

The monitoring authorityshould further be directed toplace its probe report before theapex court, the petition hadsaid.

In its plea, the GujaratGovernment had said the apexcourt needs to undertake anexercise to examine the factualscenario in the entire country soas to avoid any different treat-ment to one particular state inwhich the number of encounterdeaths are minimum.

The Gujarat Governmentprovided a detailed data aboutthe terrorist-prone areas in thecountry and said terrorism hasalready taken a toll on lives ofapproximately 72,000 civiliansand 12,000 security personnel.

The bench, which is seizedof other petitions relating to thefake encounters between 2002-06 in Gujarat, had given libertyto the state Government to filea separate petition on the issuewhen it had complained thatonly the Narendra ModiGovernment is being singledout for encounter killings.(PTI)

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