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the Northeast of india has always existed on the periphery of the nation’s consciousness, and in the footnotes of the narrative of growth, progress and development. in a region where lawlessness, rape, murder, army excesses, arbitrary detention, torture and repression are the order of the day, the man in uniform is a formidable and fearsome figure.

the AFSPA that is in force here is one of the most draconian laws that Parliament has enacted in its legislative history. the law has fostered a climate in MANiPUr which the agents of law enforcement use excessive M A N i P U r force at their command and set a pattern of apparently unlawful killings of “suspected” civilians. iN tHE SHAdoW oF the AFSPA gives security forces unlimited powers to

carry out operations with impunity once an area is i N

declared “disturbed”. t H E

And the state of Manipur has been groaning under S H A d o W the heels of this repressive law for far too long now, aFsPa where the dreaded legislation has brought with it iNdEPENdENt PEoPlE’S

tales of untold sufferings — midnight knocks, o F arbitrary searches, forced captures, innumerable

A F S P tribUNAl rEPort incidents of torture, un-notified detentions, sudden oN HUMAN riGHtS

disappearances and rapes — more often just on the A basis of mere suspicion, and ostensibly to ‘maintain ViolAtioNS iN MANiPUr public order’. to understand the anguish of Manipuri people today, one must know the history of the AFSPA, which is nothing but a replica of the 1942 CritiqUE oF JUStiCE JEEVAN rEddy ordinance framed by the british to control the rising rEPort oN AFSPA tide of indian nationalism. o n i n d e p t H u m a n ironically, this ordinance was revived in an rEsIsTaNCE

independent india in 1958 by the union home r i g h t s tEN yEArS oF SAtyAGrAHA FASt

ministry and became AFSPA. it was immediately P by iroM SHArMilA CHANU e o p l ’ s

implemented in parts of the Northeast. V i o l a t n s t r i b u n a l Editor HarsH DobHal i n M a n i p u r r e p o r t

F-1_contents:Layout 1 9/11/2010 5:13 PM Page i

MANIPUR IN THE SHADOW OF AFSPA

Independent People’s Tribunal Report on Human Rights Violations in Manipur

Critique of Justice Jeevan Reddy Report on AFSPA

RESISTANCE Ten Years of Satyagraha Fast by Irom Sharmila Chanu

Editor Harsh Dobhal F-1_contents:Layout 1 9/11/2010 5:13 PM Page ii

Manipur in the Shadow of AFSPA

Independent People's Tribunal on Torture, Extra-Judicial Executions and Forced Disappearances, 11-13 December 2009, Imphal, Manipur © Socio Legal Information Centre* ISBN: 81-89479-66-0

Editor: Harsh Dobhal Cover and Design: Sanjog Sharan, Karmic Design Layout: Rajesh Luhera Printed by Shivam Sundaram Green Park, New Delhi

Published by Human Rights Law Network (A division of Socio Legal Information Centre) 576, Masjid Road, Jangpura New Delhi – 110014, India Ph: +91-11-24379855/56 E-mail: [email protected] website: www.hrln.org, www.iptindia.org

Disclaimer The views and opinions expressed in this publication are not necessarily views of the HRLN. Every effort has been made to avoid errors, omissions, and inaccuracies. However, for inadvertent errors or discrepancies that may remain nonetheless, the HRLN takes the sole responsibility.

*Any section of this volume may be reproduced without prior permission of the Human Rights Law Network/Socio Legal Information Centre for public interest purposes with appropriate acknowledgement. F-1_contents:Layout 1 9/11/2010 5:13 PM Page iii

Contents

Acknowledgements vii

Introduction ix

Depositions Oinam Papak alias Maipaksana Meitei 02 Oinam Ananda alias Girani Meitei 08 Thokchom Inao alias Herojit Singh 14 Mohd Azad Khan 19 Sorokhaibam Jibon Singh 25 Phamdom Inaocha Singh 29 Mohd Musha 33 Khumukcham Thouba alias Tomba Singh 37 Mohd Tajuddin 43 Nameirakpam Gobind Meetei 46 Nameirakpam Nobo Meetei 49 Mohd Abdul Hakim 52 Thokchom Momocha Singh 55 Warokpam Basanta Singh 58 Kongkham Devan Singh 61 Chongtham Umakanta alias Manaoton Singh 65 Thangjam Tiken Singh 68 Yumnam Nanao Singh 71 Khamnam Santanu Singh 74 Urikhimbam Premananda Singh 77

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Laishram Ibobi Singh 80 Kshetrimayum Gobind Singh 83 Salam Jingo alias Gurung Singh 87 Pallungbam Kunjabihari alias Abung Singh 93 Seram Priyokumar Singh 97 Laishram Keshorjit Singh 101 Khumanthem Ajitkumar alias Naoba Singh 105 Chungkham Sanjit Meetei 109 Thokchom Ongbi Rabina Devi 113 Ngangbam Nanao Singh alias Phulchand 117 Sorokhaibam Amarjit Singh 120 Waikhom Rabichandra Singh 124 Waikhom Somen Singh 128 Wangkheimayum Hemanta Singh 132 Yumnam Kumarjit Singh 136 Naorem Boy alias Santosh Singh 139 Pebam Inao Alias Ojit Singh 142 Muhammad Ali Saha 145 Mohd Illiyas Khan 148 Juma Khan alias Boy 151 Khwairakpam Megha Singh 154 Naorem Romeo Singh 158

Voices Against Oppression Immunity Emboldens the Perpetrators Babloo Loitongbam 164 No Right to Life Professor Ksh Bimola Devi 170 Fake Encounters day-to-day Seram Rojesh 173 Can We Call Ourselves a Democracy? Harsh Dobhal 178 Collective Hopelessness Sanjai Sharma 181 Resolving the Conflict Laishram-Cha Jinine Meetei 183 Gross Human Rights Violations Wahengbam Joykumar 200

Observations of the Jury Members Protection of Human Rights Hon’ble Ms Justice KK Usha 204 Life is Not Cheap Hon’ble Mr Justice DK Basu 208 Murders Most Foul Hon’ble Mr Justice Malay Sengupta 214 The Legal Logjam C Upendra Singh 218

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Requiring Unique Solution Lisham Rabindra Singh 222 Aliens in Their Own Land Yambem Laba 224

Jury Findings and Recommendations 229

Resistance Ten Years of Satyagraha Fast by Irom Sharmila Chanu Harsh Dobhal 243

Critique of Justice Jeevan Reddy Report on AFSPA Will AFSPA Go the POTA Way? KG Kannabiran 256 The Evil is Intact K Balagopal 260 This is FAKE... The Repeal of AFSPA Colin Gonsalves 264 The Mask Manisha Sethi 270

Annexure The Armed Forces (Special Powers) Act, 1958 275

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Acknowledgements

t the outset, we express our deep gratitude to the victims and their family members for reposing their faith in the Independ- ent People’s Tribunal on Torture, Extra-judicial Executions and Forced Disappearances, and for displaying remarkable courage inA coming out in front of the Jury to narrate their tales of horror fearlessly. We are grateful to Hon’ble Jury members, some of whom were contacted at the last minute, who took time off from their busy schedule, travelled all the way to Imphal, gave patient hearings to victims for three days, studied all the cases meticulously and finally put down their incisive findings and recommendations. This report owes everything to Colin Gonsalves (senior advocate, Supreme Court and founder, HRLN) and advocate Meihoubam Rakesh of HRLN, Imphal, for their guidance and leadership throughout, before and after the Tribunal process. Both of them have been doggedly pursuing their dream for justice and peace for the people of Manipur for over a decade now, despite all odds against them. This is the second Tribunal organised under their leadership, the first having been held in Delhi in 2005, apart from organising an Independent Peo- ple’s Inquiry Commission that travelled to Manipur in the year 2000 to document cases of human rights violations. We would like to acknowledge the untiring efforts of collabo- rating organisations namely, Extra-Judicially Executed Victims' Fami- lies Association, Manipur (EEVFAM), Kanglei Young Woman's Socio Cultural Organisation (KYWSCO), Human Rights Alert (HRA), Eastern Rural Development Centre (ERDC), NGO Forum Manipur

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and Human Rights Initiative (HRI). These organisations have provided the much-needed strength with all possible help in order to make the Tribunal a meaningful forum. Our young and dynamic team at HRLN Manipur worked tire- lessly for days and nights. We thank Mr Khundrakpam Bidhan Singh, Mrs Lourembam Rebika Chanu, MrThokchom Kumarjit Singh, Mr Sapam Gojen Singh, MissThokchom Premlata Devi and Miss Thok- chom Jurmila Devi. They were faced with the challenging task to con- vince the victims’ families to come forth and depose before the Jury. This team was further assisted by a number of young volunteers from Manipur. We express our special gratitude to Miss Nongmaithem Puspa, Miss Nongmainganbi Maibam, Mr Heikrujam Henry Singh, Mr Thokchom John Singh, Miss Thangjam Merina Devi, Miss Wahengbam Miranda Devi, Mr Maibam Surjit Singh, Miss Thangjam Anuradha Devi and Mr Soibam Inaocha Singh. Sanjai Sharma of HRLN Delhi deserves special thanks for coordinating the efforts between Manipur and Delhi throughout the process. This report would not have seen the light of the day without his valuable contribution. Apart from coordinating between the Jury members and Manipur unit several times before the draft was finalised, his constant reminders and repeated enquiries about the deadline and the progress pushed us to finalise this report now. Finally, we must thank Thomas Mathew for much required help in text editing hundreds of pages of written and spoken testimonies. Last, but not the least, we thank Suresh Nautiyal, Neha Bhatnagar and Parul for painstakingly going through the draft, making corrections and giving final touches to the report.

Harsh Dobhal IPT Secretariat 576, Masjid Road, Jangpura New Delhi - 110014

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Introduction

he discussion on terrorism, security laws and the related dis- course on human rights often revolves around anti-terror laws such as the now-repealed Prevention of Terrorism Act (POTA), Terrorist and Disruptive Activities Act (TADA), TUnlawful Activities (Prevention) Act (UAPA) and a number of other legislations operative in various states. These discussions often obfus- cate the distinctiveness of another extraordinary legislation – Armed Forces (Special Powers) Act (1958), or AFSPA, which is in force in parts of the Northeast (and also in Kashmir). In recent times, the very mention of AFSPA evokes a collective memory, the image of 40 Ma- nipuri women storming the Assam Rifles Headquarters – 12 of them protesting naked –in front of the Kangla Fort in Imphal in 2004. These elderly and middle aged women from different organisations of Meira Paibi (literally ‘women torch-bearers’) were protesting against the rape and murder of 32-year-old Thangjam Manorma, who was picked up from her home in Imphal at night by the soldiers of Assam Rifles, tortured, raped and killed. 1 Routine instances of army violence in the Northeast have often gone unnoticed in the mainstream media but the images of the protesting Meira Paibis were too searing to be ignored. The brutal murder by army personnel triggered an unprecedented form of expression on the part of these women to draw the attention of a nation obsessed with giving its army and police unrestricted and unaccounted powers in the name of national security.

1 “Why the AFSPA Must Go”, a fact finding report by the Committee for the Repeal of the Armed Forces (Special Powers) Act, February, 2005 ix F-1_contents:Layout 1 9/11/2010 5:13 PM Page x

Manorama’s murder was not an isolated tragic event; in fact, it was the 19th death that year. It would have gone unnoticed but for the courageous, unique protest by the mothers of Manipur. However, even six years since the Manipuri mothers bared themselves in their quest for justice, the armed forces continue the killings in Manipur – if anything – with even greater self-assurance. Twenty two-year-old Chungkham Sanjit Meetei was murdered on 23rd July last year near Gambhir Singh Shopping Arcade in Imphal, barely 500 metres from the state assembly, as if meant to be a public spectacle of sorts – one that would terrorise the civilian population and blunt their resistance against atrocities. It was only when Tehelka published photographs of the episode by an anonymous photographer that Sanjit’s so-called encounter was exposed as a cold-blooded mur- der2. The photographs reduced the official story to dust and depicted how the Manipur police commandos never faced any resistance from Sanjit, who was clearly not in possession of any arms, as against the official claims regarding the ‘encounter’. The incident caught the public eye. What one needs to understand is the fact that Manorama’s and Sanjit’s cases are only two examples of the many killings of innocent civilians that have taken place in the state, and every household in Ma- nipur will tell you tale after tale, chilling stories of cold-blooded murders of many young Manipuris. It’s a place where life continues to be a gamble each day. The Northeast of India has always existed on the periphery of the nation’s consciousness, and in the footnotes of the narrative of growth, progress and development. In a region where lawlessness, rape, murder, army excesses, arbitrary detention, torture and repression are the order of the day, the man in uniform is a formidable and fearsome figure. The AFSPA that is in force here is one of the most draconian

2 Tehelka, Vol 6, Issue 31, August 08, 2009

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laws that Parliament has enacted in its legislative history. The law has fostered a climate in which the agents of law enforcement use excessive force at their command and set a pattern of apparently unlawful killings of “suspected” civilians. The AFSPA gives security forces unlimited powers to carry out operations with impunity once an area is declared “disturbed”. And the state of Manipur has been groaning under the heels of this repressive law for far too long now, where the dreaded legislation has brought with it tales of untold sufferings — midnight knocks, arbitrary searches, forced captures, innumerable incidents of torture, un- notified detentions, sudden disappearances and rapes — more often just on the basis of mere suspicion, and ostensibly to ‘maintain public order’3. To understand the anguish of Manipuri people today, one must know the history of the AFSPA, which is nothing but a replica of the 1942 Ordinance framed by the British to control the rising tide of In- dian nationalism. Ironically, this Ordinance was revived in an independent India in 1958 by the home ministry and became the AFSPA. It was immediately implemented in parts of the Northeast. Under this Act, the governor of a state can override the state government to declare an area as “disturbed”, without giving any particular definition of a “disturbed area”. It empowers non-commissioned officers of the armed forces to arrest without warrant, to destroy any structure that may be hiding absconders without any verification, to conduct search and seizure without warrant and to shoot to death. No legal proceeding against abuse of such arbitrary powers can be initiated without the prior permission of the central government. Although initially meant for only one year, it continues to be in force to this day, in 2010. It was only in the post-Emergency period of 1977 that a ray of

3 Independent People’s Inquiry Commission Report published in Combat Law, Vol 2, Issue 1, April-May 2003

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hope emerged when the Supreme Court delivered its judgement on expanding Article 27 on right to life in the Indian Constitution. However, for the people in the Northeast, restoration of human rights had little meaning under AFSPA. Since then, a series of public interest litigations, writ petitions and appeals against the AFSPA have remained unaddressed. In 1991, the United Nations Human Rights Committee took up the Government of India’s Second Period Report under the Inter- national Covenant on Civil and Political Rights (ICCPR). Human rights activists from Manipur briefed the Committee members on the AFSPA following which the Committee came down hard on the Gov- ernment of India. Prior to that, an independent human rights body, the Amnesty International, had come out with its first report on Ma- nipur entitled Operation Bluebird: A Case Study of Torture and Extra- judicial Executions in Manipur. The critical observations by the UN Human Rights Committee and other international human rights bodies forced the Indian Parliament to enact the Protection of Human Rights Act in 1993. Subsequently, the National Human Rights Com- mission and the State Human Rights Commissions were set up under this Act. In the year 1997, as assured by Indian representatives to the UN Human Rights Committee, a five-member constitution bench of the Supreme Court headed by the then Chief Justice JS Verma finally heard the petitions challenging the AFSPA. However, almost as an anti-climax, the Court upheld the con- stitutionality of AFSPA. It only recommended a number of guidelines to the army. This cosmetic review, as feared by many, proved to be totally ineffective in providing any protection to the people against the armed forces and their misuse of AFSPA. This became clear during the visit of Independent People’s Inquiry Commission (IPIC) to Ma- nipur in 2000 and the Independent People’s Tribunal (IPT) on AFSPA in Delhi in 2005 and in Imphal in December 2009.

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The IPIC was formed in 2000. It was a three-member commission headed by Justice H Suresh, former judge of the Mumbai High Court. It travelled to Manipur and met a large number of victims, their relatives and friends to hear tales of injustice – cases of rape, violence, arbitrary killings and disappearances. It held workshops and extensive discussions with human rights lawyers, journalists, academics and others. The team assessed all the reports of the enquiry committees instituted by the state government to investigate various excesses committed by armed forces against citizens of Manipur. It also looked carefully at the ground level implementation of the dos and don’ts advised by the Supreme Court to the army. Based upon its extensive investigations of violation of human rights in Manipur, an interim report prepared by the IPIC was submitted to the home ministry in 2000. It has been 10 years but the IPIC is yet to hear any official response. The same year, Sharmila, one of the volunteers of the IPIC, went on an indefinite fast demanding total repeal of the AFSPA. Intermittingly, she is jailed, hospitalised and nasally forced-fed. The moment she is released, she starts her fast again. Her fast is now in its tenth year. Sharmila has come to symbolise the protracted fight of the Manipuri people against what they describe as a “black law”. The five-member committee with Justice BP Jeevan Reddy as its chairperson4, constituted by the Manmohan Singh government to review the provisions of AFSPA after the intense civil society agitation regarding the killing of Manorama in the year 2004 – offered a flicker- ing ray of hope to the anguished and tortured population of Manipur. However, the report and its recommendations, though submitted on June 6, 2005, remained shrouded in mystery for a long time. Later, the report ‘leaked’ into the media with the efforts of civil rights activists.

4 The five-member committee was chaired by Justice BP Jeevan Reddy. Other members of committee were SB Nakade, PP Srivastava, Lt Gen (Retd) VK Raghvan and Sanjoy Hazarika

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However, the report is a disappointment, to say the least. It not only suggests the transfer of the most controversial provisions of AFSPA to Unlawful Activities (Prevention) Act, but is also deceptive, and thus, dangerous – since it seems to speak for the people but in effect only gives the armed forces unrestrained power. It changes nothing for the people of Manipur, if it does, it is only for the worse. Manipur reflects the true repressive character of the Indian state as it continues to reel under the shadow of guns with its people reduced to a day-to-day struggle for a minimum existence with dignity. During an Independent People’s Tribunal (IPT) on AFSPA organised by the Human Rights Law Network on 11th, 12th and 13th of December 2009 in Imphal, vicitims of this Act recounted their tales of torture, suffering and inhuman treatment by the army. It became a platform for victims and the civil society to narrate their experiences and to identify the underlying causes of human rights abuses, the State’s response, as well as for exploring steps to eliminate its practice in Manipur. During the three-day hearing, the victims deposed in front of a Jury of retired judges of high courts of India and other eminent persons. The panel members included Justice KK Usha (retired Chief Justice of the Kerala High Court), Justice DK Basu (former Judge, Cal- cutta High Court), Justice Malay Sengupta (former Acting Chief Jus- tice, Sikkim High Court), Justice Th Sudhir Singh (retired District and Sessions Judge, Manipur East), Justice C Upendra Singh (retired District and Sessions Judge, Manipur), Justice Lisham Rabindra Singh (retired Judge, Family Court, Manipur) and Mr Yambem Laba (former member, Manipur Human Rights Commission). With an objective to examine the causes, justification and ra- tionale of illegal and coercive measures developed by the State, in a va- riety of different contexts, the IPT represented the voices that are stifled and the voices the State refuses to hear. The Tribunal, presided over by Justice KK Usha, heard the tes-

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timonies given by the victims’ family members over three days and expressed their deep concern on the complete failure of the administration to protect the most basic rights of its citizens and the total collapse of the legal system in terms of security, protection and enforcement of the rights of the people of the state of Manipur. Over and above, various experts delivered their opinions, suggestions and recommendations for addressing the present phenomenon of extra-judicial killings, torture and enforced disappearances in Manipur. The Jury recorded about 42 cases of violations – 40 cases of encounters and two incidents of torture. Out of these 42, as many as 30 family members of the victims deposed before the Jury while 12 testimonies were presented in writing by the family members without deposition. The present report is a detailed compilation of the testimonies that the victims’ relatives narrated in front of the Jury, along with the details of each victim, the incidents and the follow-up of the matter. It also includes the views of experts, lawyers, judges, civil rights activists and journalists on the various issues related to AFSPA in Manipur, recommendations by the Jury, and scholarly articles analysing the Jus- tice Jeevan Reddy Committee report on AFSPA from the point of view of the relevance and implications of its recommendations. The report also includes a profile of Irom Sharmila Chanu, that indomitable figure which solely represents the saga of a people brutally cornered by the ‘mainstream’ society. On a satyagarh fast for ten years now demanding repeal of AFSPA, this frail, yet unrelenting woman has come to symobolise the struggle and the quest for justice and peace. It is hoped that the report will be of intense interest to activists, scholars and all members of the civil society who are engaged with the issue of civil rights in general, and AFSPA in particular.

Harsh Dobhal

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Depositions

Oinam Papak alias Maipaksana Meitei Oinam Ananda alias Girani Meitei Thokchom Inao alias Herojit Singh Mohd Azad Khan Sorokhaibam Jibon Singh Phamdom Inaocha Singh Mohd Musha Khumukcham Thouba alias Tomba Singh Mohd Tajuddin Nameirakpam Gobind Meetei Nameirakpam Nobo Meetei Mohd Abdul Hakim Thokchom Momocha Singh Warokpam Basanta Singh Kongkham Devan Singh Chongtham Umakanta alias Manaoton Singh Thangjam Tiken Singh Yumnam Nanao Singh Khamnam Santanu Singh Urikhimbam Premananda Singh Laishram Ibobi Singh Kshetrimayum Gobind Singh Salam Jingo alias Gurung Singh Pallungbam Kunjabihari alias Abung Singh Seram Priyokumar Singh Laishram Keshorjit Singh Khumanthem Ajitkumar alias Naoba Singh Chungkham Sanjit Meetei Thokchom Ongbi Rabina Devi Ngangbam Nanao Singh Sorokhaibam Amarjit Singh Waikhom Rabichandra Singh Waikhom Somen Singh Wangkheimayum Hemanta Singh Yumnam Kumarjit Singh Naorem Boy alias Santosh Singh Pebam Inao Alias Ojit Singh Muhammad Ali Saha Mohd Illiyas Khan Juma Khan alias Boy Khwairakpam Megha Singh Naorem Romeo Singh

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oinam Bhimo Meitei father of oinam papak alias Maipaksana Meitei

oinam papak aliasMaipaksana Meitei

information about the victim Name: Oinam Papak alias Maipaksana Meitei Age: About 20 years Sex: Male Marital status: Unmarried Father: Oinam Bhimo Meitei Mother: Oinam Ongbi Keinatombi Devi Profession: Truck driver Siblings: Oinam Sayaima Meitei (17) Oinam Baby Chanu (15) Oinam Babicha Chanu (12) Residence: Ishikha Mayai Leikai, PO Pangei, PS Heingang, Imphal East district, Manipur

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incident

Extra-judicial execution of Oinam Papak alias Maipaksana Meitei

Date of incident October 31, 2009

place of incident Yairipok PS and Andro Sanapat PO, Imphal East district

information on the perpetrator Alleged perpetrator: personnel of 28 Assam Rifles

Public relations officer of inspector general, Assam Rifles (South) said in a statement that on getting information about the presence of underground cadres in Andro Sanapat area, troops of 28 Assam Rifles were sent. The cordon undertook a search operation during which an encounter ensued between the AR columns and about 10-15 heavily armed UG at around 11 pm on October 31, 2009. While seven persons, including at least one area/district commander, were slain on the spot, the rest of the armed group managed to get away under the cover of heavy and indiscriminate firing coupled with a cover of darkness, said the PRO release. In this regard, the officer-in-charge, Yairipok police station has registered an FIR case for investigation on the basis of the written report lodged by the Assam Rifles personnel.

Description of the incident

On October 22, 2009, at around 11 pm while all family members were fast asleep, some persons knocked the door of the victim’s house and

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started calling out, “Ima, Ima” (mother, mother). Oinam Ongbi Keinatombi Devi, mother of the victim, opened the door. When she opened the door she found seven- eight unknown security personnel attired in civilian dress, but clad in camouflage waistcoats holding sophisticated firearms. These firearms were attached to their bodies with iron chains. They disclosed that they were supposed to arrest her eldest son Maipaksana Meitei (20), on the orders of a superior officer. At that point of time, Maipaksana Meitei was suffering from earache (in his left ear) and dysentery. Maipaksana Meitei was clothed in a khudei (a traditional loin cloth) and was sleeping on his bed. Oinam Ongbi Keinatombi Devi insisted that they could not take him away. However, the intruding personnel did not pay heed to what she said. At that time, Maipak- sana Meitei disclosed that he desired to answer nature’s call and was escorted to the latrine to ease himself. Thereafter, the unknown personnel asked him to dress up quickly. Accordingly, Maipaksana Meitei put on his trousers and a shirt with round strips of green and black. He wore a pair of sandals. When he had changed into these clothes, the unknown personnel took Maipaksana Meitei away. On that day, Oinam Bhimo Meitei, father of the victim was not in the house as he

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was staying at Yaralpat for construction of Imphal East district JNV Nabodaya. That night, another neighbour Oinam Ananda alias Girani Meitei (21), was also abducted simultaneously by the said security forces. Oinam Ananda alias Girani Meitei’s house is situated about 50 metres southeast of Oinam Papak’s house. Just after Maipaksana Meitei was taken away by the unknown armed security personnel, Oinam Ongbi Keinatombi Devi came out of the house and made a hue and cry to rescue her son from the marauding se- “On October 22, 2009 at around 11 curity forces. Thereafter, neighbouring pm. while all family members were villagers gathered at her house and de- fast asleep, some persons started cided to go in pursuit of the security calling “Ima, Ima” (mother, mother) accompanied by knocking at the door personnel. At that time, Oinam Inao- of our house. Thereafter, my wife tomba Singh, one of the uncles of the opened the door. She found 7-8 victim, reported that he had come unknown security personnel attired across one Maruti van and one Maruti in civilian dress and clad in Gypsy of security forces parked at the camouflaged waistcoats and holding entrance of Ishikha road (Ishikha sophisticated long firearms.” Chingjin) when he had entered Ishikha Victim’s father road on his Tata-407 truck at around 10:30 pm. Consequently, at around 11:45 pm, the parents of the victim along with local Meira Paibi group (women torch bearers) tried to follow the vehicles of the security forces on the Tata-407 truck, which was driven by Oinam Inaotomba Singh. The Tata truck proceeded along Pangei-Imphal road and along the road they could not see the vehicles of the security forces, which had already left the place. Subse- quently, they proceeded to the Porompat police station and reported the whole incident to the police officers on duty, orally. They requested the police officers to do the needful for locating the whereabouts of the

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apprehended person. They were at the police station up to dawn. The police officers on duty did not disclose anything to them. Thereafter, the parents of the victim, along with local elders, proceeded to the house of their local MLA, Thokchom Lokeshore Singh, located in Keishampat, Imphal. Reaching there, they reported the whole incident and requested him to do the needful. The local MLA instructed his men and prepared a complaint petition addressed to the superintendent of police, Imphal East district, for taking necessary action in locating the whereabouts of the victim and taking appropriate steps. The complaint petition was signed by Oinam Bhimo Meitei and one Oinam Yaima Singh, whose son Oinam Ananda Meitei, was also abducted by the same marauding security personnel on the same day. On October 30, 2009, local Meira Paibis staged a demonstration at Ishikha demanding safe release of the abducted persons. However on November 1, 2009, the family members of the deceased came to know through radio and ISTV news bulletin that about seven individuals had been killed in an alleged encounter with 28 Assam Rifles personnel at Andro Sanapat on October 31, 2009. Later, the family members visited the RIMS mortuary and found the dead body of Oinam Papak alias Maipaksana Meitei there. Further they found that the deceased was attired in camouflage trousers, shirt and hunting boots, which he was not wearing at the time of his arrest. Besides, the camouflage dresses did not fit the body structure of the deceased. On October 2, 2009, the body of the deceased was taken back after conducting a post-mortem examination at the primary health centre, Lilong. On November 2, 2009, residents of Ishikha Mayai Leikai formed a joint action committee to demand justice for Oinam Papak alias Maipaksana Meitei and Oinam Ananda alias Girani Meitei, who were killed in an encounter with troops of 28 Assam Rifles, at Andro

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Sanapat. The local Congress MLA, Thokchom Lokeshore Singh pacified the villagers and assured them that he would take up the matter with Chief Minister Okram Ibobi Singh. Thereafter, the local MLA took family members of both the deceased boys to the chief minister’s bungalow. Chief Minister Okram Ibobi Singh sanctioned Rs 1 lakh each to the family members of the deceased during the meeting. Further he assured them a suitable government job to one member of the families of the deceased.

socio-economic-political background of the victim

The deceased, Oinam Papak alias Maipaksana Meitei, was born and brought up in a very poor family. He had studied up to class VIII and his family has been staying in a small hut. He was an innocent, peace- loving person with no criminal antecedents whatsoever. After quitting his job at a motor vehicle workshop, he had been working as a truck driver to eke out a living. At the time of his arrest he was suffering from dysentery and earache for several days.

steps taken

After performing the last rites of the deceased, the family members got Rs one lakh from the chief minister of Manipur. Since then, they have been trying to move the appropriate court of law for seeking justice and reparation. However, due to ignorance and fear of reprisal they have not been able to take any action till date.

