Manipur encounters fake, says SC probe panel

NEW DELHI APRIL 5, 2013[TOI]--- A probe commissioned by the Supreme Court has held security forces guilty of killing seven persons, including a 12-year-old boy, in six fake encounters in Manipur during 2009-10 in what trains the spotlight once again on the misuse of the Armed Forces Special Powers Act (AFSPA).

Besides the minor, Mohd Azad Khan, a three-person investigation panel blamed security forces for the death of Khumbongmayum Orsonjit Singh, Nameirakpam Gobind Metei and Nameirakpam Nobo Meitei, Elangbam Kiranjit Singh, Chongthan Umakanta and Akoijam Priyobrata.

Shocked by the report, a bench of Justices Aftab Alam and Ranajana Desai said a major portion of the blame lay at the door of the Centre. "This is not the best way to integrate (north-eastern) people. It is the best way to alienate them," the judges added.

Court seeks response on fake encounters

They termed as distressing the contents of the report, compiled by retired Justice Santosh Hegde of the apex court, former CEC J M Lyngdoh and ex-Karnataka DGP Ajay Kumar Singh, and said security forces and police threw caution to the wind while following guidelines in conducting such "operations". They said the security forces have conducted raids and resorted to firing merely on the basis of source information without bothering to cross-check even once the authenticity of the 'source'.

It sought responses from the Centre, Manipur government and National Human Rights Commission (NHRC) to the Hegde panel's report within five days.

Though allegations of excesses by troops in militancy-hit Manipur have been rampant, this is the first instance that a court-appointed probe has endorsed the charge of "gross violation of human rights" by the security forces operating under the much-disliked shield of AFSPA.

The court lauded the effort of the three-member inquiry committee for meticulously collecting evidence from complainant, witnesses, security forces and police before concluding that "none of these six incidents qualified as a genuine one".

It said, "What we find distressing is that the elaborate guidelines laid down by the Supreme Court, series of guidelines issued by Army headquarters, NHRC and the Manipur government have been confined to the papers. Nothing is followed in practice (by armed forces and police while carrying out the operations)."

The bench said, "The Army authorities have issued a series of dos and don'ts. But, unfortunately none of the guidelines or the dos and don'ts is followed in actual operations. One of the issues before the court is how to ensure the state police and security forces follow the guidelines".

Given the detailed scrutiny done by the apex court in fake encounter killings of Sohrabuddin and Tulsiram Prajapati in Gujarat, both the Union and Manipur government would have lot to answer for the six fake encounters involving the death of seven innocent persons in Manipur.

Last October, the court had entertained two PILs — one on fake encounter killings and another for the withdrawal of AFSPA from Manipur. In January, 2013, the court had appointed the three-member panel headed by Justice Hegde to inquire into the encounter deaths.

The PIL by NGOs — Extra-judicial Execution Victims Families' Association of Manipur through Neena N and Human Rights Alert through Babloo Loitongbam — alleged apathy on the Centre and Manipur government's part to bring to book the guilty among armed forces and state police, which allegedly were responsible for 1,528 extra-judicial killings in last 30 years.

The petition gave details of each of the 1,528 people killed in fake encounters since 1979. It said though the apex court upheld the constitutional validity of AFSPA 15 years ago, it had issued certain dos and don'ts to the security forces. But, these guidelines were seldom followed, it alleged.

On October 19, 2012, the apex court had also issued notices to the Centre and Ibobi Singh government on another PIL by former director of Manipur Health Services, Th. Suresh Singh, seeking withdrawal of AFSPA from the state.

Delhi court charged Manipurs' Iron Lady for suicide attempt

New Delhi, March 5: A court in Delhi on Monday charged Manipur's Iron Lady Irom Sharmila Chanu with attempt to commit suicide. On Sunday, she came to the national capital from Imphal, Manipur to appear in the court in relation to the case where she has been charged with attempt to commit suicide during her fast until death at Jantar Mantar in New Delhi on October 5, 2006.

 If convicted Sharmila, who is out on bail in the case, faces a maximum sentence of up to one year in jail. The next hearing in the case is scheduled for May 22. 

The 40-year-old peace-activist is on a hunger strike for last 12 years. She is demanding the repeal of draconian Armed Forces (Special Powers) Act (AFSPA). 

On being asked about government's stand on the controversial AFSPA, Sharmila said, "The government and the Army are colluding to cheat the people. The government is of the people, by the people and for the people. The government should control the Army also." "The government will listen. It depends on the movement of the people because we are a democracy. What I want is peace and justice, not the administration of a government that uses violence as a means for their governance," she told reporters, outside the Delhi Court on Monday. 

The court said, "It is alleged against you Sharmila...that you on October 4, 2006 at about 8 pm sat at Jantar Mantar on fast unto death until 11.30 pm on October 6, 2006 and refused to undergo medical check up and thereby committed an act with an intention or knowledge that under such circumstances that death may be caused and thereby committed an offence under Section 309 and within the cognisance of this court." 

The Magistrate added ,"I respect you, but the law of the land does not permit you to take your life." However, a frail, but determined Sharmila told the court, "I do not want to commit suicide. Mine is a non-violent protest. It is my demand to live as a human being. I love life. I do not want to take my life but I want justice and peace".

Source:oneindianews

Changes in Armed Forces Special Powers Act on cards, government tells Supreme Court

NEW DELHI(TOI): The Centre on Wednesday informed the Supreme Court that it was considering amendments to the Armed Forces Special Powers Act, which provides sweeping powers to security forces in areas declared disturbed due to militancy.

The ministry of home affairs, in its response to a petition by Th Suresh Singh seeking repeal of the law, said it would not be prudent to repeal AFSPA or withdraw it from northeastern states, even though the Justice Jeevan Reddy Committee had recommended its repeal and amending Unlawful Activities (Prevention) Act (UAPA) to achieve the purpose of AFSPA.

"However, the grim security situation in the northeast, more so in Manipur, caused by unlawful underground militant groups bent upon separation of Manipur from the country, has also been considered by the government on the basis of the advice of the Army, police and other security and intelligence agencies," the ministry said. "Therefore, it was considered not a prudent step to repeal AFSPA as recommended by the committee. The matter was placed before the Cabinet for making a few amendments in the act after following inter-ministerial consultation procedure. It was advised to place the matter before the Cabinet Committee on Security (CCS) first."

Narrating the procedure for amendment of the act, the ministry said, "The CCS did not approve the same. As suggested by the competent authority, the process of further consultation between the ministries has been undertaken and a final decision can only be taken by the Cabinet."

It added, "Moreover, the unmanageability of the powerful militant groups by the local police also compels the state government of Manipur to seek aid of central security forces to keep the insurgent groups under check. Nevertheless, the exercise of amending AFSPA is under consideration of the government."

The Union government said around 1,500 militants were holding a population of 23 lakh in Manipur to ransom and keeping them in constant fear. "The root cause of militancy in Manipur is the constant endeavour of these insurgent groups to spread fear so that they can continue to extort money and the leaders of such groups can continue to lead luxurious life in foreign countries," it said.

Referring to the high percentage of voting in the last two assembly elections in Manipur, the home ministry said people of the state had always demonstrated their faith in the country's institutions. It said, "The ethnic rivalries among different tribes, viz Meiteis, Kukis and Nagas, are deep-rooted and the militant groups fervently advance their ideologies by taking advantage of the porous international border with Myanmar, which is 256 km long, heavily forested and contains some of the most difficult terrain. "Taking advantage of this situation, the militant outfits utilize the other side of the border (which is beyond the jurisdiction of the Indian armed forces) for conveniently conducting their operations of extortions/kidnapping/killing/looting and ambushing the security forces."

The government said counter-insurgency operations seldom affected the common man. The petitions on extra-judicial killings in Manipur and a plea for withdrawal of AFSPA from the state will come up for hearing in the Supreme Court on Thursday. 

source: TimesOfIndia

AFSPA extended in Manipur

Imphal, Dec 5 : The Manipur government has decided to extend the "disturbed area" status to all parts of the state barring the Imphal Municipal areas for one more year, an official said on Tuesday.

The decision, under which the controversial Armed Forces Special Powers Act (AFSPA) 1958 was imposed, was taken at a cabinet meeting chaired by Chief Minister Okram Ibobi Singh on Monday night.

"The cabinet has decided to extend the disturbed area status in all parts of Manipur, except in Imphal Municipal areas, based on reports submitted by security agencies," a government official said.

In the last few months, rebel groups have triggered over 30 blasts, killing and injuring security forces and civilians.

There are more than 20 rebel groups active in Manipur, a state bordering Myanmar, with demands ranging from secession to greater autonomy.

The Manipur government had lifted the controversial AFSPA in the seven assembly constituencies two years ago.

Manipur was declared a disturbed area in September 1980.

Besides Manipur, the AFSPA is also in force in Tripura (excluding the Imphal Municipal Council area), Assam and Nagaland, and in the Tirap and Changlang districts of Arunachal Pradesh.

Irom Sharmila Chanu, a human rights activist, has been on an indefinite strike for nearly a decade in Manipur, demanding the withdrawal of the APSPA from the state.

Several rights groups, including the powerful North East Students Organisation (NESO), have also demanded the withdrawal of AFSPA from the northeastern region.

Source: Sinlung.com