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oinam Yaima Meitei father of oinam Ananda alias Girani Meitei of ishikha

oinam Ananda aliasGirani Meitei

information about the victim Name: Oinam Ananda alias Girani Meitei Age: About 21 years Sex: Male Marital status: Unmarried Father: Oinam Yaima Meitei Mother: Oinam Ongbi Yaimabi Devi Profession: Truck driver Siblings: Oinam Sanahanbi Devi (24, married) Oinam Ngamba Meitei (23) Oinam Naobicha Meitei (19) Residence: Ishikha Mayai Leikai, PO Pangei, PS Heingang, Imphal East district, Manipur

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incident

Extra-judicial execution of Oinam Ananda alias Girani Meitei

Date of incident October 31, 2009

place of incident Andro Sanapat, PO and PS Yairipok, Imphal East district

information on the perpetrator Alleged perpetrator: personnel of 28 Assam Rifles

Public relations officer of inspector general, Assam Rifles (South) said in a statement that on getting information about the presence of underground cadres in Andro Sanapat area, troops of 28 Assam Rifles launched cordon and search operation during which an encounter ensued between the AR columns, and about 10-15 heavily armed UG at around 11 pm of October 31, 2009. While seven persons, including at least one area/district commander, were slain on the spot, the rest of the armed group managed to get away under cover of heavy and indiscriminate firing coupled with cover of darkness, said the PRO release. In this regard, the officer-in-charge, Yairipok police station has registered an FIR case for investigation on the basis of the written report lodged by the Assam Rifles personnel.

Description of the incident

On October 22, 2009, at around 11 pm while all family members were fast asleep, some persons started knocking at the door of the house and

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demanded that it be opened. Oinam Yaima Meitei, father of the victim, opened the door. When he opened the door, a gun was pointed at his chest by armed security personnel whose firearms were attached to their bodies with iron chains. Behind them there were other armed personnel. After entering the house, two security personnel dragged out Oinam Angamba Meitei (23) and Oinam Ananda alias Girani Meitei (21) from their respective beds. Then they selected Ananda alias Girani Meitei and took him in their custody. Oinam Yaima Meitei tried to prevent it but failed. The security per- “When I opened the door, I found a sonnel beat up Ananda. Just after mov- gun pointed at my chest by the ing out from the house, they locked the armed security personnel. Behind door from outside. The father of the vic- this man were several other security tim remained motionless for some time. personnel.” Thereafter, he opened the door of the Victim’s father house after coming out through the win- dow but no one was found outside the house. They heard some noise at the house of their neighbour, Oinam Bhimo Meitei. Later on, they came to know that Oinam Papak alias Maipaksana Meitei, son of Bhimo Meitei was also abducted by the same security personnel. Thereafter, neighbouring villagers gathered and decided to pursue the marauding security personnel. At that time, Oinam Inaotomba Singh, an uncle of one of the victims, reported that he had come across a Maruti van and a Maruti Gypsy of the security forces parked at the entrance of Ishikha road (Ishikha Chingjin) when he had entered Ishikha road on his Tata-407 truck at around 10:30 pm. Consequently, at around 11:45 pm, the parents of the victim along with local Meira Paibi group (women torch bearers) tried to follow the vehicles of the security forces on the Tata-407 truck, which was driven by Oinam Inaotomba Singh. The Tata truck proceeded along Pangei-Imphal road and along the road they could not see the

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vehicles of the security forces, which had already left the place. Subse- quently, they proceeded to the Porompat police station and reported the whole incident to the police officers on duty at the police station, orally. They requested the police officers to do the needful for locating the whereabouts of the apprehended persons. They were at the police station till dawn. The police officer on duty did not disclose anything to them. Thereafter, the parents of the victim along with local elders proceeded to the house of their local MLA, Thokchom Lokeshore Singh, located in Keishampat, Imphal. Reaching there, they reported the whole incident and requested him to do the needful. The local MLA instructed his men and prepared a complaint petition addressed to the superintendent of police, Imphal East district, for taking necessary action in locating the whereabouts of the victim and taking appropriate steps. The complaint petition was signed by Oinam Bhimo Meitei and Oinam Yaima Singh, whose sons were abducted by the marauding security personnel. On October 30, 2009, local Meira Paibis staged a demonstration at Ishikha demanding safe release of the abducted persons. However on November 1, 2009, the family members of the deceased came to know through radio and ISTV news bulletin that about seven individuals had been killed in an alleged encounter with 28 Assam Rifles personnel at Andro Sanapat on October 31, 2009. Later, the family members visited the RIMS mortuary and found the dead body of Oinam Ananda alias Girani Meitei there. Further they found that the deceased was attired in camouflage trousers, shirt and hunting boots, which he was not wearing at the time of his arrest. Be- sides, the camouflaged dress did not fit the body structure of the deceased. On October 2, 2009, the body of the deceased was taken back after conducting a post-mortem examination at the primary health centre, Lilong.

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On November 2, 2009, residents of Ishikha Mayai Leikai formed a joint action committee to demand justice for Oinam Papak alias Maipaksana Meitei and Oinam Ananda alias Girani Meitei, who were killed in an encounter by troops of 28 Assam Rifles, at Andro Sanapat. Local Congress MLA, Thokchom Lokeshore Singh pacified the villagers and assured them that he would take up the matter with Chief Minister Okram Ibobi Singh. Thereafter, the local MLA took family members of both the deceased boys to the chief minister’s bungalow. Chief Minister Okram Ibobi Singh sanctioned Rs one lakh to each of the familes of the deceased during the meeting. Further he assured a suitable government job to one member of the families of the deceased.

socio-economic-political background of the victim

The deceased, Oinam Ananda alias Girani Meitei, was born and brought up in a very poor family. He had studied up to class VII and his family has been staying in a small constructed house. He was an innocent, peace-loving person with no criminal antecedents whatsoever. He used to work as a truck driver to eke out a living. At the time of his arrest, he was suffering from epilepsy for more than six months and was under constant medication. He gave up his driving profession on accounts of poor health during those days.

steps taken

After performing the last rites of the deceased, the family members got Rs one lakh from the chief minister, Manipur. Thereafter, they have been trying to move the appropriate court of law for seeking justice and reparation. However, due to ignorance and fear of reprisal they have not been able to take any action till date.

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thokchom nimai singh father of thokchom inao alias Herojit singh

thokchom inao aliasHerojit singh

information about the victim Name: Thokchom Inao alias Herojit Singh Age: About 26 years Sex: Male Marital status: Unmarried Father: Thokchom Nimai Singh Profession: Cultivator Residence: Chairel Awang Leikai, PO and PS Sugnu, Thoubal district, Manipur

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incident

Extra-judicial execution of Thokchom Inao alias Herojit Singh

Date of incident July 31, 2009

place of incident Waithou Village, PO and PS Lilong, Thoubal district, Manipur

information on the perpetrator Alleged perpetrator: Combined team of thoubal district police commandos and 28 Assam Rifles

The officer-in-charge, Lilong police station had registered a case under FIR No 43(7)09 Lilong PS U/S 307/34 IPC, 20 UA(P) Act and 25 (1-C) Arms Act on the basis of a written report lodged by one Ksh Prakash Singh, JC No 596 Jamandar, CDO-TBL, stating inter alia, that on July 30, 2009 at 10 pm, based on specific information, there was presence of some armed cadres of United National Liberation Front (UNLF) in the general area of Waithou village for executing pre- judicial activities. Consequently, a combined team of Thoubal district police commandos and 28 Assam Rifles rushed to the said area. At about 11:25 pm they found two or three youngsters moving in a suspicious manner towards Waithou hill track. When they ordered them to stop for verification, the unknown youth opened fire on them with automatic weapons. Thereafter, they took their positions and retaliated the firing on them. The encounter lasted for about eight minutes. After the firing stopped, they conducted a thorough search at the encounter site and they found one 9-mm pistol with one live round in the cham-

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ber, one bullet-riddled dead body and three live rounds of 9-mm loaded in the magazine.

Description of the incident

On July 30, 2009, at about 6:30 pm, Thokchom Inao alias Herojit Singh (26) came back after tilling agricultural land at Pangaltabi Man- ing Lairam. Thereafter, he was resting on the verandah after bathing. While doing so, at around 8:30 pm, some 4-5 personnel of Manipur police commandos in mufti (civilian dress) rushed inside the house after alighting from a white coloured “My wife received a call from an Maruti Gypsy, which was parked along unknown number at that instant and the Imphal-Sugnu road. They asked the caller asked her, ‘mother do not him to locate and indicate the house of you know me’, and disconnected the a person called Tomba. They further phone. Hearing the said call, my wife told him that they came from an insur- became worried since it was not our gent group. To that he replied that he son Inao’s voice.” Victim’s father was tired after doing heavy work but they forcibly took him away to have a talk. His sister also tried to stop them, but she was knocked down, slapped and kicked. Thereafter, the intruding commandos pulled him up, dragged him to the Maruti Gypsy and pushed him inside the vehicle. On July 31, 2009, while the family was at Sugnu police station, a police Gypsy came and parked at a distance a little away from the gate. The victim’s mother received a call from an unknown number at that instant and the caller asked her “mother do not you know me” and disconnected the phone. Hearing the call she became worried because it was not Inao’s voice. In the meantime, some person informed the family that Inao was in the hospital but after sometime they came to know that he was in RIMS mortuary. He was killed in an alleged en-

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counter by the 28 AR and Thoubal police commandos. According to a report filed with officer-in-charge, Lilong police station by one Ksh Prakash Singh, JC No. 596 Jamandar, CDO – TBL, stating inter alia, that Inao was killed in an encounter with a combined team of 28 Assam Rifles and Manipur police commandos, Thoubal unit the previous night.

socio-economic-political background of the victim

Thokchom Inao alias Herojit Singh was an innocent, peace-loving person. The fifth son of his parents, he had joined an insurgent group after studying up to class X. When he was with the insurgent group he fell ill. So, he came back home and severed all relations with the insurgent group. He told his father that he would stay at his married elder sister Athokpam Ongbi Sanahanbi Devi’s house at Pangaltabi Awang Leika in Thoubal district, and do some agricultural work. His brother-in- law (sister’s husband) bought a Kubota power tiller for him. When he was at his sister’s house, he was once arrested by 21 Assam rifles alleging that he was a member of the United National Liberation Front (UNLF). Then he was released on bail, by the chief judicial magister- ate, Thoubal. Thereafter, he had been appearing before the officer-in- charge, Sugnu police station every week as directed. His last appearance before the Sugnu police station was on

July 26, 2009. Not only this, he had been “I feel very emotional after seeing all appearing before 21 Assam Rifles every the people present here, whose week for putting his signature and his last husbands or sons have been killed appearance before the Assam Rifles was by security personnel. Now I want on July 15, 2009. The police told him nothing but punishment for those who killed my son, who killed the that such putting of signature every husbands and sons of others.” week would prevent him from being ar- Victim’s father rested by police the next time.

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steps taken

On September 3, 2009, Thokchom Nimai Singh, father of the deceased, went to the Sugnu police station and tried to submit a written report to the officer-in-charge, Sugnu police station. However, after perusing the same, the said officer-in-charge refused to receive his written report by saying that he would not be able to receive it without specific direction from the director general of police, Manipur. Having no other alternative, he left the police station disappointed. Thereafter, on September 7, 2009, he submitted written complaints to (i) the director general of police, Manipur, and (ii) superintendent of police, Thoubal district. However, no positive action has so far been taken.

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Mst Garamjan Bibi mother of late Mohd Azad Khan of phoubakch

Mohd Azad Khan

information about the victim Age: About 12 years Sex: Male Marital status: Unmarried Mother: Mst Garamjan Bibi Profession: Student (Class VI) Siblings: Sarina (9) Md Abdul Razaque (7) Md Mustaque (5) Md Mustafa (2) Residence: Phoubakchao Makha Leikai Yumnam Leirak, PO and PS Mayang Imphal, Imphal West district, Manipur

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incident

Extra-judicial execution of Azad Khan

Date of incident March 4, 2009

place of incident Phoubakchao Makha Leikai Yumnam Leirak, PO and PS Mayang, Imphal West district, Manipur

information on the perpetrator Alleged perpetrator: Combined team of thoubal district police commandos and 21 Assam Rifles

On March 4, 2009 at about 1:30 pm, after killing Mohd Azad Khan in a fake encounter, one Th D Bronson, Havildar 0307781 of Manipur police commandos, Thoubal district had lodged a false report with the officer-in-charge, Mayang Imphal police station, Imphal West district, alleging inter alia that on March 4, 2009, at about 10:30 am acting on a specific information about the presence of armed underground cadres of the People United Liberation Front (PULF) in the general area of Phoubakchao and Sekmaijin with the intention to extort money from the general public and to attack security forces at an opportune moment, he along with two teams of Manipur police commandos, Thoubal and a column of 21 Assam Rifles rushed to the area to pre- empt the subversive activities of the said militants. Further, the written report also stated that at about 11:50 am while the combined team of security forces was approaching Phoubakchao Chatrakhong from Sek- maijin side, two youngsters were seen moving hastily towards the paddy

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field side. Thereafter, the combined team of security forces had shouted warnings to them to stop. However, instead of stopping, the two youngsters started running towards the paddy field. Immediately, the combined “While my son was being dragged team of security forces chased them and out of the verandah, the commandos while they were chasing them, the two fired some rounds in the air and at unknown youths turned around and the same time some of them prevented me and my family fired some rounds towards the pursuing members from following my son by combined team. The combined team re- pointing their guns at us, forcing us taliated the firing after taking position. to go inside the house and locking In the ensuing gunfight one armed un- the door from outside. After dragging derground cadre was eliminated while him for about 70 metres towards the the other youth managed to escape. north, my son was pushed down on the paddy field and shot dead by the After the encounter, a thorough search Manipur Police commandos.” of the area was carried out and one 9- Victim’s mother mm pistol and one magazine loaded with three live rounds were found near the dead body of the killed underground. Based on the said report a regular case (FIR No 16 (3) 09 Mayang Imphal PS U/S 307/ 384/400/34 IPC and 25(1-C) Arms Act) was registered by the officer-in-charge of Mayang Imphal police station.

Description of the incident

On March 4, 2009, in the morning, at about 11:50 am, the deceased, namely, Mohd Azad Khan (12) was reading the local newspaper on the verandah of his house along with one of his neighbouring friends, Kiyam Anand Singh (14), S/O K Devan Singh. At that time, some personnel of Manipur police commandos had rushed into the house. Thereafter, the personnel of Manipur police commandos hauled up Mohd Azad Khan by both his hands and administered severe beating.

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At the same time, the commandos questioned the said Kiyam Anand Singh as to why he was staying there and whether he did not know Mohd Azad Khan was an underground activist. The commandos showed him a gun saying that it belonged to Mohd Azad Khan and slapped him on his face. Subsequently, the commandos dragged out Mohd Azad Khan toward northern direction for about 70 meters. While Mohd Azad Khan was being dragged out from the verandah, the commandos fired some rounds in the air and at the same time some of the commandos prevented his mother and her family members from following Mohd Azad Khan by pointing their guns and forcing them to go inside their house. The northern side of their homestead land is adjacent to a paddy field owned by one Mohd Abdul Aziz, aged about 48 years, S/O late Mohd Amu, which had no vegetation at that relevant point of time. After dragging him out about 70 metres towards north, Mohd Azad Khan was pushed down on the paddy field of Mohd Abdul Aziz and shot dead by the personnel of Manipur police commandos. Instantaneously, the commandos threw a pistol near the dead body of Mohd Azad Khan. The whole incident was witnessed by the family members as also by neighbouring villagers, as all this happened in broad daylight. After the killing, the dead body of Mohd Azad was taken away by the marauding commandos in their vehicles. The villagers tried following the police commandos who took away Azad’s body but were stopped by the personnel of Mayang Im- phal police. They immediately rang up the press and informed them that a dead body had been taken away by some police personnel.

socio-economic-political background of the victim

The deceased Mohd Azad Khan (12) at the time of his killing was studying in Class VII under Roll No. 11, at the Phoubakchao High

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School in the academic session 2009, and his date of birth is March 10, 1997. The deceased had been attending his school regularly and he was an earnest and sincere student of the school. The deceased was an innocent peace-loving minor boy and he had no criminal antecedents whatsoever.

steps taken

On the same day of the killing, ie March 4, 2009, Mohd Ashrat Ali (60), S/O late Mohd Turab Ali of Phoubakchao Makha Heibong Yangbi, Imphal West district lodged a written report with the officer- in-charge, Mayang Imphal police station. However, the officer did not accept the case saying that there was no confirmation that the person shot was dead or not. Protesting against the killing of an innocent minor boy, local people gathered together and formed a joint action committee to seek justice and reparation for the killing of Mohd Azad Khan by the personnel of Manipur police commandos in an unjustified manner. The chief minister came to visit the area along with the local MLA and gave Rs 2,00,000 to the JAC and asked them to take the dead body from RIMS mortuary. After that the dead body was taken from the mortuary and the last rites were performed. Subsequently, the joint action committee submitted a memorandum dated March 4, 2009 to the hon’ble chief minister, Manipur, with the following demands: Befitting punishment of erring security personnel involved in the crime; compensation not less than Rs 5 lakh; provision of employ- ment to a family member of the deceased; construction of a library within the campus of Phoubakchao High School in the name of the deceased; and conversion of Phoubakchao High School to a full fledged government high school. A complaint petition was sent to the National Human Rights Commission. From NHRC an order was given to the home depart-

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ment to take up the case and to enquire about it. But till now, the government has not taken any action. A writ petition too was filed in the Gauhati High Court. On March 13, 2009, the under secretary (home), Government of Manipur issued an order in the name of Governor of Manipur stating inter alia: the Governor of Manipur is pleased to appoint LM Khaute, IPS, inspector general of police (int.), Manipur to inquire into the incident of killing of Mohd Azad Khan, S/o Mohd Wahid Ali of Phoubakchao on March 4, 2009. Further it is also stated in the order that the inquiry report shall be submitted to the state government within one month from the date of issue “When I tried to bring out the truth, of the order. The terms of reference filing a case with the police, the mentioned in the order are as follows: police commandos warned me to (a) facts of the incident and (b) meas- withdraw the case if I wanted to ures to prevent recurrence of such inci- save my life.” dents. However, even after more than Victim’s mother nine months have elapsed since the order, the inquiry officer has not submitted his inquiry report and has not furnished any reason for it. At present a writ petition filed by the mother of the victim is pending before the Hon’ble Gauhati High Court, Imphal Bench. It must be mentioned that the police commandos repeatedly threatened the petitioners to withdraw the case.

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incident

Extra-judicial execution of Phamdom Inaocha Singh (killed along with Mohd Musha). sorokhaibam ongbi Binaroi Devi wifeDate of sorokhaibam of incident: november Jibon singh 5, 2008 Place of incident: Thoubal Khunou Chinga P.O and P.S. Thoubal,

thoubal district Manipur

information on the perpetrator sorokhaibam Jibon singh Alleged perpetrator: Combined team of thoubal district police Commandoes informationand 21 Assam Rifles.about the victim OnName: March Sorokhaibam 4, 2009 Jibonat about Singh 1.30 p.m., after killing Mohd Azad Khan inAge: a fakeAbout encounter, 27 years one Th. D. Bronson, Havildar 0307781 of Manipur policeSex: Male Commando, Thoubal district had lodged a false report with the officer-in-charge,Marital status: Married Mayang Imphal police station, Imphal West district, allegingProfession: inter No aliapermanent that on job March 4, 2009 at about 10.30 a.m. acting on aWife: specific Sorokhaibam information Ongbi about Binaroi the Devi presence of armed underground cadres ofChildren:Sorokhaibam People United Liberation Korounganba Front (7) (PULF) in the general area of PhoubakchaoResidence: Kakwa and Sorokhaibam Sekmaijin withLeikai, the intention to extort money from thePO and general PS Singjamei, public and to attack security forces at an opportune moment,Imphal East he along district, with Imphal two teams of Manipur police Commando, Thoubal and a column of 21 Assam Rifles rushed to the area to pre- empt the subversive activities of the said militants. Further, the said written report also stated that at about 11.50 a.m. while the combined team of security forces was approaching Phoubakchao Chatrakhong from Sekmaijin side, two youngsters were seen moving hastily towards the paddy field side. Thereafter, the combined team of security forces had shouted warnings to them to stop. However, instead of stopping,

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incident

Extra-judicial execution of Sorokhaibam Jibon Singh

Date of incident July 1, 2009

place of incident Chandranadi Lamkhai, Imphal West district, Manipur

information on the perpetrator Alleged perpetrator: personnel of imphal West district police

Police made a press statement claiming that Jibon was killed in an encounter with the Imphal West district police commandos at Chan- dranadi Lamkhai at around 8:15 pm in the evening of July 1, 2009. On the basis of the written report lodged by the commandos, a regular case under FIR No 38 (6) 09 Wangoi PS U/S 307/34 IPC 25 (1-C) Arms Act and 16/20 UA (P) Act was registered by the officer-in- charge, Wangoi police station.

Description of the incident

On July 1 at around 9 am in the morning, Sorokhaibam Jibon Singh (27) went out on his bicycle to buy some binding wires for the house he had been constructing for his family. He did not return home even till midnight. As he had never stayed out so late before, his family members and relatives along with some of his close friends started searching for his whereabouts. The next morning ie on July 2, 2009, his wife went to the house of their local MLA, namely Okram Joy Singh, and in-

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formed him that her husband was missing. After listening to her complaint, Okram Joy Singh made phone calls to different police stations and found from the Wangoi police station that the victim Jibon Singh was killed in an encounter with the personnel of Imphal West district police commandos at Chandranadi Lamkhai the previous night and that his dead body was taken from the place of occurrence and deposited at RIMS mortuary. He asked the family members to go to RIMS and identify the dead body. Thereafter, the family members went there and found his dead body with articles inside his mouth and broken limbs. Around 10 days before his death, when he went out to buy binding wires, some personnel of Imphal East district police commandos had arrested him from Singjamei Bazar and later released him on the same day at some other place. From that day he was afraid to step out of his home and thus used to stay at home all the time. On seeing the condi- “In spite of all these things, I have tion of her husband, Binaroi Devi went a fear for one thing – I fear that my to Imphal East police commandos office child would want to take revenge and told them that her husband was not against those who killed her father.” able to step out of their home because of Victim’s wife the fear that he might be caught like the last time. She also enquired about the reason for his arrest. The police commandos told her not to be worried further and assured that they would not arrest him in future.

socio-economic-political background of the victim

Sorokhaibam Jibon Singh was a married person and he is survived by his wife and one minor son. He was the eldest among six siblings. He had no permanent job. He used to work at a brick kiln, had worked as a rickshaw driver and sometimes even worked as a carpenter. He sup-

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ported his family with his meagre earnings. At the time of his killing, he was constructing a separate house for his own family, but was confined to the house and was unable to step out of his house due to fear. He was a peace-loving person having no criminal record whatsoever in the past.

steps taken

No joint action committee was formed; no memorandum was submitted to the chief minister. The family members did not inform the incident to the concerned police station because they are illiterate. They met the local MLA. He promised them help. However, they have received no assistance from the government till date.

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phamdom Anita Devi wife of phamdom inaocha singh

phamdom inaocha singh

information about the victim Age: 38 years Sex: Male Marital status: Married Profession: No permanent job Wife: Phamdom Anita Devi Daughters:Ph Tanaj Devi (10, class-III) Ph Nikita Devi (6, class-nursery) Residence: Arapti Lilong, PO and PS Lilong, Thoubal district, Manipur

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incident

Extra-judicial execution of Phamdom Inaocha Singh (killed along with Mohd Musha)

Date of incident November 5, 2008

place of incident Thoubal Khunou Chinga PO and PS Thoubal, Thoubal district Manipur

information on the perpetrator Alleged perpetrator: thoubal police commandos

The police claimed that the two deceased were suspected militant cadres who were killed during a shootout at Thoubal Khunou on Wednesday, November 5, 2008, at around 6:30 pm During a frisking routine by the police commandos, the militants began to shoot at the security forces. The police press release alleged that the suspected militants were killed in a retaliatory shootout. A 0.32mm-pistol loaded with (four) live rounds of 0.32mm ammunition and one Chinese made hand grenade were recovered from the deceased as per the press release.

Description of the incident

About a month before he was killed, Phamdom Inaocha Singh (38) went to the house of his friend, Mohd Musha, to charge the battery of his mobile phone. But the mobile phone was stolen from Mohd

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Musha’s house. Later on, they ascertained the identity of the person who had stolen the mobile phone to be a friend of Mohd Musha, Mohd Najibul. A few days later, Inaocha met Mohd Najibul on the street and asked him to return his mobile phone. However, Mohd Na- jibul refused to do so. The two had a heated argument. Subsequently, on November 5, 2008, Najibul telephoned Inaocha and asked him to come to his house and take back either his mobile phone or an equal amount in cash. Actually, Mohd Najibul had sold the said mobile handset to one police commando for Rs 5,000. So he had to take back the mobile handset from the commando by paying Rs 5,000. Thereafter, Inaocha went to the house of Mohd Najibul along with Mohd Musha. However, they were abducted by some personnel of Thoubal district police commandos without stating any reason. The victim’s sister-in-law witnessed the arrest and informed the family about the same. Thereafter, the duo was killed extra-judicially at Thoubal Khunou Chinga PO and PS Thoubal, Thoubal district, Ma- nipur, on the same day. At around 4:30 pm in the evening, Inaocha’s mother on her way to Thoubal Bazar came to know that the dead bodies of two unknown persons were found behind Thoubal College. Some people also said that one among the two dead bodies seemed very similar to Inaocha’s. After hearing this, she ran to her house and told everyone about it. They went to Thoubal police station to ascertain the whereabouts of Inaocha. When they asked the police, they were told that they were about to go and pick up the two dead bodies. Thereafter, they (Inaocha’s family) went to RIMS mortuary and found the dead bodies of Inaocha and Mohd Musha there. The thoracic bones of Phamdom Inaocha Singh were all broken. There was a bullet injury on the head and also on the arms.

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socio-economic-political background of the victim

Inaocha’s parents have five children, of whom Inaocha was the fourth. After passing class XII, he got married and undertook small business. He used to plant vegetables in his homestead land. Before he got married, he worked in a five star hotel in Delhi for a short time. Sometimes he also took on contractual work also, but since he could not earn much from it, he gave up working on contracts.

steps taken

A joint action committee ( JAC) formed against this killing, in a public meeting held at Lilong bazar demanded the repeal of the Armed Forces (Special Powers) Act (AFSPA), as it was disturbing the lives of the people. The resolution also demanded an ex-gratia of Rs 5 lakh from the government for each of the two deceased, failing which they would launch an agitation. Led by its convenor Mohd Kabir and S Bogendro, the JAC also submitted a memorandum “His thoracic bones were all broken. to the chief minister highlighting these There was a bullet injury on the head demands. MLA Allauddin has given the and also on the arms.” family Rs 60,000; however, no money Victim’s wife has been given from the side of the chief minister.

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Mst Rajiya mother of Mohd Musha

MohdMusha

information about the victim Age: About 28 years Sex: Male Marital status: Married Profession: Owned a second-hand garment shop at Lilong Bazar Wife: Mst Minarai Children: Mumtaz (3) Mohd Arafat (2) Residence: Lilong Bazar, PO and PS Lilong Thoubal district, Manipur

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incident

Extra-judicial execution of Mohd Musha

Date of incident November 5, 2008

place of incident Thoubal Khunou Chinga, PO and PS Lilong Thoubal district, Manipur

information on the perpetrator Alleged perpetrator: personnel of thoubal district police commandos

The police claimed that the two deceased were suspected militant cadres who were killed during a shootout at Thoubal Khunou on Wednesday, November 5, 2008, at around 6:30 pm. During a frisking routine by the police commandos, the militants began to shoot at the security forces. The police press release alleged that the suspected militants were killed in a retaliatory shootout. A 0.32mm-pistol loaded with (four) live rounds of 0.32mm ammunition and one Chinese made hand grenade were recovered from the deceased as per the press release.

Description of the incident

The other day, one of Mohd Musha’s (28) friends, Inaocha, charged his mobile phone at his home. Mohd Nazibul, who was Musha’s friend, came inside his house and stole the mobile phone. Thereafter, Mohd Nazibul sold the said mobile phone for Rs 5,000 to a police com-

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mando. When Inaocha and Musha came to know that Nazibul had stolen the mobile phone, they asked him to give it back. Nazibul then revealed that the mobile phone was exchanged for Rs 5,000 to a commando. Therefore, he said, he would have to take it back from the commando after paying him Rs 5,000. On November 5, 2008, at around 11 am while Mohd Musha was doing some household work, his friend, Phamdom Inaocha Singh came there. Thereafter, they went out together saying that they would come back “Musha had been maintaining the soon for lunch. After some time in the family by running a second-hand evening, Inaocha’s family members came clothes shop and also sold vegetables in the bazar.”” to Musha’s house to ascertain whether Victim’s mother Inaocha and Musha had come back or not because they had received uncon- firmed information that there was a confrontation between the personnel of Thoubal district police commandos and some unknown boys. After hearing that news, Musha’s family members went to Thoubal police station and asked for information. The police replied that the boys who were killed in that encounter seemed to be Mohd Musha and Phamdom Inaocha and the bodies were lying at the back of Thoubal College. Not trusting the words of the police, they went to RIMS mortuary and came to know that what police said was true. There were six bullet injuries on the ventral side of Musha’s body and one bullet injury on the waist while both his legs were broken.

socio-economic-political background of the victim

Mohd Musha was an innocent, peace-loving person and had no criminal antecedents whatsoever. He had been maintaining his family by running a second-hand clothes shop and also sold vegetables in the bazar.

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steps taken

A joint action committee ( JAC) formed against this killing in a public meeting held at Lilong bazar demanded the repeal of the Armed Forces Special Powers Act (AFSPA) as it was disturbing the lives of the people. The resolution also demanded an ex-gratia of Rs five lakh from the government for each of the two deceased, failing which they would launch an agitation. Led by its convenor Mohd Kabir and S Bogendro, the JAC also submitted a memorandum to the chief minister highlighting these demands. Rs 50,000 was given by the chief minister from his own pocket and he also mentioned that a suitable job would be provided. But to date, no job has materialised.

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Leivon Rosmi Kom wife of Khumukcham thoiba alias tomba singh

Khumukcham thoiba alias tomba singh

information about the victim Name: Khumukcham Thoiba alias Tomba Singh Age: About 44 years Sex: Male Marital status: Married (having three minor sons) Profession: Manual worker Wife: Leivon Rosmi Kom Father: Kh Sanahongba Singh Residence: Mahou Tera, Wangoo Lamkhai, PO and PS Sugnu, Chandel district, Manipur

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incident

Extra-judicial execution of Khumukcham Thoiba alias Tomba Singh

Date of incident January 19, 2009

place of incident Keirak Leirak Achouba, PO and PS Kakching

information on the perpetrator Alleged perpetrator: Combined team of thoubal district police commandos and 21 Assam Rifles

On January 19, 2009, at about 7:30 pm, after killing of Khumukcham Thoiba alias Tomba Singh in a fake encounter, one Hollal Haokip, JC No 605, Jamadar of commando unit, Thoubal district, had lodged a false report with the officer-in-charge, Kakching police station, Thoubal district, alleging inter alia that on January 19, 2009, at about 6 pm on receiving specific information about the movement of some armed underground cadres of Kanglei Yawon Kanna Lup (KYKL) in the general area of Lamjao and Wabagai village with the intention to attack security forces at an opportune movement, a joint team of 21 Assam Rifles and police commandos, Thoubal district moved towards the said area to check out the movement of the militants. It is also stated that at about 6:50 pm while reaching Keirak Leirak Achouba, they were fired at by armed militants, and, therefore, they immediately retaliated after taking position. After a while, 6-7 underground suspects were seen running towards the village. The combined team continued

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to advance forward and fired in the direction of the fleeing militants but the militants managed to escape taking cover of the darkness. Fur- ther the report also stated that after the encounter, which lasted for about 10 minutes, a thorough search of the area was carried out and one bullet-riddled dead body of an aunderground suspect, one 9-mm pistol, one magazine loaded with two live rounds and three empty cases were found near the dead body. Based on the said report, a regular case (FIR No 11 (1) 09 Kakching PS U/S 307/34 IPC, 25(1-C) Arms Act and 20 UA(P) Act) was registered by the officer-in-charge of Kakching police station.

Description of the incident

On January 19, 2009, at about 3 pm, Khumukcham Thoiba alias Tomba Singh (44) was sitting on a morha (stool) in the courtyard of his house. At that time five personnel of Manipur police commandos in mufti (civilian dresses) armed with AK-47 rifles and masquerading as cadres of Komrem underground outfit intruded and said that their leader desired to talk with Khumukcham Thoiba alias Tomba Singh. Accordingly, they asked Khumukcham Thoiba to accompany them. Khumukcham Thoiba replied that he would not go with them since he could not move his limbs properly on account of cervical spondylitis. However, the intruding commandos hauled him up by both his hands and dragged him out of the courtyard. While this was happening, his wife pleaded repeatedly with the intruding commandos. Ignoring her plea, the commandos took away Khumukcham Thoiba alias Tomba Singh. Immediately after the arrest of Khumukcham Thoiba alias Tomba Singh by Manipur police commandos, his wife informed their co-villagers about the incident. The wife of Tomba Singh was suspicious about the nature and manner of arrest of her husband, done

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stealthily without an arrest warrant. At about 4 pm of the same day, ie January 19, 2009, his wife along with her parents and members of the village authority went to the Waikhong police station in a Saktiman vehicle. After reaching the police station his wife, Leivon Rosmi Kom, and her parents reported the arrest of Khumukcham Thoiba alias Tomba Singh, by the personnel of Manipur police commandos to the officer-in-charge, Waikhong police station, and requested him to do the needful for releasing Tomba from the custody of the Manipur police commandos, which is attached to the said police station. After giving a patient hearing to the request made by Leivon Rosmi Kom as well as the village authority, the officer-in-charge of the police station instructed one of his subordinate police constables to go and check whether Khumukcham Thoiba alias Tomba Singh was in their custody or not. Thereafter, one police constable went to ascertain the same and after few minutes he came back and reported that Khumukcham Thoiba alias Tomba Singh was in their custody. Consequently, the officer-in-charge said that they would in- “I requested the officer-in-charge of terrogate the detainee to ascertain some the police station to allow me to give important facts and would be released some clothes to my husband as he the next day. Thereafter, the officer-in- had no warm clothes ... he told me charge of the police station asked Leivon to come the next morning to take back my husband and not to worry Rosmi Kom to come the next day morn- about warm clothes as there were a ing to take back her husband. lot of warm clothes in the police On the next day ie January 20, station. The next day, I was informed 2009, at around 5:30 am Leivon Rosmi that my husband had been killed last Kom, her parents and members of the night in an encounter.” village authority went to Waikhong po- Victim’s wife lice station in two vehicles, a Maruti van and a Saktiman vehicle. After reaching the police station, Leivon Rosmi Kom found the officer-in-charge reading a newspaper near the gate of the forest beat office. When Leivon

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Rosmi Kom approached him, she was informed that Khumukcham Thoiba alias Tomba Singh had been killed the previous night in an encounter with security forces at Keirak Achouba, Thoubal district. He further stated that he had already recovered the dead body of Khu- mukcham Thoiba alias Tomba Singh from the place of incident and deposited the same at the Kakching police station.

socio-economic-political background of the victim

The deceased was married, had three minor children and was settled at Umathel Village, Thoubal district, Manipur till 2005. There- after, the deceased had been staying at Mahou Tera, Wangoo Lamkhai, Chandel district, Manipur. He had been suffering from cervical spondylitis for the last 10 years and could not walk normally and required the aid of a walking stick. He had been under constant medication and was hospitalised at the Chamber of Commerce Medical Care and Research, Thangal Bazar, Imphal from August 24 to 28, 2008 for treatment. Khumukcham Thoiba alias Tomba Singh was arrested twice during his lifetime, first in the year 1993 and again in the year 1996, on the allegation that he was a cadre of KYKL, a proscribed organisation. However, he was released on bail in these two cases, as there was no prima facie evidence against the deceased. Khu- mukcham Thoiba alias Tomba Singh was a hard working manual labourer and also had been rearing pigs and chicken to eke out a living. He used to do business and even supplied goods to Assam Rifles. The deceased was an innocent, peace-loving person.

steps taken Leivon Rosmi Kom, the wife of the deceased filed a writ petition before the Hon’ble Gauhati High Court, Imphal Bench, seeking compensation and prosecution of the personnel involved in the unjustified killing.

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She had also submitted a written report to the officer-in-charge of Sugnu police station for taking necessary action and to investigate the case but the officer-in-charge did not register any case. She even tried to file a case at the Manipur High Court, however, both the state of Manipur and Union of India have prayed for time for filing their counter affidavits at present. A memorandum was given to the chief minister through the local MLA but later on it was learnt that the local MLA did not submit the same to the chief minister.

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Mohd Kamaruddin father of Mohd tajuddin of Lilong Haoreibi Mayai Leikai

Mohdtajuddin

information about the victim Name: Mohd Tajuddin Age: About 28 years Sex: Male Marital status: Married Wives: Mst Hazira and Mst Sultana Children: Sadia (4) Profession: Passenger bus driver Residence: Lilong Haoreibi Mayai Leikai, PO and PS Lilong, Thoubal district, Manipur

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incident

Extra-judicial killing of Mohd Tajuddin

Date of incident Night of December 21 and 22, 2008

place of incident Lilong Lairaba Khong near Oinam Sawombung Dam, PO and PS Lilong, Thoubal district Manipur

information on the perpetrator Alleged perpetrator: imphal West district police commandos

Description of the incident

On December 21, 2008, at about 6 am, Mohd Tajuddin (28) left home for work. He used to return home around 7 pm, bringing medicines for his parents. But on that very day he did not return home at the usual time. So, his father, Mohd Kamaruddin, began to search for him, asking his friends for information about him. The next morning, while his father was having tea at a roadside stall he met a person named Mohd Iboyai who asked him if he had heard heavy firing at the residence of Mohd Haling the previous night. Fearing for his son’s safety he renewed his search in the course of which he met his brother-in- law, Mohd Azadkhan on his motorcycle, who told him to go back to his home. Mohd Kamaruddin asked his brother-in-law whether it was true that his son was killed in a firing incident. Mohd Azadkhan told him that it was true and that he himself had gone to the spot and found his son’s driving license and slippers there. Further, Mohd Kamaruddin asked him why and how the commandos killed his son. Mohd Azad- khan replied that on that day Mohd Tajuddin was with his second wife.

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When he came to the house of his sec- “I am a diabetic and my wife is an ond wife after buying chewing tobacco asthmatic. Our son used to bring (kwa), some commandos of Imphal West our medicines every day. He left district police took him away from the the house for work saying that he house of his second wife and shot him would bring our medicines when dead with a pistol at a nearby place after he returned. However, he never returned. When we went to the forcing him down into a haystack. When place of the incident, we found his the police commandos caught him, his driving licence, some tablets of second wife, who was pregnant at that insulin and the slippers he had time, pleaded with them to release him worn lying near a pond.” but they paid no heed to her and kicked Victim’s father her which resulted in a miscarriage. The victim’s relatives immediately rushed to the Wangoi police station but were told to go to the morgue where they found 16 bullet injuries in Tajuddin’s body and his stomach was protruded.

socio-economic-political background of the victim

Mohd Tajuddin had three brothers and five sisters. He was the fourth among the siblings and the eldest of the sons. After passing class VIII, he dropped out of the school due to family’s financial constraints. Then he started to work as a handyman and supported his family from his earnings. Thereafter, he began driving a passenger bus. His father is a diabetic and could not do any sort of work while his mother suffers from asthma. He was married and is survived by two wives and one daughter.

steps taken

No report was filed in the human rights commission since the victim’s parents’ health didn’t allow it.

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nameirakpam ongbi thoibi Devi wife of n Gobind Meetei

nameirakpam Gobind Meetei

information about the victim Age: About 24 years Sex: Male Marital status: Married Wife: Nameirakpam Ongbi Thoibi Profession: Construction Worker Residence: Bashikhong Mamang Leikai, PO and PS Irilbung, Imphal East district, Manipur

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incident

Extra-judicial execution of Nameirakpam Gobind Meetei

Date of incident April 4, 2009

place of incident Near Election Office along Langol Games Village Road, PO and PS Lamphel, Imphal West district, Manipur

information on the perpetrator Alleged perpetrators: personnel of imphal West district police commandos

Description of the incident

On April 4, 2009, at about 6 pm N Gobind Meetei (24) and his cousin N Nobo Meitei went out for an evening walk when their aunt, Nameirakpam Ongbi Sanahanbi Devi met them on the way. Gobind was riding a bicycle and Nobo was on foot. Reportedly, they had tea and snacks at a local café known as Soro Hotel at the Bashikhong crossing. However, they did not come back even late into the night. The family members thought that they were perhaps participating in Thabal Chongba (a traditional dance programme). The next day, the family members became worried about the safety of the duo and started searching for them. Subsequently, they came to know from the ISTV news bulletin that they were killed in an encounter by Imphal West police commandos, near the Election Of- fice, on their way from DC Lamphel to the Game Village, Langol at around 9:45 pm of the evening of April 4, 2009. When the family

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members of the victim identified his body, it was badly bruised, with broken neck, legs and arms.

socio-economic-political background of the victim

Nameirakpam Gobind Meetei was married and his minor daughter was about 40 days old at the time of his death. His father is a mason. Gobind used to work as a construction worker (mason) along with his father. He was an innocent, peace-loving person and had no criminal antecedents whatsoever.

steps taken

A joint action committee was formed against the custodial killing of Nobo and Gobind on April 7, 2009 and a sit-in protest was staged at Bashikhong Keithel by the local women. The father of the deceased submitted a written report with the officer- “My daughter was only about in-charge, Irilbung police station. However, 40-days-old at the time of my the said officer-in-charge wilfully refused to husband’s murder. Before going accept it and thereafter, another complaint out, he had told me to prepare was submitted to the superintendent of po- dinner soon as he felt hungry ... but he did not return.” lice, Imphal East district, protesting against Victim's wife the police officer who refused to accept the written report.

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nameirakpam Lembi Devi mother of n nobo Meetei

nameirakpam nobo Meetei

information about the victim Name: Nameirakpam Nobo Meetei Age: About 28 years Sex: Male Marital status: Unmarried Profession: Farmer and labourer Education: Class X Father: N Basanta Meetei Residence: Bashikhong Mamang Leikai, Imphal East district PO and PS Irilbung, Manipur

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incident

Extra-judicial execution of Nameirakpam Nobo Meetei

Date of incident April 4, 2009

place of incident Near Election Office along Langol Game Village Road, PO and PS Lamphel, Imphal West district, Manipur

information on the perpetrator Alleged perpetrators: imphal West police commandos

Description of the incident

On April 4, 2009, at about 6 pm N Nobo Meetei (28) and his cousin N Gobind Meetei went out for an evening walk when their aunt, Nameirakpam Ongbi Sanahanbi Devi met them on the way. Gobind was riding a bicycle and Nobo was on foot. Reportedly, they had tea and snacks at a local café known as Soro Hotel at the Bashikhong crossing. However, they did not come back even late into the night. The family members thought that they were perhaps participating in Thabal Chongba (traditional dance programme). The next day, the family members became worried about the safety of the duo and started searching for them. Subsequently, they came to know from the ISTV news bulletin that they were killed in an encounter by Imphal West police commandos, near the Election Office, on the way from DC Lamphel to the Game Village, Langol at around 9:45 pm of the evening of April 4, 2009.

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socio-economic-political background of the victim

Nameirakpam Nobo Meetei was a bachelor. He was a farmer by profession, rearing pigs and cows with the help of his mother. Occasionally, he used to work as a construction worker (mason) along with his cousin Gobind. He was an innocent, peace-loving person and he had no criminal antecedents.

steps taken

A joint action committee was formed against the custodial killing of Nobo and Gobind, on April 7, 2009 and a sit-in protest was staged at Bashikhong Keithel by the local women. The father of the deceased submitted a written report with the officer-in-charge, Irilbung police station. However, the said officer-in-charge wilfully refused to accept it and thereafter another complaint was submitted to the superintendent of police, Imphal East district by post – protesting against the police officer “Why did they kill my son? Tell me who refused to accept the written report. the reason. He never stayed away late from home. He never stayed out for the night at anybody’s place. Now, I do not know what to do after losing him.” Victim’s mother

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Mst souda wife of Mohd Abdul Hakim

MohdAbdul Hakim

information about the victim Name: Mohd Abdul Hakim Age: About 27 years Sex: Male Marital status: Married Profession: Peon at Kiyamgei High School Wife: Mst Souda Children:Mohd Wasim (8) Miss Malaya (6) Mohd Naresh (3) Residence: Lilong Leihao Makhong, PO and PS Lilong, Thoubal district, Manipur

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incident

Extra-judicial execution of Mohd Abdul Hakim

Date of incident February 25, 2006

place of incident Paona Bazar near Pratap Talkies, PO Imphal, PS city police, Imphal West district, Manipur

information on the perpetrator Alleged perpetrator: personnel of imphal West district police commandos

Description of the incident

On February 25, 2006, at around 6:30-7 am, Abdul Hakim (27) went to Khwairamband Bazar with his friend Mohd Kora to buy a school bag and toys for his children. He had Rs 1,500-2,000 and a golden tal- isman with him when he left. A few hours later, at around 11:30 am, some people of Abdul’s locality informed his family that he was shot dead. Hearing this, his family members went to RIMS mortuary to ascertain the correctness of the information. At RIMS mortuary, they found the dead body of Mohd Abdul Hakim. After that Mohd Kora informed them that when they were in Paona Bazar, some personnel of Imphal West police commandos stopped them and frisked them in front of Hind Jalpan Hotel. The commandos took away all currency notes and a finger ring from the possession of Mohd Abdul Hakim. Thereafter, the commandos returned only Rs 500 to him and told him to make his purchases with that money. Then, the commandos directed

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him to leave the place and they also left the place. When they had walked about 7-8 steps the commandos again stopped them and took Abdul with them. They dragged him into a lane and shot him dead on the spot.

socio-economic-political background of the victim

Mohd Abdul Hakim was an innocent, peace-loving person and he had no criminal antecedents whatsoever. He was working in a government school as a peon. He was married and is survived by his wife and three children.

steps taken

A joint action committee against the killing of Mohd Abdul Hakim was formed and a memorandum was also given to the chief minister, Manipur asking for the reason as to why he “I had heard that a person had had been killed, by the local populace de- been shot dead, but I did not manding justice. The chief minister replied remotely imagine that it would be voicing his view that the victim was inno- him. I just went to check whose cent. Two days later, three MLAs came to dead body it was and came to Abdul’s house and gave rupees one lakh as know that it was him.” Victim's wife ex-gratia to his wife.

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thokchom ongbi Ahanbi Devi mother of thokchom Momocha singh

thokchom Momocha singh

information about the victim Name: Thokchom Momocha Singh Age: About 31 years Sex: Male Marital status: Unmarried Profession: Student Residence: Sega Road Konjeng Hajari Dhobi Machu Leirak, PO and PS Imphal, Imphal West district, Manipur

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incident

Extra-judicial execution of Thokchom Momocha Singh

Date of incident March 12, 2009

place of incident Lamdeng Lambi Khudei Khul, Lamsang PO and PS Lamsang, Imphal West district, Manipur

information on the perpetrator Alleged perpetrator: personnel of imphal West district police commandos

Description of the incident

At around 9:30 am on March 12, 2009, after having breakfast with his brother, Thokchom Momocha Singh (31) was playing tug of war with some children near the gate of his house. While he was playing he received a phone call from one of his friends with whom he had a conversation about having a grand feast at the Yaoshang festival. Around 11 am he left his house on his bicycle. He had put on his sandals when leaving the house. At 3 pm one of Momocha’s friends in the locality, Dineshchandra, heard on ISTV news programme that Momocha was killed in an encounter with Imphal West district police commandos, at Lamdeng Lambi Khudei Khul, Lamsang. Dineshchandra informed Momocha’s brother about the news. After getting the news, his family members went to RIMS mortuary to ascertain the correctness of the information. They found Momocha’s dead body at the mortuary and discovered a bullet injury in his chest.

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socio-economic-political background of the victim

Thokchom Momocha Singh was an innocent, peace-loving person. He had no criminal antecedents whatsoever. He had a keen interest in bodybuilding and used to practice regularly in his local gym.

steps taken

On March 12, 2009, a joint action committee against the killing of Thokchom Momocha Singh was formed and a memorandum was submitted to the chief minister demanding punishment of the commandos involved in the unjustified killing of Thokchom Momocha. A case has also been filed with the police. Three days later ie on March 15, 2009 the local MLA, L Jayanta Singh came to the victim’s house and gave Rs 50,000 as financial assistance on his own. Thereafter, another sum of rupees one “Momocha was playing tug of lakh was released as ex-gratia payment and war with children when he got a the family was also promised a suitable job call from one of his friends. He left home on a bicycle but never to one of the family members at the earliest returned.” available suitable vacancy but as of today no Victim's mother job has been given.

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Warokpam ongbi Menaka Devi wife of Warokpam Basanta singh

Warokpam Basanta singh

information about the victim Name: Warokpam Basanta Singh Age: About 35 years Sex: Male Marital status: Married Wife: Warokpam Ongbi Menaka Devi Profession: Rickshaw-puller Children: W Rasmi (14) W Ranibala (12) W Bindiya (10) W Bebina (8) W Mex Singh (4) Residence: Yairipok Leikhong, PO and PS Yairipok, Thoubal district, Manipur. At the time of his killing he was residing at Kwakeithel Mayaikoibi Thiyam Leikai, PO and PS Lamphel, Imphal West district, Manipur

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incident

Extra-judicial execution of Warokpam Basanta Singh

Date of incident May 26, 2008

place of incident Waikhurok in Sangaithel area at about 10 am

information on the perpetrator Alleged perpetrators: Combined team of imphal east district police commandos and 12 Maratha Light infantry police claimed that he was killed in an encounter

Description of the incident

On May 26, 2008, Warokpam Basanta Singh (35) left for work after having a short conversation with his children. He left without having his meal. After finishing household chores, Menaka, the wife of the deceased also went out for work. At around 5-6 pm Menaka returned from her work, but Basanta did not return even late into the night. Basanta used to return home at around 7 pm. So, his wife, after preparing dinner for the children, started searching for him, enquiring with her husband’s friends but they had no information about him. The next morning, she continued searching for her husband and even went to Basanta’s parental house, located at Yairipok, but there was no trace of him anywhere. Two days later, a friend of Basanta who is a rickshaw puller, informed Menaka that there was an unclaimed dead body at RIMS mortuary. He told her to go

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and see if it was her husband’s body. She visited RIMS mortuary and found her husband’s dead body there. There were nine bullet holes in his body and there were many contusions and abrasions.

socio-economic-political background of the victim

Basanta had no permanent job. He was illiterate, used to pull the rickshaw and also worked as a manual worker in order to support his family. He is survived by his wife, four daughters and a son. As a responsible mother, his wife Menaka, after completing all household chores, would go everyday to Baba Fish Centre where she worked as a cook. After finishing her work she came back home and looked after her children. This was how the family survived in the face of numerous difficulties.

steps taken

No information is available.

“After his death, I stayed at my maternal home. A few days later, some police personnel came to our house and asked my father-in-law not to allow ‘bad people’ to stay as tenants in the house. If we did, then the consequences would be bad.” Victim’s wife

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Kongkham ongbi Ganga Devi wife of K Devan singh

Kongkham Devan singh

information about the victim Name: Kongkham Devan Singh Age: 35 years Sex: Male Marital status: Married Wife: Kongkham Ongbi Ganga Devi Children: K Lamjingkhomba (8) K Lamnganba (3) Profession: Passenger Maruti van driver Residence: Bamon Kampu Mayai Leikai, PO and PS Irilbung, Imphal East district, Manipur

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incident

Extra-judicial killing of Kongkham Devan Singh

Date of incident March 7, 2008

place of incident Khongjom Patpan Lamkhai, Thoubal district, Manipur

information on the perpetrator Alleged perpetrator: personnel of thoubal district police commandos

Description of the incident

Kongkham Devan Singh (35) and his family members were staying at the house of his wife Ganga’s uncle at New Checkon. He worked as driver of a passenger van. On March 7, 2008, he left for work at around 9:30 am even though he wasn’t well. The ISTV news programme at 3 pm reported that Devan was killed in an encounter with the Thoubal district police commandos and that his dead body was deposited at the mortuary of primary health centre, Lilong. Reportedly, he was claimed to have been killed as he did not stop his vehicle when the police warned him to stop. When the body was examined, 10 bullets injuries were found. His knee was also broken and so also his hands. The family members went there and claimed his dead body. According to the police, he was killed along with a Kuki militant, as the victims did not stop their vehicle despite police warning, at Khongjom Patpan Lamkhai.

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socio-economic-political background of the victim

Devan had a very challenging time as he was the sole bread earner of the family. For earning his livelihood he drove a taxi van. Komkham Ongbi Ganga Devi, wife of the deceased, became blind after the birth of her first son. Thereafter, Devan had been taking care of his blind wife. In the morning he would do the entire household chores; cooking, washing and attending to wife and children. Thereafter, he would go out for work and come back home in the evening to perform evening household chores. He was also the secretary of the Maruti Van Drivers Association, BOC. Now, Ganga lives with her three younger brothers and grandmother at Konjeng Leikai, Club Keithel, Imphal. One of her brothers is mentally unstable. She is assisted by her two brothers at present. Her elder son, Kh Lamjingkhomba is eight years old, studying in class II and her three year old younger son Kh Lamnganba stays at home with her. She is surviving on a small financial assistance of Rs 1,500 a month from an NGO.

steps taken

A joint action committee was formed and the members of the committee went to the local MLA, Nandakeshore Singh complaining about the incident. A memorandum was also submitted to the chief minister, Manipur. The chief minister promised the family a job and ex-gratia. Then on March 25, 2008, when his wife went along with the local MLA Nandakeshore Singh to meet the chief minister, he (chief minister) said that he would give her rupees one lakh from his pocket. So as a token of acceptance he asked her to put her signature. But she refused to do it.

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The MLA fulfilled his promise by giving the said sum of Rs 50,000. He further asked the victim’s wife to work as a teacher in the government blind school and teach blind students up to primary level.

“Now I live a very hard life. My mother is also a housewife. My father is a farmer and one of my brothers has psychiatric problems.” Victim's wife

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Chongtham ibenungshi Devi mother of Ch Umakanta singh

Ch Umakanta aliasManaoton singh

information about the victim Name: Chongtham Umakanta alias Manaoton Singh Age: About 24 years Father’s Name: Chongtham Gunamani Marital status: Married Wife: Chongtham Ongbi Hemabati alias Ichan (23) Children: 10-month old son Profession: ISTV cable man Eduction: School dropout Residence: Iroisemba Mamang Leikai, Imphal West district, Manipur

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incident

Extra-judicial execution of Chongtham Umakanta alias Manaoton Singh

Date of incident May 5, 2009

place of incident Seilen Chingkhong near Seijang Village under Lamlai PO, Imphal East, Manipur

information on the perpetrator Alleged perpetrator: Combined team of thoubal district police commandos and 28 Assam Rifles

Police claimed that Umakanta was killed in an encounter that took place at around 4:15 am of May 5, 2009, at Seilen Chingkhong near Seijang Village, Lamlai police station, Imphal East district and that they recovered one pistol loaded with two live rounds of ammunition and three cartridges from him.

Description of the incident

On May 4, 2009, at around 9:20 pm, Chongtham Umakanta alias Manaoton Singh (24) left home after receiving a phone call on his mobile. When he left the house he had with him Rs 7,000 for the cable connection and also had a gold ring. Thereafter, he along with two unknown persons went to the house of Chanam Nanao (in the same locality) and had dinner there. After dinner, at around 9:45 pm some

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police commandos in uniform and some “The policemen in civil dress whisked away Umakanta. They also men in civilian dress looking like police wanted to take Nanao with them, but personnel, arrived, entered the house and he was eventually spared because called Umankanta and the other two per- his family members protested.” sons to come out of the house. When they Victim’s mother tried to take away Nanao too, his mother and grandmother – tried to stop them but both of them were beaten up and Nanao fell at the feet of his grandmother saying that he would not go with them. Anyway, the police whisked away Umakanta. At around 11:30 pm, Nanao’s family informed Umakanta’s family that he had been picked up by police commandos. Thereafter, Guna, Umakanta’s elder brother, informed an advocate, Mr Amujao, about his brother’s arrest. The advocate responded that it was late at night and no officer concerned could be contacted at that hour. No action was taken that night and the necessary legal procedure was pursued only the following morning. On May 5, 2009, the family came to know from the local daily newspaper that he was shot dead at Seilen Chingkhong near Seijang Village under Lamlai police station of Imphal East district and the dead body was deposited at the RIMS mortuary.

socio-economic-political background of the victim

Umakanta was a former KYKL cadre who was arrested and lodged in jail. Subsequently, he left the outfit. Some seven months before his final arrest, he was again arrested by the police commandos from the Naoremthong area. After being released from jail, he attended the court regularly on routine appearance as directed by the concerned authority.

steps taken

No information is available.

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thangjam ongbi ibemcha Devi wife of thangjam tiken singh

thangjam tiken singh

information about the victim Name: Thangjam Tiken Singh Age: About 35 years Sex: Male Marital status: Married Profession: Carpenter Wife: Thangjam Ongbi Ibemcha Devi, age about 35 years Children: Thangjam Luckeboy (14, Class IX at Tiny Tots school) Thangjam Reema Devi (6, class nursery, Holli English school, Soibam Leikai) Residence: Khurai Puthiba Leikai, PO and PS Porompat, Imphal East district, Manipur

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incident

Extra-judicial execution of Thangjam Tiken Singh

Date of incident June 9, 2008

place of incident Langthabal Meitei Lamkhai PO and PS Singjamei Imphal West district, Manipur at about 11:30 am

information on the perpetrator statement claiming that he was killed in an encounter

Description of the incident

On February 9, 2008, at around 11 am after having lunch, Tiken (35) went to pay a sum of Rs 8,800 for wood he had purchased from M/s Chand Saw Mill at Telipatti. He was also carrying an additional sum of Rs 20,000 in his pocket. When he was leaving for Telipatti, he told his wife that he would go to Kwairamanband Bazar with her after returning from Telipatti. At around 3 pm, Tiken’s brother-in-law, Heikrujam Raghu Singh from Kongpal Laishram Leikai, came to Tiken’s house and told Tiken’s wife, Ibemcha, that Tiken had been arrested by a group of policemen, who were wearing civilian dress. Being helpless, Ibemcha went to her sister Premabati Devi and asked for help. Both Ibemcha and her sister Premabati started searching for Tiken at his friends’ houses but they could not find him. They also made calls to the different police stations asking for his whereabouts, but they were informed that he had not been brought to any police station.

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The next morning at around 3 am, Ibemcha received a phone call from Tiken’s elder sister, who informed her that Tiken had been killed and his dead body was at RIMS mortuary. At that time, Ibemcha was not at home as she was searching for her husband day and night and was staying over at her sister’s house at Kongpal. After hearing the news, she sent Tiken’s brother, Wangbam Momo, to RIMS mortuary. When Momo reached the mortuary he found Tiken’s dead body there.

socio-economic-political background of the victim

Thangjam Tiken Singh was a carpenter by profession. His wife Ibem- cha wove silk thread and contributed to the family’s sustenance. Tiken had taken a loan of Rs 30,000 from UNACCO, a private financial institution, to run his small business, to support his family. He had also hired two workers to work with him.

steps taken

The local people staged a demonstration in the form of a sit-in protest and shops and business establishments of Khurai Lamlong Bazar were also shut down in protest against the killing of Thangjam Tiken Singh, on June 9, 2008.

“I received a call from my husband’s elder sister. She told me that my husband had been killed and his dead body was in RIMS mortuary.” Victim's wife

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Yumnam inaobi Devi mother of Yumnam nanao singh

Yumnam nanao singh

information about the victim Name: Yumnam Nanao Singh Age: About 18 years Marital status: Married Profession: Construction worker Mother: Yumnam Inaobi Devi Residence: Kwakeithel Mayai Koibi Ningthoujam Leikai, PO and PS Lamphel, Imphal West district, Manipur

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incident

Extra-judicial execution of Yumnam Nanao Singh

Date of incident December 26, 2008

place of incident Chingnongkok, PO and PS Lamlai

information on the perpetrator Alleged perpetrator: the police claimed that Yumnam was killed in an encounter with a combined team of imphal West district police commandos and 23 Assam Rifles, around 4:30 am on December 26, 2008, at Chingnongkok, po and ps Lamlai, imphal east district

Description of the incident

On December 26, 2008, Yumnam Nanao (18) went to Khwairamband Keithel with a sum of Rs 150 to buy some second hand clothes for his cousin (son of his uncle). As he did not return by sunset, his mother, Inaobi Devi, started looking for him at the houses of his friends and neighbours, but she could not trace him. The next day, a team of Lamlai police came looking for Yumnam Nanao but they went back as they could not locate his house. On December 29, 2008, a woman from the locality told Inaobi Devi that a team of Lamlai police had come looking for Yumnam Nanao. On hearing this news Inaobi Devi became suspicious and went to the RIMS mortuary. On reaching there, she found her son’s dead body, whereupon she fainted since the body had been brutally disfigured; one of the eyes was protruding, the limbs were broken and the stomach was held together with a rope.

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socio-economic-political background of the victim

Yumnam Nanao Singh was the eldest of his four brothers and sisters. As his father expired during his childhood, he was struggling against all odds to support his family. Dropping his studies midway, he became a construction worker to look after his family. Though his mother was not keeping well due to old age she also contributed to the family income by making handloom, sarongs (phanek). As the family did not even have their own homestead land, it resided with Inaobi Devi’s younger sister. Now, the family is in great financial distress.

steps taken A joint action committee was formed and a memorandum was submitted to the chief minister of Manipur through local MLA but he himself never turned up.

“I found my son’s dead body. On seeing his lifeless body I fainted. My son was killed brutally; one of his eyes was protruding, his limbs were broken and his stomach was held together with a rope.” Victim's mother

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Khamnam subadani Devi wife of Khamnam santanu singh

Khamnam santanu singh

information about the victim Name: Khamnam Santanu Singh Age: 43 years Sex: Male Marital status: Married Profession: Construction worker Wife: Khamnam Ongbi Subadani Devi Children: Kh Suresh Singh (17) Kh Sidash Singh (13) Residence: Irilbung Katilea, PO and PS Singjamei, Imphal East district, Manipur

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incident

Extra-judicial execution of Khamnam Santanu Singh

Date of incident October 24, 2009

place of incident Naharup, PO and PS Porompat, Imphal East district, Manipur

information on the perpetrator Alleged perpetrator: personnel of imphal east district police commandos

Description of the incident On October 24, 2009 at around 4 pm Khamnam Santanu Singh (43) left his house saying he was going to collect wages from Thokchom Tenjin of Kongba Kshetri Leikai for the construction of a latrine and bathroom. When he did not return home by sunset, his wife started searching for him, seeking information from friends and relatives but could find no trace of him. The next day at about 2 am, she went to the house of Thokchom Tenjin at Kongba Khetri Leikai to inquire if her husband had visited there. Tenjin’s wife informed her (Santanu’s wife) that Tenjin had not returned home since the previous morning. Tenjin’s wife said that they had another house. So Tenjin’s wife and Subadani Devi went to Tenjin’s other house in search of their husbands. Not finding them there they turned back to Tenjin’s first house. On the way they met Santanu’s brother and he joined them. They purchased local newspapers and found a news report stating that two unknown persons had been killed in an encounter with Imphal East

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district police commandos. The report also said that the dead bodies were deposited at RIMS mortuary. Thereafter, Santanu’s brother visited the RIMS mortuary and found the dead bodies of his brother Santanu and Tenjin.

socio-economic-political background of the victim

Khamnam Santanu’s mother died when he was young. He got married and lived with his brother and sister in very difficult circumstances. He struggled hard to make the both ends meet and was hopeful that unlike himself, he could give his children proper education. He worked as a mistry (mason).

steps taken

On October 25, 2009 the local populace staged a demonstration in the form of sit-in-protest against the extra-judicial killing of Santanu. On October 26, 2009 a memorandum was submitted to the chief minister, Manipur demanding a judicial inquiry, to register a criminal case against the perpetrators and to pay compensation of Rs five lakh. The memorandum was not accepted by the chief minister. A report was filed with the police too. However, no positive action has so far been taken.

“Now, I am helpless. I am confused and at a loss as to how I am going to support my family and educate my children, who have lost their father... our petition was not even accepted by the chief minister.” Victim's wife

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Urikhimbam Memchoubi Devi mother of Urikhimbam premananda singh

Urikhimbam premananda singh

information about the victim Name: Urikhimbam Premananda Singh Age: 25 years Sex: Male Marital status: Unmarried Profession: Self-employed Residence: Sekmaijing Khunou, PO and PS Kakching, Thoubal district, Manipur

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incident

Extra-judicial execution of Urikhimbam Premananda Singh

Date of incident February 20, 2001

place of incident Ishock Chingphou PO and PS Bishnupur, Bishnupur district, Manipur

information on the perpetrator Alleged perpetrator: personnel of 8 Assam Rifles

Description of the incident

On February 20, 2001, Premananda (25), the eldest son in his family, was woken from sleep by his cousin, U Priyokumar, at around 6 am. After conversing for sometime they went out together. At around 9 am, one Lala (Shopkeeper) informed the people of the locality that both Priyokumar and Premananda were arrested by some personnel of Assam Rifles. Immediately, angry residents of Sakmaijing Khunou blocked the main road in order to save both the arrested persons from the clutches of the personnel of the Assam Rifles. There was another road on the eastern side of the blocked road and both the arrested persons were taken away by the Assam Rifles personnel through this road. Having no other alternative, the villagers went to meet their local MLA, Maibam Kunjo, and reported the incident to him. Thereafter, the MLA made several telephone calls to various outposts of Assam Rifles to obtain information about the fate of the arrested persons but

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entire exercise was futile. The next day, there was a report in local newspaper that two militants were killed in an encounter with Assam Rifles at Ishock Chingphou under Bishnupur police station. Thereafter, the family members visited RIMS mortuary and found their dead bodies there.

socio-economic-political background of the victim

After completing his BSc Degree from Kha Manipur College, Premananda was running a fish farm and growing vegetables to help his parents augment family income. He was also a gymnast. He was working as convener of the Sakmaijing Khunou Development Com- mittee, a voluntary development organisation. He had never been arrested by police earlier and had no criminal record whatsoever in the past.

steps taken

A report was submitted to the Mayang Imphal police station for taking necessary legal action but no action was taken.

“There was a report in the local newspaper that two militants were killed in an encounter. Suspecting foul play, we visited the RIMS mortuary and found the dead bodies of our son and his friend there.” Victim's mother

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Laishram Chaoba Devi wife of Laishram ibobi singh

Laishram ibobi singh

information about the victim Name: Laishram Ibobi Singh Age: 25 years Sex: Male Marital status: Married Profession: Small proprietor Father: Laishram Mangi Singh Wife: L Ongbi Chaoba Devi (33) Residence: Wangjing Sorokhaibam Leikai

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incident

Extra-judicial execution of Laishram Ibobi Singh

Date of incident January 22, 2008

place of incident Tera Sadokpham Imphal West

information on the perpetrator Alleged perpetrator: personnel of imphal West district police commandos

Description of the incident

On January 22, 2008, at about 2:30 pm, Laishram Ibobi Singh (25) went on his Honda Activa scooter, carrying a sum of Rs 25,000, to pur- chase some gold items for his jewellery shop from a shop in Waheng- bam Leikai. When he did not return by sunset his wife became anxious because he had never stayed out so late. On the same day, at about 10 pm, one of his brothers-in-law called her up and informed her that the ISTV news bulletin had reported that Ibobi was shot dead by Imphal West police commandos in an alleged encounter at Tera Sadokpham, Imphal West district. The next day, the family members visited the RIMS mortuary and found Ibobi Singh’s dead body, which had been deposited there by the Imphal West district police commandos.

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socio-economic-political background of the victim

Laishram Ibobi Singh was a simple and innocent person. He hailed from Wangjing Sorokhaibam Leikai and was the fourth and youngest son of his parents. After passing the tenth standard, he tried unsuc- cessfully to join as a sepoy in the Indian Reserve Battalion to support his family. Due to extreme poverty, he came to Imphal where he shared a rented house with his three elder brothers and initially earned his living by pulling a rickshaw. After years of struggle, he opened a jewellery shop in order to eke out a living.

steps taken

A joint action committee was formed by the local people demanding justice.

“My husband did not return even by sunset. He never stayed out that late. I began to panic. Late in the evening, one of our relatives called me and informed me that he had been shot dead.” Victim’s wife

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Kshetrimayum prem singh younger brother of Kshetrimayum Gobind singh

Kshetrimayum Gobind singh

information about the victim Name: Kshetrimayum Gobind Singh Father: Kshetrimayum Gouramani Singh Age: About 29 years Sex: Male Marital status: Married Profession: No permanent job Wife: Kshetrimayum Ongbi Indira Devi Children: Kshetrimayum Kitturaj (Two-and-half years) Residence: Keishamthong Hodam Leirak, Imphal West district, Manipur

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incident

Extra-judicial execution of Kshetrimayum Gobind Singh

Date of incident September 8, 2009

place of incident Awang Khunou, PO and PS Patsoi, Imphal West district

information on the perpetrator Alleged perpetrator: Combined team of imphal West police commandos and 12 Maratha Light infantry

According to sources from Patsoi police station, on September 8, 2009, at about 11 pm an encounter took place at Awang Khunou village in which a combined team of Imphal West district police commandos and personnel of 12 Maratha Light Infantry killed two armed youth. One Yamaha Enticer motorcycle (MN-01N/0335) and two pistols with magazines, each loaded with ammunition, were recovered from the site of the encounter. In this regard a regular case under FIR No 53 (9) 09 Patsoi PS U/S 121/121-A/307/34 IPC, 25 (1- C) Arms Act has been registered against the two deceased persons. The deceased later on were identified as (i) Mr Kshetrimayum Gobind Singh and (ii) Mr Ngasepam Danny alias Bode Singh, aged about 26 years, S/o Ng Achou Singh of Sega Road Khwairakpam Leikai, Imphal West district, Manipur.

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Description of the incident On September 8, at around 5:30 pm, Kshetrimayum Gobind Singh (29) along with his friend Ngasepam Danny alias Bode Singh had gone out together on his younger brother, Premkumar Singh’s, Yamaha En- ticer motorcycle, bearing registration No MN-01N/0335, to collect money from various shops to which he delivered mobile phone recharge coupons. When leaving his home, Gobind Singh told his wife that he would return soon after collecting the money. Around 6:20 pm that evening, “Gobind had been trying hard to keep his younger brother, Premkumar Singh, up his house by selling recharge called him on his mobile phone and asked coupons with the help of a loan. That day I called him at 6.20 pm. He said him to bring back his motorcycle but that he would be back after Gobind replied that he would be back collecting money, but...” after collecting money from two more Victim's brother shops. After a while, calls to his phone could not be made, nor were SMSs being delivered as his phone was switched off. After that, a person who worked in the village defence force (VDF) in Patsoi police station and was well acquainted with Indira Devi, wife of Gobind Singh, called up at her maternal house saying that he had come across Indira’s photographs in a wallet found from the possession of a body, which was recovered from the place of an encounter. Indira’s mother called her and conveyed the information. The next day, Gobind’s family members visited the mortuary of the RIMS Hospital, Lamphelpat, and found his dead body there.

socio-economic-political background of the victim

Kshetrimayum Gobind Singh was an innocent, peace-loving person and he had no criminal antecedents whatsoever. He used to supply mobile phone recharge coupons to various shops and reared pigs at

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home to earn his livelihood. Every day, he went out in the morning to deliver recharge cards to the shops and in the evening went to collect the sale proceeds. Gobind Singh got married about three years before his murder and has one son. He had started the business of selling mobile phone recharge coupons after taking a loan from UNNACO, a private financial institution. Gobind’s father used to work as BHM in Manipur Rifles. Gobind was the eldest of three brothers.

steps taken

On September 9, 2009, a joint action committee against the brutal killing of Gobind was formed by local people to protest against the killing of Gobind and his friend Danny alias Bode Singh. The JAC submitted a memorandum to the chief minister, Manipur, demanding justice and reparation. However, no positive action has so far been taken by the government. Local MLA, Jayentakumar, gave Rs 1,00,000 as financial help from his pocket. A written report was submitted to the officer-in-charge Patsoi police station but no case is registered till date.

“Gobind was an innocent and peace-loving person. He had no criminal antecedents whatsoever. He used to supply mobile phone recharge coupons to various shops and reared pigs at home to earn his livelihood.” Victim's brother

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salam ongbi Mamtombi Devi mother of salam Jingo alias Gurung singh

salam Jingo alias Gurung singh

information about the victim Name: Salam Jingo alias Gurung Singh Age: About 26 years Sex: Male Marital status: Unmarried Profession: Carpenter Parents: Salam Ibochou Singh and Salam Ongbi Mamtombi Devi Siblings: Four brothers and one sister Residence: Sagolband Maisnam Nongthombam Leikai, PO and PS Imphal West district, Manipur

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incident

Extra-judicial execution of Salam Jingo alias Gurung Singh

Date of incident December 28, 2008

place of incident Leimakhong Mapal, Lamlai PS and Lamlong PO, Imphal East district

information on the perpetrator Alleged perpetrator: Combined team of imphal West district police commandos and 23 Assam Rifles

On December 28, 2008, at 5:20 pm, M Premkumar Singh, assistant sub-inspector of Manipur police commandos, Imphal West, lodged a false report to the officer-in-charge, Lamlai police station stating inter alia that on December 28, 2008, at about 3:05 pm he received reliable information that active members of KCP (MC) terrorist organisation were loitering in and around Leimakhong Mapal and Laikot village for executing pre-judicial activities like extortion of money, kidnapping of innocent people for ransom, etc. On receipt of the information, a joint team of commando unit of Imphal West and a column of 23 AR personnel rushed to the area. On the way, in between the inter-village road of Leimakhong Mapal and Laikot village, at around 4:55 pm they saw two unknown youth moving on a motorcycle in a very suspicious manner from Leimakong Mapal towards Laikot village. The two unknown youth did not stop when asked to do so for verification and instead they sped their motorcycle. The duo was then chased by the combined

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team. After about half a kilometre, the youth jumped down from their vehicle and opened fired on the police. Immediately, the combined team retaliated after taking position. During the encounter, the two armed youth were killed on the spot and the encounter lasted about five minutes. On searching the area after the encounter, one 9-mm pistol with magazine having four live rounds was recovered from one dead body that was clad in cargo pants and Adidas shoes, and one .32 auto pistol with magazine having two live rounds was recovered from the other dead body, dressed in black trousers. One black Karizma motorcycle bearing registration No MN 06 S 4512 and one empty case of .32 ammunition were recovered from the spot. Consequently, the officer-in- charge, Lamlai police station, without ascertaining the correctness of the contents of the written report, had registered a regular case under FIR No 158 (12) 08 LLI PS U/S 307/34 IPC, 20 U A (P) Amnd- ment Act, 2004 and 25 (1-C) Arms Act.

Description of the incident

On December 28, 2008, in the morning, while Salam Jingo alias Gu- rung Singh (26) was in his house, one of his friends, Soubam Baocha alias Shachuinta, visited him. Thereafter, they went out from the house but Gurung did not return even late in the evening. So his family members became restless and started searching for him. However, all their efforts went futile. The next day the family members came to know that two unknown youth were killed at Leimakhong Mapal by security forces and their dead bodies were kept at the mortuary of RIMS, Lam- phelpat.The family members visited the mortuary and found the bullet-riddled dead body of Salam Jingo alias Gurung Singh along with that of his friend Shachuinta there. Thereafter, the family members ascertained that on December 28, 2008, at about 8:50 am, Salam Jingo alias Gurung Singh along with his friend had proceeded to Hyatt

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Restaurant along with one Moirangthem Rakesh Singh. They reached there at around 10:30 am for meeting with one Km Sagolshem Priya Devi, a girl known to Salam Jingo alias Gurung Singh. At this restaurant, they met with Priya Devi and conversed for sometime. Thereafter, at around 1 pm, Salam Jingo along with Soubam Baocha left the place on a Karizma bike, bearing registration No MN 06 – S – 4512, owned by Moirangthem Rakesh Singh, saying that they would return very soon after purchasing momos (Tibetan dish, consisting of a steamed ball of dough with meat inside) from Nikhil Café, North AOC, Im- phal. However, they did not come back at the restaurant as they were abducted by some security personnel while on their way to get momos. At around 3:30 pm of the same day, ie December 28, 2008, after abducting the duo, the personnel of Manipur police commandos and 23 Assam Rifles took them to Leimakhong Mapal village, Imphal East district along its inter-village road. This incident was witnessed by several villagers of Leimakhong Mapal village who had been working in the nearby agricultural fields. The villagers had witnessed three vehicles—one white Maruti Gypsy with Manipur police commandos, followed by two medium-sized trucks with 23 Assam Rifles personnel—come along the inter-village “There was a bullet injury on the road of Leimakhong Mapal. The villagers ventral side of the body but no bullet also saw the said duo (ie Soubam Baocha hole in the sweater. He had also got alias Sachuinta and Salam Jingo alias Gu- bullet on his forehead. His neck and rung Singh) on the Karizma motorcycle legs were all broken and his neck had been slashed by a knife.” between the Maruti Gypsy and the Victim's mother medium sized trucks. The duo was taken to a secluded place at the foothill of Huimei Ching along the inter-village road of Leimakhong Mapal. Here they were tortured severely and subsequently killed by firing several bullets one after another. This fact is vividly confirmed by the torture marks found on the dead body of the

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deceased, such as, severe lacerations over several parts of the body. Over and above this, there were multiple bullets wounds on his chest, arms, back etc., while his clothes were untouched. At the same time no dam- age was found on the said Karizma motorcycle.

socio-economic-political background of the victim

Salam Jingo alias Gurung Singh was the fifth son of Salam Ibochou Singh and Salam Ongbi Mamtombi Devi. From his childhood, Salam Jingo alias Gurung was very active in all extra-curricular activities. He had a good moral character and was always well regarded by his elders and family members. His eldest brother, S Nando Singh who is a CRPF personnel, guided him from his childhood. As Jingo was not well educated, his elder brother took him to Assam where he was posted and made him work in a factory. There he worked for about one year. Later, Gurung went to Tripura where he worked at a shop owned by one of his relatives. Afterwards, he came back from Tripura and worked as a Jugali (helper) to start his earnings.

steps taken

On December 31, 2008, Soubam Bihari Singh, father of Soubam Baocha alias Sachuinta and Salam Mamtombi Devi, mother of Salam Jingo alias Gurung Singh, jointly lodged a written report with the officer-in-charge, Lamlai police station, stating inter alia that their sons namely Soubam Baocha alias Sachuinta and Salam Jingo alias Gurung Singh were killed by Manipur police commandos and 23 Assam Rifles by indiscriminate firing. It is also stated that this case is a clear-cut case of causing death intentionally without due process of law and they had committed an offence punishable under sections 302 and 34 of the In- dian Penal Code. They requested the registration of a case against the

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culprits. However, the written report has not yet been attended to and no case has been registered on the basis of the written report for which no reason has been disclosed. A case has

also been filed before the National “One of my neighbours informed us Human Rights Commission. There was a about a report in the newspaper sit-in-protest by the local people in protest which said that Gurung was dead. against the action of the commandos. The Hearing the news, I went running KCP (MC) also clarified through local out, but accidentally hit the gate and broke my teeth.” newspapers that Gurung did not have any Victim's mother link with them.

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p ongbi Anju Devi wife of pallungbam Kunjabihari alias Abung singh

pallungbam Kunjabihari alias Abung singh

information about the victim Name: Pallungbam Kunjabihari alias Abung Singh Age: About 32 years Sex: Male Marital status: Married Profession: Shopkeeper Wife: Pallungbam Ongbi Anju Devi Children: P Lakmirani Devi (5) P Bashirani Devi (One-and-half years) Residence: Lairikyengbam Makha Leikai PO and Lamphel PS, Imphal West district, Manipur

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incident

Extra-judicial execution of Pallungbam Kunjabihari alias Abung Singh

Date of incident January 21, 2009

place of incident Makhan Village Kanlatombi under the Kangpokpi police station

information on the perpetrator Alleged perpetrator: Combined team of imphal West district police commandos and 16 Assam Rifles

A false written report was lodged with the officer-in-charge, Sekmai police station, stating inter alia that two unknown militants were killed in an encounter at Kanglatongbi Makhan road. On the basis of the report, the officer-in-charge, Sekmai police station registered a regular case under FIR No 7(1)09 Sekmai PS U/S 307/34 IPC, 25 (1-C) Arms Act, 16/17 UA(P) Act and 5 Expl Sub Act against the deceased persons, which is contrary to the relevant provisions of law.

Description of the incident

On January 21, 2009, in the morning, Pallungbam Kunjabihari alias Abung Singh (32) had gone out from his house along with his friends, Maisnam Ibopishak Singh, Ningombam Mohen Singh and Ningth- oujam Ananda Singh. At around 3:30 pm Kunjabihari’s brother, Joyku-

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mar received a phone call from someone saying that his brother Kun- jabihari and his friend Ananda had been arrested by the police. His family later on ascertained that on January 21, 2009, at about 1:30 pm, Pallungbam Kunjabihari Singh was apprehended along with one Ningthoujam Ananda Singh by some Manipur police commandos from the campus of DM College and taken into their white Maruti Gypsy. Thereafter, the Maruti Gypsy crossed the eastern gate of DM College and drove north along national highway No 39. This fact was witnessed by Ningombam Mohen Singh and Maisnam Ibopishak Singh. Thereafter, they were killed by a combined team of Manipur police commandos and 16 Assam Rifles in a fake encounter at Kanglatongbi Makhan road on January 21, 2009.

socio-economic-political background of the victim

Pallungbam Kunjabihari Singh was the sixth of Pallungbam Pishak Singh and Pallungbam Pishak Macha Devi’s seven children. As it was a large family, the parents struggled to make the both ends meet. Kun- jabihari from childhood had great interest in the game of Thang–Taa, (a Manipuri martial art) had received many national awards of participation in “After I saw his dead body I suffered national level competitions. After that he a lot, and I am still suffering. As I’m still young, my family does not allow was married to Pallungbam Ongbi Anju me to go out of the house and earn Devi and started his own family. Even money. I have three sisters-in-law. after marriage, he continued to play They are now running the family with Thang–Taa. To eke out a living, he ferried their meager income. One of my children of TG Higher Secondary School sisters-in-law has been suffering and another school at Moirangkhom. He from kidney failure; she is in hospital also managed a poultry farm of around and survives only because of regular dialysis.” 300 birds at his home. Victim’s wife

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steps taken

On January 22, 2009, Pallungbam Kunjabihari Singh’s wife, P Ongbi Anju Devi tried to lodge a written report to the officer-in-charge, Sek- mai police station. However, the said officer-in-charge refused to receive the written report without assigning any reason. Thereafter, another written report about the incident was formally lodged to the superintendent of police, Imphal West district, Manipur. Similarly, a written complaint was also lodged with the director general of police, Manipur. On January 22, 2009, a memorandum was submitted to the chief minister of Manipur by the joint action committee formed by the local people demanding justice and reparation. P Ongbi Anju Devi inquired into the incident individually and ascertained that villagers of Kanglatongbi Makhan road had witnessed the killing of her husband after he was dragged from the vehicle of the security forces. On No- vember 12, 2009, the district magistrate, Imphal West district, Manipur issued a notification notifying the order of Government of Manipur for a magisterial inquiry into the death of Pallungbam Kunjabihari alias Abung Singh. This inquiry was instituted as per direction issued by the National Human Rights Commission. A joint action committee was formed immediately after the killing and one of the victim’s sisters was the assistant secretary of the committee. Then, the committee members went to meet the local MLA, Biren, at his house but they could not meet him. After three days the members of JAC went to meet with the local MLA again. This time, they met the MLA and he advised the JAC to take back the dead body as the victim’s wife was pregnant at that time.

“I was pregnant at that time. I delivered the baby on the day of my husband’s shradha.” Victim’s wife

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seram ongbi sunita Devi wife of s priyokumar singh

seram priyokumar singh

information about victim Name: Seram Priyokumar Singh Age: 41 years Sex: Male Marital status: Married Profession: Manual labourer Wife: Seram Ongbi Sunita Devi Children: Two minor children Residence: Urup Litan Makhong, Imphal East district, Manipur

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incident

Extra-judicial execution of Seram Priyokumar Singh

Date of incident June 1, 2009

place of incident Maipi Angbrasu Track under the Tengnoupal police station, Chandel district, Manipur

information on the perpetrator Alleged perpetrator: personnel of 20 Assam Rifles

Assam Rifles PRO issued a press release stating that the two suspected UG cadres were slain in an encounter with troops of 20 Assam Rifles at Maipi Angbrasu Track, on the night of June 1, 2009. The encounter ensued when troops of 20 Assam Rifles, acting on specific information, launched search operations in the area. The troops observed two individuals moving on Maipi Angbrasu track, at about 9:30 pm. On being challenged, the individuals opened fire and tried to flee taking advantage of thick foliage. The troops that were lying in bushes came out to flank the militants and shot dead both the UG cadres and recovered one G-3 rifle, two magazines, three live rounds, one lathode and two lathode bombs.

Description of the incident

On June 1, 2009, at around 6 am, Seram Priyokumar Singh (41) went out along with Laishram Keshorjit Singh to Moreh, a border town

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between Manipur and Myanmar. Priyokumar Singh was accompany- ing Keshorjit Singh who was going to buy some goods for his grocery shop and for household use. He left home with a sum of Rs 5,000 for buying some household items from Moreh. Thereafter, the family members heard the news on an AIR bulletin of the killing of two suspected militants in an encounter under Tengnoupal police station. Owing to such daily violence and suspecting foul play, the family rushed to the RIMS Hospital mortuary on June 2, 2009. There, the family found the dead bodies of the two. Contrary to the Assam Rifles allegation, reports in the local media claimed that the two victims were pulled down from a passenger bus at Tengnoupal checkpost on the way to Moreh on June 1, 2009, by the Assam Rifles personnel. The dead bodies bore signs of severe torture by way of broken neck, protruding eyes, burnt skin, etc. Priyoku- mar’s body at the mortuary had boots on whereas he left home wearing chappals. He was brutally killed with eyes bulging out, neck and limbs twisted and skin burnt.

socio-economic-political background of the victim

The deceased was an innocent person and had no criminal antecedents whatsoever. He worked as a mason to earn a living.

steps taken

On June 3, 2009, a joint action committee against the brutal killing of Seram Priyokumar and Laishram Keshorjit was formed by the local people and a memorandum was submitted to the chief minister, Ma- nipur, in connection with the incident. Contending that both the deceased were innocent individuals, a large number of people of Urup Litan Makhong under JAC tried to make their way towards the chief

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minister’s bungalow and demanded appropriate action against the Assam Rifles. After initially refusing to take possession of the dead bodies, on June 4, 2009, the families of the deceased relented on the intervention of the local MLA and the last rites were performed.

“His body at the mortuary had boots on whereas he left home wearing chappals. He was brutally killed – eyes bulging out, neck and limbs twisted and skin burnt.” Victim’s wife

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Laishram ongbi prema Devi wife of L Keshorjit singh

Laishram Keshorjit singh

information about the victim Name: Laishram Keshorjit Singh Age: 40 years Sex: Male Marital status: Married Profession: Grocerykeeper Wife: Laishram Ongbi Prema Devi Children: Two minor sons Residence: Urup Laishram Leikai but the family presently residing at Urup Litan Makhong, Imphal East district, Manipur

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incident

Extra-judicial execution of Laishram Keshorjit Singh

Date of incident June 1, 2009

place of incident Maipi Angbrasu Track under the Tengnoupal police station, Chandel district, Manipur

information on the perpetrator Alleged perpetrator: personnel of 20 Assam Rifles

Description of the incident

On June 1, 2009, at around 6 am, Laishram Keshorjit Singh (40) left with Seram Priyokumar Singh for Moreh, a border town between Ma-

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nipur and Myanmar to buy some goods for “Reports in the media said that his grocery shop and for household use. He the victims were pulled down from left his house with a sum of Rs 20,000. a passenger bus at Tengnoupal Thereafter, the family members heard the checkpost on the way to Moreh by news on an AIR bulletin of the killing of the Assam Rifles personnel.” two suspected militants in an encounter Victim’s wife under Tengnoupal police station. Owing to such daily violence and suspecting foul play, the family rushed to the RIMS Hospital mortuary on June 2, 2009. There, the family found the dead bodies of the two. Contrary to the Assam Rifles allegation, reports in the local media claimed that the two victims were pulled down from a passenger bus, at Tengnoupal checkpost on the way to Moreh on June 1, 2009, by the Assam Rifles personnel. The dead bodies bore signs of severe torture by way of broken neck, protruding eyes, burnt skin, etc. Keshorjit’s face was burnt by a burner lamp. When he left home he was wearing chappals but the body at the mortuary had boots on.

socio-economic-political background of the victim

The deceased was an innocent person and had no criminal antecedents whatsoever. He had been running a small grocery shop at Urup Litan Makhong, Imphal East district, Manipur.

steps taken

On June 3, 2009, a joint action committee against the brutal killing of Laishram Keshorjit and Seram Priyokumar was formed by the local people and a memorandum was submitted to the chief minister, Ma- nipur, in connection with the incident. Contending that both the deceased were innocent individuals, a large number of people of Urup

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Litan Makhong under JAC tried to make their way towards the chief minister’s bungalow and demanded appropriate action against the Assam Rifles. After initially refusing to take possession of the dead bodies, on June 4, 2009, the families of the “I have two minor sons. I am helpless deceased took possession of the dead bod- with no one to support me. Who is ies on the intervention of the local MLA going to feed my children? ...Yes, I and the last rites were performed. Even want to kill the persons who killed my though the matter was reported to the husband but I have to think about the future of my children.” local MLA, Allaudin, there has been no Victim's wife positive response yet.

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Khumanthem Dilipkumar singh younger brother of Khumanthem Ajitkumar

Khumanthem Ajitkumar aliasnaoba singh

information about the victim Name: Khumanthem Ajitkumar alias Naoba Singh Age: 20 years Sex: Male Marital status: Unmarried Profession: Kung-Fu martial arts trainer Father: Khumanthem Nagor Singh Residence: Karong Mamang Leikai, PO Langjing and PS Patsoi, Imphal West district, Manipur

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incident

Extra-judicial execution of Khumanthem Ajitkumar alias Naoba Singh

Date of incident Night of March 14 -15, 2004

place of incident Khurkhul Village, Sekmai road under Sekmai

information on the perpetrator Alleged perpetrator: personnel of 19 Rajputana Rifles

Description of the incident

On the night of March 14-15, 2004, at about 1 am, some personnel of 19 Rajputana Rifles broke open the main door of the deceased’s house and barged inside. At that time, all his family members were asleep. However, Nagor Singh, father of the deceased was awakened by the banging sound. Thereafter, the intruding personnel of 19 Rajputana Rifles started thrashing his youngest son, Khumanthem Dilip Singh, who was sleeping on a mat in the middle room. The army personnel asked, “Naoba kahan hei?” (where is Naoba?) repeatedly in Hindi to Dilip Singh. Being unable to bear the pain inflicted, Dilip started crying and raising his voice, called out, “Baba, Baba”. Immediatley, Nagor Singh rushed to the middle room of his house, where his son was being beaten up. He tried to block with his arms the blows raining down on his son. At the same time, he asked the intruding personnel in Ma- nipuri to disclose the reason for visiting his house. However, they did

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not furnish any reply. Instead, some of them rushed towards his room and dragged out another son Khumanthem Ajitkumar Singh alias Naoba Singh (20) from his bedroom. At that Nagor’s wife and daughters tried to come to the middle room raising their voices. However, they were prevented from entering the room by the RR personnel who pointed their guns towards them. At that time Ajitkumar alias Naoba Singh was dressed only in a Khudei (a loin cloth). The intruders asked him to put on his trousers and shirt. Ajitkumar complied, putting on trousers and a T-shirt. He did not wear any shoes at that time. There- after, Ajitkumar Singh was dragged out from the house and pushed into one of their vehicles, parked on the Imphal-Sangaithel road. The vehicles then drove eastward along the Imphal-Sangaithel road. There- after, Ajitkumar Singh was killed in a fake encounter along Khurkhul Village-Sekmai road.

socio-economic-political background of the victim

Ajitkumar Singh was an innocent, peace-loving person. He had no criminal antecedents whatsoever. On the night of his death, he did not have dinner, as no food was prepared that night. He was a skilled prac- titioner of Kung-Fu.

steps taken

On March 15, 2004, a joint action committee was formed by the local people after a public meeting. Thereafter, in the evening the JAC members and the local people, including various civil society groups tried to organise a rally to submit a memorandum to the chief minister, Ma- nipur. However, the police personnel prevented this. Finally, the police allowed five persons from the JAC to submit the memorandum to Debendra Singh, chief minister-in-charge. On March 16, 2004, the ex-

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amination of the dead body of the deceased “They forcibly pulled up my was performed at the RIMS Hospital. On sleeping brother from his bed. My March 18, 2004, the Government of Ma- father asked them the reason why they were taking him away. But nipur issued an order entrusting the Cen- instead of replying, they beat up tral Bureau of Investigation (CBI) with the my father too. All my family responsibility of carrying out investigation members were unable to do in the FIR case registered at Patsoi police anything as we were warned at station, as per the written report submitted. gunpoint. When they were taking However, the case has not been entrusted away my brother, I held the leg of to the CBI till date. On August 16, 2005 the one of the security personnel, trying to stop them. But they beat father of the deceased submitted an appli- me up with the butts of their guns cation to the deputy commissioner, Imphal inhumanly, and then kicked on my West district for the payment of ex-gratia. back.” However, no payment has so far been Victim’s younger brother made. A writ petition has also been filed in the Gauhati High Court.

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Chungkham Anandi Chanu elder sister of Chungkham sanjit Meetei

Chungkham sanjit Meetei

information about the victim Name: Chungkham Sanjit Meetei Age: About 22 years Sex: Male Marital status: Unmarried Profession: Hospital attendant and wall painter Father: Chungkham Khellen Meetei Mother: Chungkham Ongbi Taratombi Devi Residence: Khurai Kongpal Sajor Leikai PO Lamlong and PS Porompat, Imphal East district, Manipur

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incident

Extra-judicial execution of Chungkham Sanjit Meetei

Date of incident July 23, 2009

place of incident BT Road, Imphal West district, Manipur

information on the perpetrator Alleged perpetrator: personnel of imphal West district police commandos

After killing Sanjit, the police commandos lodged a false report with the officer-in-charge, city police station, stating inter alia that a suspicious-looking youth was asked to stop by a team of Imphal West police commandos, while they were on frisking duty, near the Bhagyachandra statue that day, at about 10:30 am. When the youth was asked to stop, he pulled out a gun, fired at the frisking party, and fled along BT Road. The police party dived for cover but retaliated immediately and pursued the fleeing youth, who fired at the public indiscriminately in a bid to escape. The youth was finally cornered inside Maimu pharmacy, on BT Road and asked to surrender. However, instead of surrendering, the youth opened fire and was killed in retaliatory firing. One 9-mm pistol (Mauser) loaded with three live rounds and one round in the chamber was recovered, along with a driving licence in his name. The officer-in-charge, city police station, without ascertaining the correctness of the contents of the written report, had registered a regular case under FIR No 75 (7) 09 city PS U/S 326/302/307/506 IPC, 17/20 U A (P) Amendment Act, 2004 and 25 (1-B) Arms Act.

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Description of the incident

On July 23, 2009, at around 8:30 am, Chungkham Sanjit Meetei (22) left his house along with his friend, Yumkhaibam Ibomcha to deliver lunch for his uncle, who had been admitted to Jawaharlal Nehru Hos- pital (bed No 27, male ward-medicine). Thereafter, at about 9:30 am, Chungkham Sanjit Meetei left his ailing uncle to buy medicine for him from Khwairamband Keithel. At 10:10 am, Chungkham Sanjit Meetei made a call from his mobile phone (No 9856028505) to Ibomcha Singh, who was attending to his uncle at the hospital, inquiring about the routine visit of the doctors and was informed by his friend that the patient was about to be taken for an X-ray. Sanjit Meetei informed Ibomcha that he would be back soon. At around 10:45 am, while Sanjit Meetei was on Bir Tikendrajit Road, he was apprehended by the Ma- nipur police commandos from BT Road and subsequently taken inside Maimu Pharmacy located at BT Road, Imphal and shot dead. On that busy road, in the middle of a crowded market, in full public view, Sanjit Meetei was dragged into the pharmacy and shot point blank.

socio-economic-political background of the victim

Chungkham Sanjit Meetei was an innocent, peace-loving person, working as a hospital assistant in a private hospital, Raj Polyclinic, north AOC, Imphal, and as well as a wall painter. Sanjit was the eldest of four siblings. He was arrested twice earlier in the year 2000 on the allegation that he was a member of a proscribed organisation, when he was still a juvenile. Again in the year 2007, he was detained under the National Security Act, 1980. After being released from the jail, he was leading a normal life working as a hospital assistant and as a wall painter in his spare time. The day after the killing, the morning newspapers had a news

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item that Sanjit was a PLA cadre. Few days later, PLA clarified that Sanjit had some link with them (PLA) earlier but that there was none at all at the time when he was killed.

steps taken

A joint action committee was formed by the local people. Within fif- teen days of his death, a news report including photographs was published by Tehelka magazine. Then, the joint action committee organised a state Bandh. A written report was filed with the officer-in-charge, city police station. But no FIR case has been drawn up yet. A memorandum was also submitted to the chief minister, Manipur. A number of agitations have been launched but no action has so far been taken. During the agitation, the government sent its messenger saying that the government “The next day, the morning was ready to pay Rs 10 lakh and a job but it newspapers had a news item was refused by the family members. Again that Sanjit was a PLA cadre. A for a second time they stated that they few days later, PLA clarified that would give rupees one crore in return for the Sanjit used to have some link family stopping the ongoing agitation. with them earlier but that there was none at all at the time when Thereafter, a writ petition was filed in the he was killed. It is extremely Gauhati High Court, Imphal Bench. The questionable as to how could he high court directed the officer-in-charge, city have carried a gun when he had police station to register an FIR case. The gone to buy medicines.” matter is still pending. Victim’s elder sister

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thokchom Chinglensana singh husband of thokchom ongbi Rabina Devi

thokchom ongbi Rabina Devi

information about the victim Name: Thokchom Ongbi Rabina Devi Age: About 22 years Sex: Female Marital status: Married Profession: Housewife Husband: Thokchom Chinglensana Singh Residence: Lamdeng Khunou, Lamshang Bazar, Imphal West district, Manipur

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incident

Extra-judicial execution of Thokchom Ongbi Rabina Devi

Date of incident July 23, 2009

place of incident BT Road, Imphal, Imphal West district, Manipur

information on the perpetrator Alleged perpetrator: personnel of imphal West district police commandos

After killing Rabina Devi, the police commandos lodged a false report to the officer-in-charge, city police station, stating inter alia that on July 23, 2009 at about 10:30 am while conducting frisking and checking near Shamu Makhong below the flyover, one unknown youth coming on foot from the western side was stopped for frisking. Suddenly, the youth whipped out a small firearm, fired towards the police party and fled towards the east on BT Road. Due to his firing one woman was hit in her head and succumbed at the spot. Thereafter, the police personnel also drove to side for cover and chased the armed youth. Again the youth fired towards them and the public indiscriminately. Having no alternative, the commandos fired some rounds in the air and chased the youth further. After running for 300 meters, the armed youth ran inside Maimu Pharmacy near Gamghir Singh Shopping Arcade. The police party surrounded the whole campus and entered Maimu Phar- macy and knocked at the door. The door flung open and the armed youth opened fire towards them. Immediately they retaliated, and in the retaliatory firing the unknown youth was shot dead. One 9-mm

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pistol was found clutched in his hand. Consequently, the officer-in- charge, city police station, without ascertaining the correctness of the contents of the written report, had registered a regular case under FIR No 75 (7) 09 city PS U/S 326/302/307/506 IPC, 17/20 U A (P) Amendment Act, 2004 & 25 (1-B) Arms Act.

Description of the incident

On July 23, 2009, at around 10:30 am, Thokchom Ongbi Rabina Devi was going to Khwairamband Keithel along with her son for a medical checkup as she was pregnant. Her husband, who was then working at a mobile phone repairing centre at Majorkhul, was to meet her before she went in for the checkup. Before meeting her husband, Thokchom Ongbi Rabina Devi stopped to buy a banana from a roadside woman vendor on the northern side of Bir Tikendrajit flyover, near Sulabh toi- let complex. Suddenly, a Manipur police commando started firing indiscriminately at bystanders from his service weapon. In that burst of firing Rabina was hit by a bullet near the right side of her forehead and the bullet pierced through the back of her head. She pitched forward to the ground where she lay for more than an hour until her body was removed. Her little son began to scream. At that time a woman standing nearby picked him up to ensure his safety.

socio-economic-political background of the victim

Thokchom Ongbi Rabina Devi had been married to Thokchom Chin- glensana Singh, and they had a son, Thokchom Russell Singh, aged about two-and-half years. At the time of her death, she was seven months pregnant. She was a hard-working woman. Thokchom Ongbi Rabina Devi was an innocent and peace-loving person and had no criminal antecedents whatsoever in the past.

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steps taken

On July 24, 2009, Thokchom Chinglensana Singh, husband of Rabina Devi lodged a written report, stating inter alia that his wife, Thokchom Ongbi Rabina Devi, was hit by a bullet and she died at a public place on BT Road, Khwairamband Market, on Thursday, July 23, 2009, at 10:30 am. He sought investigation into the matter and punishment of the culprit according to the established law at the earliest possible. However, the report has not yet been attended to and no case has been registered on the basis of the report and no reason for this has been furnished either. A joint action committee was formed by the local people and under “I had asked my wife Rabina to the leadership of Apunba Lup, a relentless come to my workplace and to go agitation has been going on throughout the for a monthly medical checkup state till today. A writ petition was also filed with me as she was pregnant. in the Gauhati High Court. The high court, Surprisingly, I heard the sound of Imphal Bench directed the police to register a gunshot at around 10:30 am. Just after the gunshot, one of my an FIR on the basis of the report filed by the friends rang me up telling that she deceased’s husband. However, the police de- had been killed in a crossfire.” partment has preferred an appeal before the Victim’s husband division bench. After her death, the local MLA, Brajabidhu Singh came to the victim’s house and asked the family to stop the agitation in exchange of a job. However, after Tehelka’s publication of the photographs, which clarified that it was not crossfire, the MLA and other government officials stopped coming. A report was filed with the Manipur Human Rights Commis- sion, but there was pressure from the government’s side to stop per- suading the case.

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ngangbam Kamalini Devi mother of ng nanao singh alias phulchand

ngangbam nanao singh aliasphulchand

information about the victim Name: Ngangbam Nanao Singh Age: About 26 years Sex: Male Profession: Student of Lilong Haoreibi College Father: Ngangbam Tombi Singh Mother: Ngangbam Ongbi Kamalini Devi Marital status: Unmarried Residence: Uripok Polem Leikai, Imphal West district, Manipur

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incident

Extra-judicial execution of Ngangbam Nanao Singh

Date of incident May 7, 2009

place of incident Uripok Polem Leikai (at his residence)

information on the perpetrator Alleged perpetrator: imphal West police commandos The police issued a press release that Ngangbam Nanao Singh was killed in an encounter at his residence. Police claimed that Ngangbam Nanao Singh was an activist of PREPAK, a proscribed organisation.

Description of the incident

On May 7, 2009, at about 12:30 midnight, some unknown persons entered the courtyard and called, “Nanao, Nanao”. On hearing this, Nanao’s mother, Ngangbam Ongbi Kamalini Devi, woke up from sleep and asked the stranger to come next morning thinking that the stranger might be a friend of her son, with whom he had attended a marriage ceremony on the same day, ie May 6, 2009, in their neighbourhood. The next moment, Kamalini Devi heard another sound as the stranger threatened to break open the door, so she went to open the door herself, and saw the house surrounded by police commandos. Immediately two or three commandos came close and asked whether her son Nanao was at home and after confirming this they pulled Nanao (26) down to the backyard while the rest of the family were locked inside the room. After a while, they heard three or four rounds of gunfire and

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Nanao crying, “Ayo Ima”. After that the commandos called for a vehicle to take away the dead body. Kamalini Devi’s son had been killed in her own backyard. After her son was killed, she still heard the sound of commandos’ footsteps tramping around her house and the sound of gunshots around the locality.

socio-economic-political background of the victim

Ngangbam Nanao Singh was an unmarried innocent peace-loving person whowas pursuing Bachelor of Theology in Tamil Nadu. The deceased was not related with any proscribed organisation whatsoever in the past. The deceased’s elder brother Ngangbam Premchand Singh is also working as assistant pastor in Tamil Nadu.

steps taken “They warned that they would break in if we did not open the door. A joint action committee was formed that I was surprised and got frightened. took a decision to take up certain actions I silently woke up Nanao and asked like bandh, strike, etc. The local MLA him to run away to his uncle’s Nando Singh was also informed about the house through the back door. When incident. The secretary of local club and we opened the back door, the JAC members went to meet the director intruders rushed in and took Nanao general of police, Manipur namely Y away, holding his shoulders. When I ran and opened the front door, I Joykumar Singh. When the incident was found some persons wearing narrated to him (DGP), he expressed un- civilian dress and some in police happiness. uniforms standing there.” On May 7, 2009, at around 10:30 Victim’s mother am, locals of Uripok Polem Leikai and neighbouring localities condemned the arbitrary killing of the youth and resorted to blocking traffic along the Uripok Kangchup Road for sometime by burning tyres and hanging Phaneks (women’s sarong).

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sorokhaibam Amarjit singh

information about the victim Name: Sorokhaibam Amarjit Singh Age: About 26 years Sex: Male Marital status: Unmarried Father: Sorokhaibam Achou Singh Profession: Martial arts trainer Residence: Chairel Makha Leikai, PO and PS Sugnu, Thoubal district, Manipur

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incident

Extra-judicial execution of Sorokhaibam Amarjit Singh

Date of incident May 2, 2009

place of incident Changoubung village, PO and PS Kangpokpi, Senapati district, Manipur

Description of the incident Alleged perpetrator: Manipur police personnel of Kangpokpi police station

The officer-in-charge, Kangpokpi police station had registered a false suo-moto case under FIR No 17(5)09 Kangpokpi PS U/S 400/384/34 IPC and 25 (1-C) Arms Act, stating inter alia that on May 2, 2009 at 1:20 pm he received reliable information that some armed miscreants were extorting money/mobile phones from buses/trucks plying along NH-39, near Changoubung village. On receipt of the information a police team was rushed to the spot. The armed miscreants after committing the extortion forcibly occupied an auto rickshaw and fled towards Changoubung village. But after getting cue from one of the bus passengers, the auto rickshaw was chased by the police party and immediately intercepted at Changoubung village at about 1:30 pm. When challenged to surrender, the miscreants opened fire on the police party and tried to escape. The police party retaliated and an encounter took place. In the encounter, one of the miscreants was killed on the spot, whereas the others managed to escape towards the jungle. On searching the deceased, one 9-mm pistol,

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three live rounds, one mobile phone and a sum of Rs 500 in a purse was recovered from the dead body.

Description of the incident

On May 2, 2009, in the early morning, Sorokhaibam Amarjit Singh had gone out from his house along with two Kuki youth, saying that he would open up a Taekwondo training school at Kangpokpi area. He carried with him a sum of Rs 34,000 to buy a second-hand Pulsar motorcycle. Subsequently, at around 2 pm of the same day, he had com- municated with his family members over the mobile phone bearing the number 9856674566. The next day ie May 3, 2009, a news report appeared in the local daily newspaper stating that one person was killed in an encounter with the personnel of Kangpokpi police station near Changoubung village and a 9-mm pistol with three live rounds was recovered from the body of the deceased. Further it was reported that the dead body was deposited at RIMS Hospital mortuary for want of identification. Thereafter, family members visited the RIMS mortuary and found the dead body of Sorokhaibam Amarjit Singh there. The post-mortem of the dead body of Sorokhaibam Amarjit Singh was performed at RIMS mortuary, on May 3, 2009, after the dead body was identified by the elder brother of the deceased, Sorokhaibam Surjit Singh. During the post-mortem, it was found that the deceased’s T-shirt did not carry any trace of bullet shots; however, there was an entrance wound on the right side of the chest. The deceased had received several bullet injuries in his chest, left thigh, left shoulder and left elbow. In addition to this, multiple contusions and abrasions were found on his body.

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socio-economic-political background of the victim

Sorokhaibam Amarjit Singh was a Taekwondo black belt holder. He was an innocent and peace-loving person with no criminal antecedents whatsoever. Besides this, no one in his family has ever been involved in any anti-social activities. He had participated in the 32nd National Games (2002), in Hyderabad and Vishakhapatnam, and secured bronze medal in Taekwondo. Further, he had won gold medal in 22nd boys’ and 20th girls’ national junior Taekwondo Championship (2002), held from August 16 to 18, 2002 at Jimmy George Indoor Stadium, Thiruvananthapuram, Kerala.

steps taken Being aggrieved by the unjustified killing of Sorokhaibam Amarjit Singh, a joint action committee was formed by the local people and demanded justice from the government. On July 20, 2009, victim’s father, Sorokhaibam Achou Singh, lodged a complaint with the director general of po- During the post-mortem, it was lice, Manipur, against the perpetrators. Also found that the deceased’s T-shirt he lodged an application with the chief sec- did not carry any trace of bullet retary to the state of Manipur for granting shots; however, there was an appropriate compensation. However, no entrance wound on the right side positive action has so far been taken. of the chest.

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Waikhom Rabichandra singh

information about the victim Name: Waikhom Rabichandra Singh Age: About 25 years Sex: Male Marital status: Unmarried Profession: Brick mason Residence: Ningomthong Kitna Panung, PO and PS Irilbung, Imphal East district, Manipur

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incident

Extra-judicial execution of Waikhom Rabichandra Singh

Date of incident December 1, 2008

place of incident Pechi Lamkhai under Yairipok police station at around 5:10 pm

information on the perpetrator Alleged perpetrator: Combined force of thoubal district police commandos and 34 Assam Rifles

According to media reports, three militants were killed by the troops of Assam Rifles in a joint operation with the police commandos at Yairipok Hill, in Thoubal district, at around 6 pm of December 1, 2008. Reports said that the three militants were killed in an encounter between the combined forces of 34 Assam Rifles and Thoubal police commandos and some militants were suspected to be KCP members, near the foothill of Yairipok Pechi Hill. Arms and ammunitions were recovered from the slain cadres, the reports added. The Yairipok police station registered a case under FIR Case No 180 (12) 08 of Yairipok police station.

Description of the incident

On December 1, 2008 Waikhom Rabichandra Singh’s brother gave him Rs 10,000 in the morning to buy some cement bags and fish for

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dinner. In the afternoon, at about 3:15 pm, when his brother Bobo Singh called him up on his mobile phone, Rabichandra replied that he was at a fish centre at Kakwa Bazar and would return after dressing the fish. However, he did not return even late into the night. Anxious about his well being the family members called him on his mobile phone but his phone was switched off. The family members became worried and they started searching for him by contacting relatives and friends, but no one had any information about him. On that day, a news reporter named Brajamani Singh called up and asked whether anyone was missing in the locality. The family members told him that Rabichandra Singh and Somen Singh were missing. On December 3, 2008, after getting information, the family members visited the Yairipok police station and found the dead body of the two there. The sum of money that Rabichandra Singh had in his possession when he left home, along with, his mobile handset (Nokia 1200) and his gold ring were missing from his body.

socio-economic-political background of the victim

Waikhom Rabichandra Singh was the sixth of eight brothers and sisters. Owing to the large-size of the family they were not able to have good education. From the very beginning, Rabichandra Singh used to take care of his parents. He went to work with local mason (mistry). One day, a person named Open Singh from their locality asked him to work for a contractor and accordingly they went together to their workplace. After some time, Rabichandra escaped from the clutches of Open Singh after realising that he had been forced to join Kan- gleipak Communist Party (KCP), a proscribed organisation. After returning home he was engaged in poultry farming at his residence and he never went out of his house. About two months after escaping from the clutches of Open Singh, he was arrested by Imphal East district

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police commandos, alleging that he was involved in anti-social activities. However, he was then released on bail and remained at home, doing his poultry farming and helping his brothers in their business.

steps taken

On December 3, 2008, a joint action committee protesting the killing of Rabichandra and Somen was formed. Thereafter, a memorandum dated December 3, 2008 was submitted to the chief minister, Manipur. Further, a complaint has been lodged with the National Human Rights Commission.

Rabichandra’s brother gave him Rs 10,000 to buy some cement bags. On getting the bad news, the family members visited the police station and found his dead body. The money and gold ring were missing.

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Waikhom somen singh

information about the victim Name: Waikhom Somen Singh Age: 30 years Sex: Male Marital status: Unmarried Profession: Brick mason Father: (Late) Waikhom Naba Singh Residence: Ningomthong Kitna Panung PO and PS Irilbung, Imphal East district, Manipur

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incident

Extra-judicial execution of Waikhom Somen Singh

Date of incident December 1, 2008

place of incident Pechi Lamkhai under Yairipok police station

information on the perpetrator Alleged perpetrator: Combined force of thoubal district police commandos and 34 Assam Rifles

According to media reports, three militants were killed by the troops of Assam Rifles in a joint operation with the police commandos at Yairipok Pechi Hill, in Thoubal district, at around 6 pm of December 1, 2008. Reports said that the three militants were killed in an encounter between the combined forces of 34 Assam Rifles and Thoubal police commandos and that militants were suspected to be KCP members, near the foothill of Yairipok Pechi Hill. Arms and ammunitions were recovered from the slain cadres, the reports added. The Yairipok police station registered a case under FIR Case No 180 (12) 08 of Yairipok police station.

Description of the incident

On December 1, 2008, Waikhom Somen Singh along with his friend Rabichandra Singh went out from his house to buy a mobile phone handset but did not return home on that day. The family members

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tried to locate his whereabouts by contacting various individuals, friends and relatives, but their efforts were in vain. On December 3, 2008, the family members came to know from local newspapers that three unknown persons had been killed in an encounter and their bodies were deposited at RIMS Hospital mortuary. Thereafter, the family members visited RIMS and found his dead body there.

socio-economic-political background of the victim

Waikhom Somen Singh had lost both his parents during his childhood and he used to stay with his younger brother and a sister. He had no permanent job. He worked as a construction worker and carpenter, de- pending on the work he could find, and supported his family with his meagre income. He had no criminal antecedents whatsoever. He was an innocent, peace-loving person who was always concerned about his younger brother and sister and tried to fulfil their needs.

steps taken

In protest against the killing, a mass demonstration was staged at the Kakwa area of national highway no. 39 on December 3, 2008 by blocking half of the road. The protest demonstration was organised under the aegis of the joint action committee against the brutal killing of Waikhom Rabichandra Singh alias Kabi and Waikhom Somen Singh of Ningomthong Kitna Panung. As a result of the protest demonstration, traffic flow along the said route was disrupted leading to traffic congestion. On receiving news about the mass protest demonstration, which began from 11 am, a large number of police personnel rushed in and stayed alert to prevent the situation from getting out of control. Afterwards, when the MLA of Thongju, Bijoy Koijam arrived, he led

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a team of JAC representatives to meet the chief minister and discuss the issue. After the chief minister gave assurance of taking up necessary action in this connection, the mass protest demonstration was sus- pended.

The family members came to know from local newspapers that three unknown persons had been killed in an encounter and their bodies were deposited at RIMS Hospital mortuary. Thereafter, the family members visited RIMS and found his dead body there.

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Wangkheimayum Hemanta singh

information about the victim Name: Wangkheimayum Hemanta Singh Age: About 22 years Sex: Male Marital status: Married Profession: Brick mason Wife: Wangkheimayum Bijaya Devi (23) Son: Wangkheimayum Jingko Singh (around one-and-half years) Residence: Kakwa Lamdaibung, PO and PS Singjamei Imphal West district, Manipur

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incident

Extra-judicial execution of Wangkheimayum Hemanta Singh

Date of incident December 1, 2008

place of incident Pechi Lamkhai under Yairipok police station

information on the perpetrator Alleged perpetrator: Combined force of thoubal district police commandos and 34 Assam Rifles

Description of the incident

In November end 2008 and beginning of December 2008, W He- manta Singh was working on a major repairing work at a Masjid located at Lilong along with one Thokchom Jayenta Singh, aged about

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35 years, S/o Th Rajmohon Singh, and The family members of Hemanta Thokchom Kuber Singh, aged about 40 submitted a memorandum to years, of the same locality. The repairing the state chief minister to book work was completed on November 30, 2008. the personnel involved in his On December 1, 2008, Hemanta had gone killing and punish them out of his house in the morning, at about 8 according to law but no action am, saying that he would visit his ailing has been taken. mother-in-law living in Kiyam Shiphai Tangjeng. However, on the road he was apprehended by Manipur police commandos. On December 3, 2008, the petitioner (wife of Hemanta) made a call to her elder brother Sanjoy Singh, and enquired about the presence of her husband, but Sanjoy reported that the petitioner’s husband had not come to meet her ailing mother. In the meantime, she learned from a news report about the killing of her husband by a combined team of Manipur police commandos and 34 Assam Rifles. Thereafter, the petitioner’s family members visited RIMS Hospital mortuary and identified the dead body of her husband and on the same day a post-mortem examination was held at PHC, Lilong. When the family members enquired about the facts and circumstances leading to the death of Hemanta, they came to know that some police commandos had pulled him down from a passenger bus at Waithou bus station and took him away with them.

socio-economic-political background of the victim

Hemanta used to work as a construction worker. Being born in a poor family, he started working with his father from childhood in order to help the family. Hemanta was the second of the three children of his parents. He was married and is survived by his wife and a son who is about two-and-half years old.

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steps taken

The family members submitted a memorandum to the chief minister of Manipur to book the personnel involved in the killing of WH Singh and punish them according to law but no action has been taken.

Hemanta used to work as a construction worker. Born in a poor family, he started working with his father from childhood in order to help the family.

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Yumnam Kumarjit singh

information about the victim Name: Yumnam Kumarjit Singh Age: About 17 years Sex: Male Marital status: Unmarried Profession: Construction worker Father: Y Nupamacha Singh Residence: Irom Meijrao Makha Leikai, PO and PS Wangoi, Imphal West district, Manipur

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incident

Extra-judicial execution of Yumnam Kumarjit Singh

Date of incident August 24, 2009

place of incident Moirangkhongpat, PO and PS Bishnupur, Bishnupur district, Manipur

information on the perpetrator Alleged perpetrator: Bishnupur district police commandos and 4/8 GR A regular case under FIR No 94 (8) 09 BPR PS has been registered on the basis of the written report lodged by the police commandos, involved in the killing.

Description of the incident

Yumnam Kumarjit Singh had been staying at the residence of his aunt, Yengkhom Abem Devi, located at Japhou Bazar, Chandel district, since June 2009. He used to work as a mason while staying at his aunt’s house. On August 11, 2009, Yumnam Premjit Singh, the elder brother of Kumarjit Singh had made a telephone call to him asking him to come back from his aunt’s residence. Accordingly, Kumarjit Singh left his aunt’s house on August 12, 2009, and proceeded to his house at Irom Meijrao, boarding a passenger bus plying on the Chandel–Imphal road. However, he did not reach his house. Curfew was imposed in Im- phal West district on the very same day, which was relaxed from 6 am to 2 pm. Since he did not return home, the family members tried their

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After a thorough inquiry, best to locate the whereabouts of Kumarjit Singh, the family members came but in vain. At last, on August 25, 2009, they came to know that he was killed to know from a local newspaper that an unidenti- in a fake encounter. fied dead body, stated to be killed in an encounter with a combined team of Manipur police commandos and 4/8 GR at Moirangkhongpat, on August 24, 2009, at 4:30 am, was at RIMS Hospital mortuary. Thereafter, the family members visited the RIMS Hospital mortuary and identified the dead body as that of Kumarjit Singh. After killing Kumarjit Singh in a fake encounter, a case under FIR No 94(8)09 Bishnupur PS U/S 307/34 IPC, 20/16 (1-b) UA(P) Act and 25 (1-C) Arms Act was registered. After thorough inquiry, the family members came to know that he was intercepted while he was returning from Chandel; was subjected to severe torture and ultimately killed in a fake encounter. The post-mortem examination of the dead body was performed at RIMS mortuary. The deceased had received several bullet injuries on his body. In addition, multiple contusions and abrasions were found on his body.

socio-economic-political background of the victim

Yumnam Kumarjit Singh was a mason. He was an innocent, peace- loving person and had no criminal antecedents whatsoever. No one in his family is involved in any anti-social activities.

steps taken

A joint action committee against the killing of Yumnam Kumarjit was formed that submitted a memorandum to the chief minister. At the same time an application was filed to the deputy commissioner, Bish- nupur district, to grant ex-gratia payment for the unjustified killing of Kumarjit Singh.

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naorem Boy aliassantosh singh

information about the victim Age: About 28 years Sex: Male Marital status: Married Profession: Driver (Passenger Jeep) Wife: N Naotombi Devi Children: N Chingkhei (18 months) Residence: Kakwa Naorem Leikai, PO and PS Singjamei, Imphal West district, Manipur

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incident

Extra-judicial execution of Naorem Boy alias Santosh Singh

Date of incident February 7, 2008

place of incident Hiyangthang Naran Kongil, Imphal

information on the perpetrator Alleged perpetrator: personnel of imphal West district police commandos

Description of the incident

On February 7, 2008, at around 4 am, Naorem Boy alias Santosh Singh left his house saying that he wanted to go for a walk. However, he did not come back till late in the night. Consequently, the family members became suspicious as he had never before stayed out so late. His family members started searching for his whereabouts but they failed to trace him. They tried contacting him repeatedly on the phone but it was switched off. The next day, the family members came to know from local newspapers that he was killed in an encounter with the police the previous night. They rushed to the RIMS mortuary at Lamphelpat and found the bullet riddled body of Naorem Boy alias Santosh Singh there.

socio-economic-political background of the victim

Boy alias Santosh’s parents have seven children of whom Santosh was

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the fourth child. He had been looking after his family. For sometime he was working as a handyman for a Saktiman vehicle. After that he started working as a driver for a passenger jeep plying in and around Imphal. He was arrested some years back on the allegation that he was involved in anti-social activities. However, he was released on bail as the police could not substantiate on their allegation. He was an innocent, peace-loving person.

steps taken

No information available.

Santosh went out for a walk but did not come back till late in the night. The next day, the family members came to know from local newspapers that he was killed in an encounter with the police the previous night.

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pebam inao aliasojit singh

information about the victim Name: Pebam Inao alias Ojit Singh Age: 40 years Sex: Male Marital status: Married Profession: No permanent job Wife: Pebam Chaoba Residence: Kwakeithel Lamdong, PO Imphal and PS Singjamei, Imphal West district, Manipur

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incident

Extra-judicial execution of Pebam Inao alias Ojit Singh

Date of incident February 20, 2008

place of incident Crossing Keishampat Elangbam Leirak Achouba Maning and Longjam Leirak, Imphal

information on the perpetrator Alleged perpetrator: Combined force of imphal West police commandos

The police issued a press statement claiming that Inao was killed in an encounter. Police also claimed that he was arrested earlier in connection with a case under FIR No 206(11) 04 SJM PS under section 25(1-A) Arms Act and 200/511/34 of IPC for belonging to an armed gang. Further, SP, Imphal West, stated that, according to the inputs from intelligence, he was actively involved in extorting money in the name of Kangleipak Communist Party (KCP) and People’s Revolutionary Party of Kangleipak (PREPAK).

Desription of the incident

On the morning of February 20, 2008, Inao and his wife Chaoba went to Kwairamband Bazar on their scooter (Kinetic Honda) bearing registration No 8246, for daily collection of money loaned out to the vegetable vendors. They parked their scooter behind the Imphal Pologround. Chaoba was going around the vegetable vendors to collect

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money while Inao went to have lunch at a hotel Later in the evening, a local near the Pologround. After collecting money news channel, ISTV, Chaoba came to the hotel but Inao was not to announced that Inao was be found. She asked the hotel manager for killed in an alleged encounter Inao’s whereabouts. The manager informed with police commandos. Chaoba that Inao had gone out after having lunch. Thereafter, Chaoba tried to call Inao’s mobile phone but it was switched off. After waiting for him to come back, standing near the scooter for sometime, Chaoba again went to the hotel and asked the manager if he saw Inao. The manager told her that Inao had not come back to the hotel again. Thereafter, Chaoba came out of the hotel but their scooter was now missing. Chaoba returned home alone hoping that Inao might have returned home. As Inao was not at home, her family went to the city police station to check if Inao was arrested but city police denied any arrest. Later in the evening, local news channel ISTV announced that Inao was killed in an alleged encounter by police commandos.

socio-economic-political background of the victim

Inao had once been arrested by the police and subsequently released on bail. Thereafter, he had been leading a normal life.

steps taken

On February 21, 2008, local people, mostly women, came out and blocked the Tiddim road to protest against the killing. However, the police dispersed the protesters. A petition was thereafter filed before the National Human Rights Commission, New Delhi.

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Mohammed Ali saha

information about the victim Name: Mohammed Ali Saha Age: About 32 years Sex: Male Marital status: Married Profession: Labourer Wife: Mst Lahinoon (25) Children: Kobocklei (14, class VII) Alipleila, (13) Mohd Bomcha, (12, class III) Reyajkhan (10, class II) Residence: Kairang Awang Leikai, Imphal East district, Manipur

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incident

Extra-judicial execution of Mohammed Ali Saha

Date of incident June 23, 2007

place of incident Khonghampat turning along NH – 39, Imphal West district, Manipur

information on the perpetrator Alleged perpetrator: 4th Assam Rifles stationed at Mantripukhri

Description of the incident

At around 6 am, Mohammed Ali Saha received a phone call from Urup, where his wife’s parents live, saying that his mother-in-law was unwell. As their fourth son, Mohd Reyajkhan had been suffering from severe fever, his wife asked him to procced alone to her parents’ house since she had to stay back and tend to the ailing son. Consequently, he borrowed a motor bike from his cousin, Mohd Abdul Raja, and proceeded towards his in-laws’ house, promising his wife that he would call her and let her know the seriousness of her mother’s condition. At around 12 noon, Ali’s cousin Mohd Khamba, at Hatta, received a call from Mohammed Ali Saha’s phone. The caller, who was from Sekmai police station, asked Mohd Khamba if he recognised the number. When Khamba gave him the relevant information the caller then asked for information about the clothes that Mohammed Ali Saha was wearing when he left home. When Mohd Khamba gave him the appropriate

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details the caller informed him that Mohammed Ali Saha was killed in an encounter with the personnel of 4 Assam Rifles.

socio-economic-political background of the victim

Mohammed Ali Saha was the youngest of four siblings. He lost both his parents in his childhood. He was a construction worker (mason). He had no criminal antecedents whatsoever and was an innocent, peace-loving person.

steps taken

On June 24, 2007, a joint action committee against the extra-judicial killing of Mohammed Ali Saha was formed. The deceased’s wife submitted a complaint to the director general of police, Manipur, for registering an FIR against the personnel of 4 Assam Rifles for the killing of her husband in a fake encounter, on June 23, 2007, at the Khong- hampat Turning along NH 39, Imphal West district, Manipur.

Ali Saha, a mason, left home to see his ailing mother-in-law in the morning, but around noon his cousin received a call from a police official who told him that Ali was killed in an encounter.

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Mohammed illiyas Khan

information about the victim Name: Mohammed Illiyas Khan Age: 22 years Sex: Male Marital status: Married Profession: Educated unemployed Mother: Mst Roujam Bibi Residence: Yairipok Tulihal Mayai Leikai, Imphal East district, Manipur

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incident

Extra-judicial execution of Mohd Illiyas Khan

Date of incident January 10, 2009

place of incident Samurou Awang Leikai under Wangoi police station, Imphal West district, Manipur

information on the perpetrator Alleged perpetrator: Combined team of Manipur police commandos and 32 Assam Rifles

On the basis of a written report filed by the perpetrator, the officer- in-charge, Wangoi police station, has registered a case under FIR No 6(1)09 Wangoi PS U/S 307/400/34 IPC and 25 (1-C) Arms Act.

Description of the incident

On January 10, 2009, at about 1:30 pm, Illiyas left home after informing his wife that he was going to meet the MLA, Keisam Meghachandra Singh, at his official residence at Babupara, Imphal. In the afternoon, his family members tried to contact him on his mobile phone. Though the phone rang, there was no response. Since he did not return home even late in the evening, Illiyas Khan’s family members started searching for him. They contacted his friends and also the police. Thereafter, personnel of Wangoi police station informed them that a suspected militant was killed in an encounter with the combined team of Ma-

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nipur police commandos and 32 Assam Rifles, at Samurou Awang Leikai, and his dead body was kept at RIMS mortuary. After getting the information, they became suspicious, and the next day the family members visited the RIMS mortuary and found the dead body of Mohd Illiyas there.

socio-economic-political background of the victim

Mohd Illiyas Khan was an innocent, peace-loving person and had no criminal antecedent whatsoever. He was a faithful worker of Keisam Meghachandra Singh, MLA of Keisam assembly constituency. He had participated in the viva-voce for recruitment as rifleman in the Ma- nipur police department and was awaiting the result.

steps taken

The district magistrate, Imphal West district, issued a notification dated November 12, 2009 ordering a magisterial inquiry into the facts leading to the death of Illiyas Khan, consequent upon the filing of a complaint petition before the National Human Rights Commission, New Delhi.

Illiyas left home to see his employer MLA but he went missing. Later, personnel of a police station informed that a suspected militant was killed in an encounter.

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Juma Khan aliasBoy

information about the victim Name: Juma Khan alias Boy Age: 25 Years Sex: Male Marital status: Unmarried Profession: Salesman Residence: Lilong, Thoubal PS and Lilong PO, Thoubal district, Manipur

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incident

Extra-judicial execution of Juma Khan alias Boy

Date of incident March 23, 2009

place of incident Kangjabi Mainam Leikai

information on the perpetrator Alleged perpetrator: imphal West district police commandos

Description of the incident

On March 23, 2009, at around 10 am, Juma Khan alias Boy collected Rs 300 from his sister Shamshad and went to buy a pair of second- hand trousers. However, he did not return home. Shamshad thought that he might be at his brother’s place in Lilong. The next day, Juma’s neighbour informed his family members and his sister Shamshad that Juma was killed according to media reports. Juma’s sister Shamshad saw the photo of dead body of her youngest brother in a newspaper. Shamshad’s husband Mohd Eju also confirmed the death of his brother-in-law after reading the newspaper. They went to Lilong and informed the rest of his relatives. An autopsy test was conducted at the mortuary of RIMS, Imphal. The deceased’s brother Abdul Gaffar and his uncle Mohd Tomba went to RIMS mortuary to see his dead body.

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socio-economic-political background of the victim

Juma Khan alias Boy was the youngest son of Late Mohd Manouwar Ali and Late Thambal Begum. They were six siblings. He studied till the 5th standard. His parents were divorced when he was very young, but he always took turns staying with both his parents. All his brothers and sisters loved him, as he was a lively and fun-loving person. He was very close to his sister Shamshad. When she married Mohd Eju at Kshetrigao Nongjao Leikai, Juma started staying at her new home.

steps taken

No information is available.

Juma went out to buy a pair of second-hand trousers, but did not return home. The next day, a newspaper reported that he was killed.

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Khwairakpam Megha singh

information about the victim Name: Khwairakpam Megha Singh Age: 36 years Sex: Male Marital status: Married Profession: Operating an iron and steel fabrication workshop Residence: Naorem Leikai Lewa Lambi, PO and PS Singjamei, Imphal West district, Manipur

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incident

Unlawful arrest and torture of Khwairakpam Megha Singh

place of incident Khagempalli, PO and PS Singjamei, Imphal West district, Manipur

Date of incident May 6, 2009

information on the perpetrator Alleged perpetrator: personnel of Manipur police commandos

Description of the incident

On May 6, 2009, Khwairakpam Megha Singh was taking food along with one Sanjoy of Chingamakha, on a Honda Activa, to his iron and steel workshop at Nagamapal. On coming out from a workshop at Khagempalli, where his jeep was being repaired, they were stopped by commandos in civilian clothes who came in a Rakshak. Megha was asked to get into their vehicle on the pretext that he had been sum- moned by the SP. To this, Megha said that he would deliver the food first and then go to the SP’s office with them. As the commandos insisted, he requested that Sanjoy be left behind since he was a heart patient. Meanwhile, a team of commandos was seen coming in a Gypsy. Megha called out for one Sushil, an acquaintance of his, thinking that he was in the team. But the Gypsy went past without stopping. How- ever, it returned soon and its occupants asked the driver of the Rakshak why Megha was being arrested. The driver replied that Megha was a

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cadre of KCP (MC) and that they were acting on the command of Im- phal East commandos OC. Once Megha entered the Rakshak, he was blindfolded with his hands tied behind his back. He was taken to a house where the members of the family spoke a tribal dialect. From there, he was taken away to some place where the people spoke Hindi. After driving for some hours on hilly terrain, Megha was lodged in a room. The next day, the captors started beating up Megha. When he requested permission to wash himself, the blindfold was open a little bit and the hand-cuff removed. Then he was taken to an unknown location, on a route that went uphill and downhill. On the third day, he was taken to another place in another vehicle at a distance of several hours drive. Eventually, when the blindfold and hand-cuff were removed, he realised he was at Imphal police station.

socio-economic-political background of the victim

Khwairakpam Megha Singh is married and has children. He has no criminal record whatsoever. He runs an iron and steel fabrication workshop at Nagamapal, Imphal, to eke out a living.

steps taken

Khwairakpam Megha, who was dubbed as a KCP (MC) member when arrested by commandos from Khagempalli and as a PLA member when Assam Rifles claimed his arrest from Moreh, was released on bail on May 13, 2009. Megha was arrested by police commandos in civilian clothes, who came in a jeep (Rakshak) from Khagempalli, on May 6. Two commandos and other two civilians belonging to Megha’s locality, involved in the abduction of Megha, are currently in police custody. While intensive search was carried out to trace the whereabouts

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of Megha, 31 Assam Rifles handed him over to Imphal police station on the night of May 8, with the report that Megha was arrested from Moreh town as a PLA cadre. Based on this report, Megha was produced before the chief judicial magistrate, Chandel, on May 9. The court released him after furnishing a surety bond of Rs 10,000.

Megha was first dubbed as member of the KCP (MC) and then that of the PLA. Later, he was released on a surety bond of Rs 10,000.

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naorem Romeo singh

information about the victim Name: Naorem Romeo Singh Age: About 26 years Sex: Male Marital status: Single Profession: Running a tyre workshop Residence: Wangjing Hodamba Maning Leikai, PO and PS Thoubal district, Manipur

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incident

Unjustified torture of Naorem Romeo Singh

Dates of incident December 2008 and May 2009

place of incident Wangjing Bazar

information on the perpetrator Alleged perpetrator: thoubal police commandos and 34 Assam Rifles

Description of the incident

First incident: Romeo has a tyre workshop at Wangjing Bazar, which was the source of his livelihood. At around 4:30 pm, when he came back after bathing in the river, someone from a nearby shop called out “Romeo”, and he went out of his shop in response. Outside he saw a commando Gypsy. One of the police commandos asked him to walk with them. But he refused, and told them to talk there itself. But he was forcibly pushed inside the Gypsy, and with hands tied, taken to a far-off place. Then, the commandos asked him how long he had supplied weapons to PREPAK. Romeo told them that he was not involved in any such activity, and repeatedly pleaded with them to release him. Despite his requests, they said that they would take him to the camp and keep him there as he was being too stubborn. After that, he was given three bullets and told him that after they killed him they would claim that these bullets were recovered from him. They threatened him with the gun. In the meantime, one of the commandos received a phone

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call after which Romeo was taken to Khangabok. They stopped a passenger vehicle/taxi that came by and told the taxi driver to drop Romeo home. When Romeo was about to leave, they threatened him not to reveal anything about what had transpired. The next day, the pradhan of Romeo’s village called OC Nando, asking him whether a case had been registered against Romeo or not. OC Nando confirmed that a case had been registered. Then, they asked the pradhan to come to the police station, but he refused and asked them to meet him in front of YK college. The pradhan along with Romeo’s father met OC Nando and Romeo’s father gave him Rs 2,500. Second incident: When Romeo was at his workshop, some personnel of 34 Assam Rifles came and asked him to come to an undis- closed location and have a talk with them. After initially telling him to come and meet them the next day, they then forcibly pushed him inside their vehicle as their troop leader ordered them to take him with them then and there. He was then taken to a camp near Yairipok Bazar and they asked him where he kept the weapons for PREPAK. They threatened to killed him at Pachi Hill if he did not divulge the information they sought. After this, Romeo’s brother, who is also an Assam Rifles personnel came and talked with the other AR personnel who were in- terrogating him and told them to release him. They then told Romeo’s brother that he had been arrested on the basis of information provided by someone.

socio-economic-political background of victim

Romeo is an innocent, peace-loving person, and was not involved in any anti-social activity whatsoever. At present he is running his tyre workshop to eke out a living. After experiencing the above two inci-

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dents, he has been suffering mental problems and cannot sleep properly. He gets agitated and loses his mental balance when he sees any vehicle of the security forces or armed personnel.

steps taken

No information is available.

Romeo was arrested twice. He pleaded not guilty and told that he was not involved in supplying weapons to PREPAK, but commandos threatened him of dire consequences. He was released only after some intervention.

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Voices AGAINST OPPRESSION F-3_jury findings:Layout 1 9/11/2010 3:29 PM Page 164

Immunity Emboldens the Perpetrators

Babloo Loitongbam Executive Director, Human Rights Alert

THE phenomenon of impunity enjoyed by the state in Manipur for torture, extra-judicial killings and enforced disappearances is no longer something unique. The situation in other parts of the country is also fast deteriorating. We have heard stories about ‘Operation Green Hunt’ in the Indian heartland and realise that impunity is fast becoming the rule rather than the exception. However, there is a certain difference in the way the state re- sponds to armed resistance in the Northeast and in the mainland. If one listens carefully to the recent statement from the prime minister, he defined the problem posed by the ultra-left in the Indian heartland as the biggest internal security challenge. But he was also categorical that army will not be used to tackle the problem. It is also true that at the height of Khalistan movement in the 80s, brutal counter insurgency measures were adopted. But still, the government refrained from regularly pulling out the Army. I think this reflect the maturity of India as a democracy. But what is perplexing to me is the relative ease with which the same democracy accepts the fifty years of armed forces special powers regime in the Northeast as a fait accompli. It is simply incomprehensible to me how the same democracy liberally uses it military might for more than half a century to subdue ‘a relatively minor disturbance’ against the indigenous peoples of the Northeast? And yet it simply failed to

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It is sometimes argued that AFSPA only requires prosecution sanction from the central government. But given the entrenched climate of impunity, even filing an FIR is an uphill task for the victims. Even when an FIR is filed, through all kinds of public pressure and legal intervention, as in the case of Rabina and Sanjit, police enquiry never took place. There is no talk of filing charge sheets against the erring police commandos

generate even the mildest debate at the national level! How does one explain this paradox? May I draw the attention of hon’ble panel members to a report of Human Rights Watch entitled Getting Away with Murder: 50 years of Armed Forces Special Powers Act, 1958. I was in Delhi trying to brief the MPs about the realities of the AFSPA, demanding its repeal rather than amendment. AFSPA grants virtual legal immunity to the armed forces per- petrating human rights violations. Around this legal immunity we are witnessing the webbing of an entrenched culture of impunity. ‘Legal impunity’ and the ‘culture of impunity’ are two closely related things, but not the same thing. The phenomenon of impunity is found everywhere in the country in various degree. The phenomenon exists because either the judiciary is not delivering justice, or the prosecutor is not prosecuting well, or because the police are not conduucting proper investigations. But to openly provide legal immunity through a written law is perhaps unique to laws like the AFSPA. Such legal immunity emboldens the perpetrators of heinous crimes within the armed forces and the police. We all have heard of the recent Tamang report of extra-judicial

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killings of supposed Muslims. How many of the so-called ‘encounter killings’ turn out to be fake, if you do a proper investigation? In Ma- nipur, in this year itself, more than 350 ‘fake encounters’ have been reported, but there is no proper investigation as per law. We live in a climate of blanket impunity. It is sometimes argued that AFSPA only requires prosecution sanction from the central government. But given the entrenched climate of impunity, even filing an FIR is an uphill task for the victims. Even when an FIR is filed, through all kinds of public pressure and legal intervention, as in the case of Rabina and Sanjit, police enquiry never takes place. There is no talk of filing charge sheets against the erring police commandos. It is only after a charge sheet is filed that a prosecution sanction is required to be sought. In Kashmir at least, perhaps because the police are also Muslims, they can identify a lot more with the victims. The police do file cases, conduct investigations, and seek prosecution sanction from the central government. There are many cases where these prosecution sanctions were denied. But in Ma- nipur no case ever reaches that point where the police file a charge- sheet or seek prosecution from the central government. There has not been even a single case in the last 50 years of AFSPA in Manipur! So, in Manipur the problem is not just legal immunity, but complete blanket impunity – a complete failure of the institutions. This is the reality in Manipur. I would like to draw the attention of the Hon’ble members of this tribunal to a recent fact-finding report to apprise you of the ground situation in Manipur. The report entitled Democracy ‘Encountered’: Rights’ Violations in Manipur by the Independent Citizens’ Fact-Finding Report to the Nation conducted by Retd. DGP Dr. KS Subramanium, IPS (retd.), formerly of the Manipur-Tripura cadre and currently visiting Professor, Jamia Millia University; Sumit Chakravartty, editor, Main- stream; Kavita Srivastava, human rights activist; national secretary of

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PUCL; and Vasundhara Jairath representing the Delhi Solidarity Group. They have compiled a report that vividly describes the situation. I hope the hon’ble members of the panel, which predominantly consists of judges, would apply their judicial mind and improve upon the quality of the report. Having said all of that, I personally feel that the problem that we are facing in Manipur today is a very complex one. As senior advocate Mani has mentioned, dealing with these issues requires a much longer political process. However, one thing is clear. The first step for this long journey should begin with the repeal of AFSPA. AFSPA has created such a mess by institutionalising a cycle of violence and impunity. This is not just a lone voice of Irom Sharmila, who has been on a hunger strike, but this has now been echoed nationally and inter- nationally. The UN Human Right Committee said as early as 1997 that imposing AFSPA amounts to use of emergency power without resort- ing to the law, and violates a series of human rights which cannot be derogated from even in situations of war. Similarly, many UN human rights treaty bodies, including those monitoring the rights of the children, women, and even economic, social and cultural rights, have come out very strongly against AFSPA. The Committee on Elimination of Racial Discrimination in February 2007 categorically urged the Gov- ernment of India to repeal AFSPA. Similarly, when the UN High commissioner of human rights came to India in March 2009, she too officially called upon the Government of India to repeal AFSPA. She raised the matter during her meeting with the union home minister and external affairs minister too. Civil society groups from the AFSPA-affected states of the Northeast and Jammu & Kashmir got together in Delhi, deliberated on the issue for two days and came out with an appeal that AFSPA should be repealed and its draconian provisions should not be re-in-

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troduced in any other form. It was clear the government will not be able to reap any political dividend by introducing some cosmetic changes. This position is supported not only by UN bodies but also by the Government of India’s own commissions and committees. The committee set up by the union home ministry following the people’s uprising against the Manorama incident in Manipur in 2004 headed by Justice Jeevan Reddy observed that AFSPA has become “a symbol of hegemony and a symbol of oppression, an object of hate and an instrument of discrimination and high-handedness” and clearly recommended that AFSPA should be repealed. The same view has been echoed by the Second Administrative Reforms Commission headed a person no less than the present Union Law Minister Mr Veerappa

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Moily. Also the prime minister’s working group on confidence-building measures in Jammu & Kashmir, headed by a person no less than the present Vice President of India Mr Hamid Ansari, made a similar recommendation to repeal AFSPA. Justice Jeevan Reddy Committee recommended that AFSPA should be repealed, but the army should continue counter insurgency operations. A new chapter should be introduced in the Unlawful Ac- tivities Prevention Act with some check and balance of its power, and this law should be uniformly applied all over the country. Some human rights group, including HRLN, strongly objected to the last part of the recommendation as they see it as an extension of AFSPA all over the country. This issue has been taken care of in the Administrative Reforms Commission as it recommends that the application of the proposed new chapter should be confined only in the Northeast. I have had the opportunity to meet Mr Veerappa Moily along with our sitting MP Dr Meinya, and we have apprised him that his position maybe the most feasible option under the prevailing circumstances. We have asked him to stand firm by his recommendation as and when the matter comes up in the parliament. I would like to humbly plead with the hon’ble panel members that if you could also lend you voice on this matter, it would be very helpful.

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No Right to Life

Professor Ksh Bimola Devi Manipur University, Canchipur

I want to present my observations regarding the conflict in Manipur and what is happening and what the society of Manipur is going to face in future. Since 1980, Manipur has been undergoing an armed conflict situation though the government of India does not recognise it. Many persons were killed, disappeared and tortured. And the situation is becoming more and more complicated. I just want to confine myself to certain aspects of what is happening in Manipur. AFSPA, 1958 has been withdrawn from the municipal area of Manipur. The question is whether the state security forces are under AFSPA or not. I am a teacher of political science. I am not a legal ex- pert. What I feel is that the state security forces are not supposed to be under AFSPA. There is confusion in the minds of the people. The people usually think that the state security forces are empowered by the AFSPA. But the reality is that the CRPF, the Assam Rifles, the para-military forces etc., are under the Act and they are under the home ministry, Government of India. So, regarding the killings committed by the central forces, it is very clear that it is under the AFSPA and these cases are to be dealt with by the home ministry of the Govern- ment of India. The killings by the state security forces are to be dealt with by the state government. The people of Manipur want justice, but how are they to secure

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I think in Manipur there is no right to life, although it has been mentioned in the Universal Declaration of Human rights, 1948. There is no right to social security; we do not feel secure in the society and in the work place. If we, teachers of the university, do not feel secure then what is the fate of the common people. Please imagine!

it or how is justice to be delivered to people who became victims of the crimes committed by the state security forces and crimes committed under AFSPA. It seems that India is a federation. Manipur as a feder- ating unit has the power within the jurisdiction given by the Consti- tution. The Government of Manipur is therefore responsible for the crimes committed by state security forces (commandos). Here, a com- plication also arises when the people of Manipur approach the state government for the delivery of justice for the crimes committed by the armed forces under AFSPA. The crimes committed under AFSPA by the central armed forces should be dealt with by the Home Ministry, Government of India. There should be a mechanism for the delivery of justice to the victim even when there is conflict between the Centre and the state regarding the above cases. What is the mechanism? That is what I want to know. In the Indian political system, states are under the control of the central government. India also has a centralised system although it is a federation and there is a single judicial system. So, there should be a mechanism. I think in Manipur there is no right to life, although it has been mentioned in the Universal Declaration of Human rights, 1948. There is no right to social security; we do not feel secure in the society and in the work place. If we, teachers of the university, do not feel secure then what is the fate of the common people. Please imagine! And there is

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no right to express our opinion. Of course, we enjoy freedom of thought. But freedom of expression? I think most of the intellectuals do not enjoy this freedom because of this conflict. So, I want to know from legal experts how to secure justice to the victims of the crimes committed by central forces. Persons engaged in the judicial process should be very active to check increasing political power. If there is no rule of law, if the justice delivery system is weak, we are bound to suffer. In Manipur, there is a tendency towards increasing police forces. If there is increase in the strength of police forces, I think it will lead to a very difficult situation. We need law officers to be very active and as- sertive, giving co-operation to the section of people who suffer due to the conflict situation and to legal organisations like the Human Rights Law Network.

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Fake Encounters day-to-day

Seram Rojesh Former President, Manipur Students Association, Delhi

I thank HRLN, which is working across the country, for turning its attention to the situation in Manipur. We all know that whatever is happening today is the result of AFSPA. We all know AFSPA was passed to counter the Naga insurgency movement, but this not what is being observed. If we look at what Nehru said in 1958 in the parliamentary debate, he clearly said that he was thinking of passing a law for all regions facing military threat. He also said that Government of India is thinking about imposing this Act not only where there is Naga rebellion, but to the entire Northeastern region, which has been part of India since 1947. That is why there is AFSPA in Manipur and Assam. Another point to be noted is that the Supreme Court Judges back in 1998 said the Act is not to suppress armed rebellion, because the Act does not define any meaning of insurgency. The Act is not to counter insurgency, but my conclusion is that the Act is to suppress the people who are actually racially different. The Act is a racist Act. The point is very clear today. The Prime Minister of India Manmohan Singh and Home Minister Chidambaram have said that in the Naxal areas, which have been categorised as the largest threat to the nation, the army will not be deployed, because the problem is a socio-economic one. There are several questions regarding the deployment of the army to deal with the citizens of this country. Yet, why has there not been

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any debate about the deployment of army in Manipur where this Act has been implemented since 1958? There is no debate from political parties whether it be BJP, CPI(M) or INC. They are of the same colour. People come here and say many things, but after they reach Delhi they will speak the same language spoken by the other parties. My point is that the region has been oppressed and there has been no debate at all, because Manipur is out of the imagination of India. Further, why are there so many fake encounters everyday? One important reason is that after the Manorama incident in 2004, and after the nude protest by Manipuri mothers on July 15, 2004, the Gov- ernment of India realised that enforcement of this Act will not be use- ful to counter the movement. They came up with a policy which has already been implemented in Kashmir. According to this policy, local forces will be used to deal with the movement. The government is not ready to compromise national integrity in the ‘national interest’. So, they localise the problem and reduce the area to a killing field. That is why 5,000 Manipuri forces have been deployed in the last five years, and they are in the process of recruiting more forces. The problem today, unfortunately, is that the parameter of judgement of the central government and its estimation of the stability of the state government is how many people the government of Ma- nipur kills, rather than the development of infrastructure. The central government gives funding only on the basis of how many encounters are being recorded. That is why in 2009 alone nearly 285 people have been killed in fake encounters. This 285 is the official record but un- official record is nearly 1000 since at least two to three persons are killed everyday in Manipur. The central government thinks that the state government is doing a great job killing so many anti-national people. It is almost as if there is an incentive plan to encourage the Government of Manipur to kill as many as possible in order to earn development funds. Earlier there was the problem of unpaid salaries but now there

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is no such problem. The encounter happens on one side, and money flows in on the other side. The state government is giving power to the local forces to do whatever they want. Even the chief minister said in his statement on July 23, 2009 incident that there is no option but to just kill them. The whole process of the July 23 fake encounter has been publicised, but there is still no action. After the ceasefire with the Naga rebellion, the Government of India thinks that there is no more problem, that somehow the problem of insurgency has been contained. LK Advani’s recent autobiography states that the Naga movement has been contained in the other North- eastern states – Assam, Arunachal Pardesh, Mizoram, but the rebel organisations of Manipur like UNLF and PLA are still not ready to have any peace dialogue with the Centre. So, the Government of India’s policy is to eliminate as many as possible in Manipur. That is why so many fake encounters are happening every day. Local police battalions are being established. There is also exploitation of human resources, which could have been used for development. Many educated people are joining local forces just because there is no other option and then they have to kill innocent civilians in order to earn their promotion which is awarded on the basis of how many people each of them has killed. That is why on August 15, 2009 the Government of India selected 75 police personnel from Manipur for gallantry awards out of a total of 228 awards given. The Manipur force is very small in compar- ison with the forces in other parts of India. That is how the state is encouraging fake encounters. The state has already decided to give Rs. 5 lakh reward to a Thoubal police team just because they had killed some people. The system is the problem and the reason for this impunity is AFSPA. I interviewed a person from MHRC who is not doing anything regarding the prevailing situation in Manipur. According to Supreme Court directions, if there has been an encounter, there should be an

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investigation and the report should be submitted, but so far no investigation has been done except in the case of the July 23 incident. The MHRC member said that the actions are being carried out by combined forces, so no question can be asked because the force is protected by AFSPA. My point is that every encounter is protected by AFSPA, and the forces know that if the encounter is done by combined forces no question will be asked. This is actually the root cause of fake encounters. AFSPA supports corruption, impunity and extra-judicial killings in Manipur. This Act should be repealed.

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Protest

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Can we call ourselves a democracy?

Harsh Dobhal Executive Director, Human Rights Law Network

SINCE I do not belong to Manipur, I do not know whether it would be a right forum for me to talk about the situation here and of the victims who have suffered at the hands of the army and other forces and of the atrocities and the killings. But, I would like to present my own experiences on the basis of what I have come across and observed. I have lived in Israel, a small country which is supposed to have the best army and intelligence in the world and also notoriously well known as the worst violator of human rights along with United States of America. Why I am talking about Israel here is because Manipur and Israel are basically related on the same ground of violations of human rights. This violation has been caused by the enactment of the AFSPA of 1958 passed by the Indian Parliament whose roots derive from the colonial legacy, whose legal and security framework was designed to suppress the freedom movement in India. Given the long career of this Act and its application here in Ma- nipur, a basic and very simple question comes to my mind. This Act has been in force since 1958 till date. Has this Act and its lethal enforcement over the last 51 years solved the problem of insurgency or has it increased the problem? Has the Act that gives special power to

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the army brought peace and stability? If it is a solution then why is it still in operation for 51 of the 63 years that India has been independent? The US, India and many other third world countries try to imitate and emulate Israel. Our own government looks up to Israel with a tremendous sense of respect and awe—respect for the brutal ways of the Israeli security establishment and the manner in which it conducts itself against Palestinians. Here, I’m not comparing the political situation of the two countries. I am comparing the so-called security situation. In 1948, Israel was created through UN mandate. A year before that India gained independence. Israel from its very birth armed and militarised itself and has since been operating with this armed men- tality. Likewise, in India, there has been a steady proliferation of militarised laws and military actions to protect the nation. So, the same questions and motivations haunt the Israeli and Indian states. Neither country has seen peace from the time they came into existence, and both countries have been drenched in the bloodshed by the security agencies and neither country has seen a durable security environment in all these years. Israel has incrementally and cumulatively increased the powers of the army but still Israelis face all kinds of threats today with bombings and killings. This is the paradox of the security paradigm, the more it is pursued through brute power, the more power is required to fight the greater security threat that emerges as a result of it. Israel is in no way secure. Likewise the methods of the Indian State have failed. We claim to be a democracy, but what is happening to our democracy? As the security law progressively modifies itself and the security paradigm gains more prominence can we still call ourselves a democracy? When the State arms itself and kills people with impunity there is proportionately a dilution of democracy. The Act has given the power to non-commissioned officers to cause death on the merest of suspicion. If this is acceptable then why should we not support such

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laws like POTA and TADA that also give power and impunity that exempt from legal action? These laws do not make the army and intelligence more efficient, they merely make them more inefficient by giving them blanket power to kill. More power does not mean more efficiency. In fact, more powers are often given due to the lack of efficiency. Because there is no accountability these powers create the conditions for and encourages grave violations of human rights by arbitrarily picking up people and show that as an achievement that is beyond the purview of proof or evidence or question. Does giving more power to army mean efficient investigations, prosecution and trial? Does it mean efficiency in curbing insurgency or does it mean the creation of a parallel universe of lawlessness, unfreedoms and fears for the ordinary people who are terrorised in the name of order and peace. Manipur is not alone in this regard. Such violations are taking place in other parts of the country. In an incident in Chhattisgarh, a lawyer, who works in the Supreme Court on cases of right to food, on the proper implementation of NREGA and Mid-day Meal Scheme, was bundled into a police jeep and beaten up just because he protested to the police to abstain from picking up a social activist without any reason or without following Justice DK Basu guidelines. Executives were informed but nothing could be done. Press conferences were held but the news has not been brought out because media too are with the State. So, when even a lawyer working in the SC is not safe then where do the common people go? This tribunal is a kind of campaign for the protection of human rights and to shed some light on these issues in- front of all the judges here who have given judgements on varied cases. I would like to salute the family members of the victims, who have all come to give testimonies in spite of the prevailing situation. There is still hope that someday something will be done, justice will be done and this hope is something that should sustain us, all of us who are participating in this tribunal.

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Collective Hopelessness

Sanjai Sharma Director, Health Rights Initiative, HRLN

MY primary concern here is as a health worker. I was trying to see what effects such conflicts have on the regular welfare programmes. Apart from conflict, Manipur also has a high incidence of malaria and a very high incidence of people getting HIV/AIDS and tuberculosis. The programmes to address these are central government programmes. For them to be successful they have to be operational all year round. The whole year from January to December, welfare departments have to work to make people free from these diseases and to ensure women have safe deliveries. But what is happening? The number of cases, as deposed here, and the count that 350 killings have taken place from January till now in 2009 suggest the impediments. A year has 365 days, so if you have 350 killings and each killing episode is enough to derail the functioning of the state for a month or at least a week or even if it derails activities for one day, doctors and nurses will not come to the clinic, patients will find no one to attend to them. The sick will get more sick, the problems will become bigger and bigger and that is what is happening over the last 60 years. The last three to four generations of Manipuris have seen that their health has not been taken care of. My friends here have been telling us that they have to go outside Ma- nipur to study as schools are closed. Health is a state subject, and so is

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law and order, education is also a state subject and each one has to perform equally at all levels. The state should understand that law and order disturbances being created by it should be stopped. The other day, we went to a fair here and the Thailand pavilion happens to be the biggest one. Manipur tourism had a small pavilion. There was not so much of a crowd over there but the Thailand pavilion had the biggest crowd. The government has opened up markets for in- vestment and people are coming in selling their products here and they are selling it at lower prices. The local Manipuri traders will not be able to compete, their goods will go out of the market, there will be more unemployment and on top of it you have guns of the AFSPA. With all these happening, my friend Harsh Dhobal has summed up the situation very nicely—“Collective Hopelessness.” It is hopelessness. Peo- ple who have hope, children who have hope – a family, a small family aspiring for education will relieve them of their poverty – are different from those who do not experience the conditions to entertain hope. The children are getting intellectually crippled; they are not able to get educated. I have worked in other forward areas on the Indian borders where heavy armed forces have their camps, civilian activities are restricted to civilian areas and army restricts itself to its areas and there is harmony, the Armed Forces Special Powers Act is not enforced in these areas and so there is no problem of the kind we see in Manipur. If normal life is not allowed to go on then how can the Union of India’s policies of globalisation, liberalisation and opening up of markets suc- ceed? They are working at cross-purposes. We all have to look at these aspects.

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Resolving the Conflict

Laishram-Cha Jinine Meetei Executive Director, Human Rights Initiative

THE structural violence emerging out of the creation of social and political structures that deny the rights of the indigenous people of Manipur in terms of safety, respect, participation, economy, identity and culture, is considered to be the base for the existing Manipur– India conflict. This is marked by the controversial ‘Manipur Merger Agreement’ which the erstwhile king was made to sign on September 21, 1949 and the imposition of an extra-military legislation called the Armed Forces (Special Powers) Act, 1958 (AFSPA). The politics and intentions that led to the conversion of indigenous culture, religion, script and way of life into Indian homogenisation, the captive market economy, huge influx of migrants, and more importantly the merger of Manipur into India hurt the national pride of the Manipuri people. These are the realities triggering an angry generation among the new community of the youth who were born in the post World War II period. That generation veered into the liberation movement, fighting for the restoration of Manipur’s sovereign independence. Eventually the United National Liberation Front (UNLF) was established on No- vember 24, 1964. Other groups were formed in the following years; People’s Revolutionary Party of Kangleipak (PREPAK) in 1977, Peo- ple’s Liberation Army (PLA) in 1978, Kangleipak Communist Party

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(KCP) in April 1980, and Kanglei Yawon Kanna Lup (KYKL) in Jan- uary 1994. The structural violence activated secondary violence of armed conflict and human rights violations, and other problems of inter-ethnic enmity; the worst level of corruption; paralysed education; facili- tated influx of population; HIV/AIDS and drug abuses; suppressed economy; organised crimes of armed groups having nexus with state armed forces indulging in killing, kidnapping and extortion, etc. This predicament is fuelling a cycle of violence.

The reality

In such an environment, human rights violations, mainly characterised by their genocidal and racial nature, have been an issue for the last few decades in the armed conflict situation of Manipur ever since Govern- ment of India imposed AFSPA with the deployment of a large number of Indian military forces in Manipur. Here there are over 350 military stations for curbing the Armed Opposition Groups (AOGs). Report- edly the chief minister of Manipur, Okram Ibobi, said that 8,000 civilians and 12,000 members of government forces and AOGs have been killed till 20041 since the armed resistance began. The earlier period started from 1970s in the hills and 80s in the valley, the violations by the government armed forces were characterised by massacres, extra-judicial executions, enforced disappearances, rapes, tortures, human shields, arsons, plunders, forced labours and internal displacements, etc. The (small) massacre that killed about five to 10 civilians by the government military forces with excuses killed in self defence and in retaliation or in cross firing was one of the major issues. That were happening occasionally along with the so-called (mil-

1 Amnesty International, India Briefing on the Armed Forces (Special Powers) Act, 1958 – May 2005

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itary) combing operations giving some fancy names like Operation Thunderbolt, Operation Sunny Vale, Operation All Clear, Operation Tornado, Operation Dragnet, etc., were routine. Ever since the AFSPA was imposed in Manipur in 1958, the Naga community had been experiencing the pain and trauma of extra- judicial killings, rapes and degrading treatment in the hills of Manipur. Although there is no confirmed official report on the number of victims of human rights violations, it is believed credibily that a large number of them are suffering from the military brutality mainly in Senapati and Ukhrul districts. This was because of their armed resistance against the Government of India for Naga self-determination that started in 1950s. Relatively lesser number of rights violations by state actors have been heard of since a ceasefire agreement was made between India and NSCN (IM) on August 1, 1997. Among the Meetei and Meetei Pangal (Muslim) communities in the valley and non-Naga tribes in the hills, human rights abuses by the government armed forces remarkably began in the late 1970s. In the name of the counter-insurgency, civilian killings and extra-judicial executions of members of the AOGs in custody, deliberate and indiscriminate firing, torture were reported in the hundreds. Manipur has about 2.6 million population including undocumented migrants and others. Meetei, considered to be majority, having about 0.8 million; Nagas – Kukis and other indigenous peoples constitute about 0.5 million, and Meetei - Pangal (Muslim) is estimated to be about 0.3 million. Altogether about 1.6 million population is cal- culated as Manipuris. The remaining one million is of undocumented migrants and others. Those who have mainland Indian looks are almost free from the human rights violations carried out by the Indian armed forces. 1.6 million population is a small amount in proportion to the government military strength deployed here in Manipur; it is estimated that there is one Indian army person for every 16 Manipuris.

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Rape and sexual abuse incidents have been the hardest data to collect. This is because of the social structure and its conservative tra- dition. Available data appear to be the tip of the iceberg. The social stigma and deep-rooted concern for saving women’s chastity is the reason for curtailing the free flow information of these rights violations. In case of disappearances, Family of Involuntarily Disappear- ances Association, Manipur (FIDAM) was formed in 1999 with the help of human rights activists in Manipur. This family association started movements using litigations and other activities. Fortunately the cases of enforced disappearances appear to be coming down sig- nificantly; FIDAM could check this type of violations at such a level that disappearances are not heard of any more in the recent years. In fact, torture is the most prominent and frequent rights violation, though it is the least documented for the reason that escaping alive from the hands of the perpetrators is very important. The victims of torture hardly go to the law court. The cases of torture include beating, broken bones, electric shocks, forcible drinking of urine, burning of soft skin, insertion of foreign objects into the body, applying hot chillies to the genitalia, etc. One of the violations at the outset was that the government armed forces personnel arrested victims without arrest memos, detained them illegally, administered various types of tortures, forcing them to say they were members of the outlawed organisations or interrogated them to extract information, click photos of the victims in the custody, got their names and other particulars recorded thereby swelling the list of so-called extremists. The more the army arrested people, the longer the list and eventually the more promotions and in- centives they were awarded. The armed forces personnel would shift from one station to the next over a period ranging from six months to two or three years. The new group that arrived at a station would see the record of ‘extremists’

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handled by the previous group. The newly arrived group would start their operation, checking the persons in the list. Most of the torture victims in the list would be picked up and killed in fake encounters. Some of the victims of torture who went to the law court in connection with their illegal detention and degrading treatment escaped this fate. But most of the victims are too afraid to file cases against the government forces. Many of them have gone on to lose their lives in subse- quent cycles of rights violations. Starting from late 2005 until now, people have been experiencing an increase in the levels of violence and killings, carried out mainly by Assam Rifles (AR), Manipur police commandos, Indian Reserved Battalion (IRB), and the very alarming emergence of silent killings happening almost every day by unidentified gunmen and splinter- armed groups that, people allege, operate entirely for extortions. In the year 2008, 303 persons were killed and in the year 2009, till November, 269 persons were killed. The pattern of rights violations has been changing since late 2005. This change is associated with— w Strong anti-AFSPA protests by the people in 2004 following the rape and murder of Ms Manorama by the government forces; w The recommendation from the review committee of home minister of India and Amnesty International for reviewing/repealing AFSPA; w And the 4-point proposal for plebiscite by the armed opposition group, United National Liberation Front, to Government of India in January 2005.

Prior to this, of the so-called extremists/members of the armed opposition groups killed, according to analysis based on family visits, fact-findings and sample examination of circumstances of the incidents, about 75 percent were killed in the state actors’ custody. About

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70 percent of them are innocent civilians. After 2005, according to data based on family visits and fact-findings, about 90 percent of the killings were executed after arrest. About 50 percent of the killings were carried out by unidentified armed persons and non-state actors. Of the cases of alleged extremists/members of the armed opposition groups arrested, about 90 percent do not fall in this actual category as claimed by the security forces. About 95 percent are detained illegally without giving an arrest memo in spite of the Supreme Court’s order to do so. An open secret is that whenever the army and police arrest members of the armed opposition groups, monetary payment is negotiated to either release them or to send them to jail alive. According to credible sources, as the ranks of the so-called extremists differ, the bargaining cost also varies. It ranges from about INR 50,000 to INR 500,000 according to seniority and importance. Nevertheless, in case the top brass of AOGs are nabbed such a deal may not be exercised if the career returns for the concerned officers are higher than the monetary returns from a deal for release. Regarding arms recovery, about 15 percent of the data may be accurate. The reason is that after state actors kill victims, they plant arms near the body or even contrive false confessions of possession of arms. For such arms recovery incidents, the army and police use the same arms from a limited arms stock over and again. As mentioned above, the more they recover, army and police get the more in terms of awards and promotion. Hence they have an incentive to publicise their achievements through exaggerated claims. In fact, when they recover money, the amount is invariably under reported and the remaining part is appropriated by the personnel concerned. The amount of money recovered from the AOGs is just the tip of the iceberg. There is today a greater possibility of innocent people simply being shot dead and their dead bodies being found in some random

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location. When someone, especially a single driver encounters security personnel of the state, particularly after sunset and in isolated spots and especially if they happen to be carrying cash above INR 5000, ex- pensive cell phone or gold made ornament, the risks are very high. In most cases, next of kin have found such possessions to be missing from the victim’s body. One of the causes of such violations is that state security personnel have to pay between INR 300,000 to 1,200,000 to get the job at the time of recruitment. They commit such crimes as a means of making money to pay monthly interest on the principal borrowed for securing the job. Moreover, government forces are using drug users and anti-social elements as their informers, providing them with money and drugs, who have an incentive to provide false information, thereby increasing the number of victims of fake encounters. In fact, killings based on misleading information supplied by such agents are on the rise. The motivations could range from drug money to vendetta. There was also widespread popular suspicion about the involvement of government security personnel in the sudden appearance and disappearance of the mysterious man in black who robbed people who would vanish the moment a police vehicle arrived on the spot. In a few cases, according to eye witnesses, the man in black got into the security vehicle. In most cases when locals tried to catch the miscreant, they found police vehicles already stationed in the vicinity of the prowler. The newspapers the following day would report that the police had gone to nab the suspect but could not find him. The official data on the numbers of extremists who have surrendered may be more accurate. It is estimated that about 65 percent of the data is authentic. As much as 20 percent of it may be manipulated with aim of showing fake surrenders in order to bolster their claim of executing a successful counter insurgency mission in Manipur. About 15 percent of those who surrender are not from the armed op-

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position organisations at all. They are either the members of gangs who indulge in robbery, kidnapping, smuggling, etc. Their surrender is part of a lucrative monetary nexus with government forces. A few years ago the story of a fake surrender drama captured headlines in the newspapers2. The government forces attempted to lure unemployed youths by convincing them they would be provided jobs in the armed forces. Thereafter these youths were shown to the media in full combat dress, their faces covered with scarves, holding AK rifles, as armed cadre who had surrendered. Some parents of these youths came to know of the dangers involved and eventually these boys were rescued through litigation. The government has made many hollow appeals to the under- grounds to return to the so called mainstream. It does not seem to be capable of providing those who do surrender even with the basic re- quirements of food, shelter and clothing, leave alone ensuring proper rehabilitation. There are credible reports that the surrendered under- grounds are used by the army for continuing the cycle of violence. As far as human rights violations in Manipur are concerned, there are fewer reports of killing, rape, torture, etc of immigrants and residents from the mainland India. Of the total population of 2.6 million, about one million people do not have Mongoloid facial feature and they are usually free from Indian military excesses and from the effects of AFSPA. However, in the last two years, killings of non-locals by unidentified armed persons have increased. Local indigenous or-

2 The parents of the five youths filed different habeas corpus petitions with the Imphal bench of the Gauhati High Court on April 24, 2006. In the petitions, the guardians sought the release of the youths, who were at that time in the custody of the Assam Rifles.

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ganisations and groups have condemned and protested the violence. Young boys and newly married men aged between 16 to 35 constitute about 85 percent of those killed in the custody of the state. Some of them were eager to join the Indian Armed Forces. According to the statements of the victims’ families and friends, they attended selection tests and walk-in interviews. The estimation based on family visits is that about 75 percent of custodial killings are of recently married youth and young fathers who are survived by one or two children. Most of these children are in the age group of 6 months to 6 years; many of these wives are pregnant at the time of their husbands’ executions. On August 15, 2009, armed forces and police in Manipur were awarded 74 so-called gallantry medals of the 212 awarded in total that year. This is an indication of the number of extra-judicial executions, tortures and illegal detentions pertaining to a small population of 1.6 million Manipuris compared to a billion Indians. People are critical of these gallantry medals for encouraging state terror. Some AOG members come out obeying the government’s earnest call. The irony is that those surrendered and retired are the most frequent victims of extra-judicial executions and tortures. Usually they are killed after they have returned to normal life. Common FIR charges against the victims filed by police and army personnel are under section 307/506/384/326 Indian Penal Code, 25 (1-b and c) Arms Act, and 17/18/20 Unlawful Activities Pre- vention Act. Most of the data from the government sources coming through the police and army are not so credible. In such an atmosphere of armed conflict/counter insurgency operations, apparently for some reason, perhaps for better propaganda strategy, the actual information is manipulated. It needs to be verified and corroborated or denied throught independent fact-finding, circumstantial examination, family visits, etc. The government’s language in their routine reports of killings

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of members of armed opposition group/ proscribed outfits is that unknown persons were shot at in self defence after they refused to stop and instead fired on them when the police/AR/Army commanded them to stop. Usually it is the case that Manipur police commandos or Assam Rifles or a combined force approached the location and the individuals on getting specific information and the victims were killed in the ensuing encounter while the others escaped under cover of darkness and heavy and indiscriminate firing. A mysterious expertise of state actors is that they somehow manage never to get injured in the exchange of fire. The perpetrators of the occasional killing of civilians in cross firing by the government forces are the forces of the central government of India viz. Central Reserve police Force (CRPF), Border Security Force (BSF), Maratha Regiment, Rajputana Rifles, Rajput Regiment, JK Rifles, etc. The recent culprits are the Assam Rifles, Manipur police commandos and IRB. The Assam Rifles is part of the Indian army, but the name misleads outsiders into thinking that the central government has no role in the atrocities in Manipur. Manipur police commandos and Indian Reserve Battalions (IRB) on the other hand are drawn entirely from the indigenous people of the region, raising the possibility of a war between the indigenous groups of Manipur and Northeast. Destruction of evidence of the extra-judicial executions due to improper disposal of dead bodies in the Regional Institute of Medical Sciences (RIMS) mortuary and other (primary) health centres, autopsy procedures that do not comply with the custodial killings, quick disposal of the bodies, neglect of forensic examination, etc. have been the usual practice. The discouraging response and behaviour of the government to human rights institution and media community is quite marked. The Manipur state human rights commission (state level human rights institutions) is shackled by limitations in the extent of its powers. It

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cannot compel compliance by armed and paramilitary forces. The government often abuses the mandate of the commission3. It is also inad- equately staffed and supported with other resources4. Further, the physical threat to the media community by government using state forces and other anti-media groups is on the rise. The government of India and the state government of Manipur continue to allow rights violations by their armed forces and counter- insurgency police, particularly as regards extra-judicial executions with impunity. This is the case despite the concerns and recommendations regarding AFSPA expressed by independent experts of monitoring mechanisms for international conventions and treaties to which India is party. New Delhi imposes a military legislation more severe than a war-time law, even violating non-derogable rights mentioned in Article 4 of the International Covenant on Civil and Political Rights and cod- ified in the same covenant :

Article 6: Right to life Article 7: Right not to be tortured Article 8: Right against slavery Article 11: Right against imprisonment for non-fulfill ment of contractual obligation Article 15: Right not to be held guilty for an act or omission, which did not constitute a crime at the time of when it was committed Article 16: Right to be recognised as a person before the law

3 Imphal, October 08, 2009 - Hueiyen News Service: Home clarifies on directive to MHRC to close probe. 4 Imphal June 27, 2008 - Sangai Express; WA Shishak, Chairperson, Manipur Rights Commission, decried that even as the MHRC has completed 10 years, the government has been refusing to provide necessary infrastructure for the Commission causing severe impediments while discharging its functions.

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Article 18: Right to freedom of thought, conscience and religion The nature of the conflict in Manipur is mainly that of a liberation-armed movement with low-intensity war against the Govern- ment of India. It is a sustained conflict between organised armed forces and each side feels increasingly justified to use violence as retaliation of the violence of the other side. Instead of addressing root causes and using the democratic space to resolve issues, the government under- takes policies that escalates the tendency of civil/ethnic war. There is a violent intent in the actions of the government even in its peace talk or suspension of operations where it allows some armed groups free to continue violent activities towards other ethnic groups. The people are unhappy with the government forces, primarily Assam Rifles, for their active involvement in destabilising communal harmony in the re- gion5. This is similar to the government strategy of using Manipur police commandos, Indian Reserve Battalions (IRB) village defence force6, and special police officers7 – all made up of local indigenous youths of Manipur. There has been extraordinary increase in the discontentment in people after the rise of global consumerism and the lack of economic means for the majority of the people. This is all the more aggravating since representatives of the government seem to do very well for themselves. So far the government has not introduced any productive policy to address and meet the economic needs of the indigenous peoples.

5 Poknapham News Service, Imphal, June 6, 2007: Assam Rifles in Manipur play communal cards for years trying to bring enmity among the communities, it is his experience, said Morung Makunga, MLA of Tengnoupal Assembly Constituency. 6 www.deccanchronicle.com/.../manipur-recruit-over-3000-vdf-members; 2nd Oct- PTI. 7 A state cabinet meeting of the Government of Manipur (India) chaired by Chief Minister Okram Ibobi on May 2, 2008 made an order and consequently started arming SPOs on June 12, 2008 providing 300 guns to Heirok and 200 to Chajing people.

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Such discrepancies and failures bring to the surface tensions that could easily polarise and confuse people on issues of development such as dam and road construction, airport expansion, look east policy, etc. which are the hidden agendas, without the free, prior and informed consent of the people. Encouraging or ignoring the rampant drug abuse, the risk of HIV/AIDS and alcoholism adds to the process of destroying society from inside8.

Impunity

Inquiries and investigations are neither properly instituted nor conducted. Punishment is not meted out; perpetrators go scot free to repeat the rights violations. In the recent years the present chief minister, Mr Okram Ibobi, has been rejecting the demands of the families and JACs related to the victims of extra-judicial executions for independent judicial inquiry on the basis of army and police officers reports that the victims have connections with or are members of underground organisations. In many cases even Indian law courts have given verdicts to grant compensation to the victim by the culprits/party. Ex-gratia has also been granted through legislators, which legally implies the security personnel who killed victims in encounters are guilty. Regarding the murder of Miss Thangjam Manorama, the Government of Ma- nipur in exercise of powers conferred by section 3 of the Commission of Inquiry Act, 1952 (60 of 1962) appointed a Commission of Inquiry presided by Mr C Upendra Singh, (Retd.) district and Session Judge by a notice under home department, Manipur dated July 12, 2004. However, Assam Rifles in writ petitions (c) no. 5817 of 2004 and (c) no. 6187 of 2004 [Gauhati High Court] has challenged the Commis- sion of Judicial Inquiry saying that the commission under the Govern-

8 Manipur, a small state with a population of only 2.4 million in the Northeast region of India, has the highest concentration of HIV infection in the country. www.yale.edu/cira/parivartan

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ment of Manipur has no legal validity over the Indian armed forces, quoting section 6 of the AFSPA according to which, “No prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the central government against any person in respect of anything done or purported to be done in exercise of powers conferred by this Act”. The Gauhati High Court endorsed this legal provision, in its judgement and order dated 23/6/05. The provisions of AFSPA cause serious inconvenience to the families of victims. Indian military court curtails the rights of independent and impartial justice. It disregards the doctrine of natural justice – “No one should be a judge in his own cause”. Armed forces officers convene the martial tribunals and an officer known as Judge Advocate General in the armed forces acts as the judge for every offence committed by military personnel. The Constitution of India, vide Article 136 (2), specifically ex- cluded from the jurisdiction of the Supreme Court, and that of the high courts by Article 227, offences committed under the Army Act 1950, the Air Force Act 1950 and Navy Act 1957. Similarly, the Indian Penal Code/Criminal Procedure Court does not give jurisdiction to criminal courts over defence personnel in respect of offences committed under these Acts. Such persons and offences are tried by Court Mar- tial. Even if personnel of the armed forces are detained by local police and kept in custody, the Criminal Procedure Court provides that he should be handed over to military authorities to be tried under court martial. The court martial, though a legal tribunal, is not a part of the judiciary of the country. It is, however, the only court where a case of military offence can be tried, determined and punished. The superior civil courts, that is, the Supreme Court and high courts, have no ap- pellate jurisdiction and no appeal to any civil court lies from punishment awarded. The only way by which the decision on proceedings of a court martial can, to a very limited extent, be challenged is by way of

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the writ jurisdiction of the Supreme Court and high courts under Article 32 and 226 of the Indian Constitution respectively.

Peoples’ protest

The people of Manipur have been facing and struggling against this relentless situation. Every single human rights violation is followed by people’s protest. They come out on the streets. They have done whatever they can do, from sit-in-protest to self-immolation, from rallies to mothers’ nude agitation, from economic blockade to general strike and from effigy-burning to Sharmila’s nine years long hunger strike. All communities, age groups, professions and even the disabled join these protests. During these protests, hundreds of people are injured, some of them severely. Many human rights defenders and social activists are arrested under National Security Act,1980 and detained in jail for up to a period of 12 months without granting any opportunity for trial. International journalists and human rights workers besides other general foreign tourists are not permitted to enter Manipur under For- eigners Protected Areas Order, 1958. Article 51 (c) of the Indian Constitution underlines the promotion of international peace and security and to foster respect for international law and treaty obligations in the dealings of organised people with one another. However, undermining international mechanisms, New Delhi squarely rejected the proposal by an AOG, the United National Liberation Front, for resolving the Manipur-India conflict through the democratic process of plebiscite. With a view to resolving the conflict satisfactorily once and for all, the UNLF put forward a four-point proposal cited as below: 1. ‘Plebiscite’ under the supervision of the UN 2. Deployment of UN peacekeeping force

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3. UNLF to deposit all weapons to the UN peace keeping force, and India to pull out all military and paramilitary forces from Ma- nipur, and 4. Transfer of political power in accordance with the outcome of the plebiscite

Considering the above points, the attention of the authorities in the United Nations, particularly those relating to the Convention on the Prevention and Punishment of the Crime of Genocide should be drawn to have quick and efficient action in order to stop the gross human rights violation of extra-judicial executions against the ethnic peoples of Manipur, and to ensure justice by instituting a proper investigation and tribunal. There is also an urgent need to amend section 19 of the Pro- tection of Human Rights Act which prohibits the National Human Rights Commission and state human rights commissions from inde- pendently investigating allegations of human rights violations by members of the armed or paramilitary forces. Likewise Article 136 (2) and 227 (4) of the Indian Constitution should be amended so that there can be judicial access to the crimes committed by the government armed forces. India should extend a standing invitation for all special procedures and respond positively and expeditiously to specific requests for visits by special procedures mandate holders such as the Special Rap- porteurs on extra-judicial execution, torture, and the working groups on enforced disappearances and arbitrary detention, and the special representative on racism. India ratified the Geneva Conventions on October 16, 1950. On August 14, 1961, by enacting the Geneva Conventions Act, Par- liament of India brought it into force throughout country. It is, therefore, obligatory to implement the International Humanitarian

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Law—the Four Geneva Conventions—as the peoples of Manipur are trapped in an armed conflict situation. The state government must also allow access to the international humanitarian agencies of ICRC, international defenders and journalists.

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Gross Human Rights Violations

Wahengbam Joykumar Executive Director, Eastern Rural Development Centre

MY family and I myself have experienced torture at the hands of the Assam Rifles (AR) in Manipur. I do not want to disclose my personal problem but I have to speak today about the experience for the sake of justice. I experienced the brutal threat and intimidation of the security forces in the year 1999 and I along with my family members, including my wife, were tortured by AR and as a result of it, my wife now suffers from psychiatric problems and I, as also my brother, have developed psycho-somatic diseases. I have repeatedly filed several petitions to MHRC and later to the NHRC (about my brother who has been severely tortured) but the cases were kept in the cold storage of NHRC. Assam Rifles has been torturing people repeatedly. I would like to share another case. I had provided logistical support to a girl of Yairipok village, Thoubal district, who had been interrogated by the personnel of Assam Rifles. They released the audio cassette regarding her interrogation and subsequently the said girl committed suicide out of humil- iation. A case was filed with MHRC and, thereafter, referred to NHRC. Today in such conditions of gross human rights violations without any scope for redressal, the Manipur police and the armed forces of India have been manipulating the facts and circumstances of the incidents and consequently enjoy impunity. The police do not take up cases regarding extra-judicial killings or torture on the pretext that the

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victims were suspected to be members of proscribed organisations or related with them even though they have never offered any substantive proof. Such killings have been taking place frequently now that the people of Manipur do not believe in registering cases with the police and the criminal justice system of the land. Under AFSPA, a mere Assam Rifles sepoy has more power than an elected MLA. Police have kept mum and refused investigations. I once handled the disappearance of a boy after arrest by the security forces. I handled the Sanamacha

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disappearance case in the year 1998. The police returned the said FIR without doing anything. Many cases are being filed at the high court but then the cases are pending. People are waiting for justice, which clearly is very scarce. I do not want to blame the judges for delaying cases but justice delayed is justice denied. The police reform has not been implemented here in Manipur though the state government has filed its affidavit that they have implemented it in accordance with the direction of the Supreme Court of India. At present there is no police complaint authority and security council etc. under the police reform system. Innocent people are being killed in the name of the counter-insurgency operation. The police have tried to manufacture false evidence in order to suit their convenience. The state police fail to take up cases and they are reluctant to lodge FIRs against the central security forces. Executives speak on behalf of superiors and they can even influence the judiciary sometimes. A people’s movement has to emerge for the protection of the human rights but ultimately the people get victimised. People have to wake up the present government which is silent regarding the tortures, killings etc. There is no transparency in the governance of the state and at the same time the police also do not investigate into the cases of fake encounters, torture etc. In such conditions, where will people go to seek justice? This programme is one way to express the voice of the people to unite themselves against injustice. So, this IPT is very important.

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Observations OF THE JURY MEMBERS

Hon’ble Ms Justice KK Usha, Former Chief Justice, Kerala High Court Hon’ble Mr Justice DK Basu, Former Judge, Calcutta High Court Hon’ble Mr Justice Malay Sengupta, Former Acting Chief Justice, Sikkim High Court Mr C Upendra Singh, Retired District and Sessions Judge, Manipur Mr Lisham Rabindra Singh, Retired Judge and former Member, Manipur Human Rights Commission Mr Yambem Laba, Former Member, Manipur Human Rights Commission

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Protection of Human Rights

Hon’ble Ms Justice KK Usha Former Chief Justice, Kerala High Court

WE have been hearing about what is happening in Manipur even in the far-off states like Kerala, and we feel helpless to do anything. I was rather reluctant to come here owing to difficulty in walking but ultimately I felt I would regret it for the rest of my life if I did not come and raise even a single finger in support of the suffering humanity of Manipur, especially the women of the state. We thought of Manipuri women as dancers with beautiful movements of the body. We know that behind all the glitter and beautiful movement, there is suffering, there is the smell of blood and death. The physical, mental and psy- chological suffering of the women is ever present. For two days we have been hearing the victims’ families – mothers, wives, sisters. A woman who had a baby on her back when she was giving testimony, started crying, and with her the baby also started crying. It was so moving that all of us felt we had to do something urgently and find some way of doing it. It is not sufficient to just hear and speak, we must have a constructive programme. I hope in our report we will be able to provide suggestions which can be used by human rights activists not only in Manipur and Delhi but also all over India to support the cause and to see that the situation improves. One of the speakers said that an amendment has been made in the Armed Forces (Special Powers) Act, 1958 in the present winter session of Parliament, but we are not aware what exactly the nature of the amendment is.

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It was so moving that all of us felt we had to do something urgently and find some way of doing it. It is not sufficient to just hear and speak, we must have a constructive programme

All the necessary protective laws exist, the only problem is that we are not taking advantage of them. Ordinary people are not aware of these provisions of the law. In Kerala, we have a legal literacy programme that is very effectively done – through panchayats, schools, colleges, both by the government and NGOs – so that most of the people in Kerala are aware of their rights and the methods by which they can get relief. The main problem is that people across the country are not aware of their rights and duties. It is necessary that legal literacy be brought to ordinary people so as to make them aware. If the police do not record complaints, there is a provision for filing a private complaint but for that legal assistance is necessary. There must be a group of lawyers who are prepared to assist common people. Professor Bimola in her speech said that the application of AFSPA has been removed from certain municipal areas in Imphal. I was told that this was done in 2004 and the provision of the Act was that AFSPA has been removed from seven constituencies. If that were so, we should examine the cases that have come before this tribunal to see if anyone of them has happened within any of these seven constituencies. If such incidents have happened in any of these seven constituencies, the immunity provision under section 6 of the Act, which protects an officer from legal proceedings, will not be applicable. In many of the cases, victims were taken from their homes and killed in front of family or villagers. If the perpetrators put forward the case that it is a confrontation or it comes under clause 4 (a) then you have to go

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through the procedure of arrest prescribed in section 4(b). So, in order to avoid all these procedures, they tried to brief it under clause 4(a). What I am saying is even if a case happens inside any of these seven constituencies, sections 4(a) or 4 cannot apply and immunity cannot also be applied and must proceed separately in respect to all the cases. This is my suggestion. You have heard Mr Yambam Laba and what he has to say about the limited power of the state human rights commission, under which he cannot give any direction or order but only recommendations, which will be thrown into the dustbin. But then with that limited power Mr Laba could do many things. So, with limited power if you have a sense of protecting human rights, you will certainly be able to do something. It is not the regular court that has a constitutional duty to protect human rights but how do you approach the regular courts in the right manner, for which the ordinary people would certainly require the assistance of lawyers, professors and other human rights activists. Of course, it is good to agitate and protest because that is the only thing that will catch the headlines in newspapers all over India. It is very unfortunate that there is no nationwide discussion about the application of this 1958 Act to the seven sister states of Northeast. I do not know whether I have become sadder or happier after coming here. I am sadder after hearing all the women who are here and before whom we are all standing helpless. But I’m happier that there are a group of people, men and women, who are really interested in protecting human rights. Maybe some of them do not have the correct guidance, but in their heart of hearts they really want to protect the human rights of the people of this area. I find that the women face double jeopardy. Yesterday we heard a woman whose husband has been killed, and now she is thrown out of her husband’s house with her two children because her sister-in-law happens to feel that her husband died because of that woman’s ill fate. Another woman lost her sight

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after the birth of her first son. She is a graduate in home science, but she had to give birth to one more son even after becoming blind. So, this is the plight of the womanhood in India even now. I hope that with the support of human rights activists, not only here but also in Delhi and everywhere in India, we will certainly bring a new tomorrow for the people, especially the women, of the seven states in the Northeast.

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Life is Not Cheap

Hon’ble Mr Justice DK Basu Former Judge, Calcutta High Court

SINCE Friday we are here and we have heard a number of victims’ family members, the nature of torture, how it was executed, the high handedness of enforcement authorities, military, and police commandos acting without any provocation from people. Young men were killed brutally. Now all these have happened after AFSPA came into force and the insurgency in Manipur. This Act was operative only in Manipur when it came into force in 1958. Thereafter, by an amendment in 1986, the operation of the Act was extended to other six states with effect from February 28, 1987. For the last three days we have heard the victims’ family members. Some were given ex-gratia. However, no action has so far been taken against the police, the commandos, the military, who had committed the crime. Without any reason some boys are taken and killed. Sometimes women are killed. Some committee is formed locally and they approach the chief minister. The chief minister gives a sum of money to the victim’s family in some cases and in some cases he refuses to pay. But all this is not new. In Manipur, perhaps in 1984, in one incident two persons were killed by military commandos. The matter was brought before the Supreme Court by public interest litigation filed by Sebastian Hungary, a student of JNU. The Supreme Court granted Rs 1 lakh as compensation and leave was given to them to ask for compensation and for prosecution from the state. That established

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Just giving some paltry sum by an MLA or the CM is not a remedy. Why has the citizen not been given the remedy he or she is entitled to. Why have the perpetrators not been taken into custody. I think these kinds of cases, this kind of incident or occurrence can be challenged in the high court

the precedent of this payment of Rs 1 lakh to the victim’s family by the CM or MLA. It is unfortunate that the price of a citizen, the price of a young man, the price of an ordinary person is around Rs. 1 lakh. Therefore, Rs 1 lakh has been fixed as the price of the life. This is the fact. Now consider the Act. The armed forces mean the military forces – the air force as well as land forces, and include other armed forces of the union operating here. But there is no reference that the police authorities have some obligation or they are required to take steps on some death or any kind of atrocities or any kind of extra-judicial execution and enforced disappearance. Now Gauhati High Court passed an order that in case of arrest, the arrest comes first and then execution. A person is taken away from his house and he was shot dead outside the house, outside his bedroom, on the street. Now, executions or killings will come after the arrest. Therefore, the first step is to arrest. Now in Gauhati High Court a matter was considered that what was to be done if a person was arrested? Now that person has to be produced before the police authority, OC of the nearest police station. Perhaps you know that the question of arrest and its attendant procedures was even considered by the Supreme Court in a case in 1997. The Supreme Court has given guidelines on the procedures to be followed after arrest. The Supreme Court in that judgement said that if a person is apprehended, taken in custody, the police is under

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obligation to issue arrest memo. Here in the last two-three days we have heard that a person was taken from his house wearing his under- garment and he was taken outside and his family came to know from the media that the boy had been killed without any reason. But when the boy was killed, and that is the peculiar part of the entire accident if may I say so, he was given a dress. The victim was given boots and trousers and other dresses. Do you think that they were thinking that a person should not be naked for the killing and for that reason they dressed him up? No, he was given the dress only to show people, the authorities, that this person was taken outside in his usual dress. Oth- erwise, you can allege that he was taken from his residence when he was in his undergarments, taken outside and shot dead. In these two days we have come to know certain things which reflect on the gravity of the situation and how things are happening in Manipur. In the Hol- lendra Gogoi Vs Union of India case, in the year 1991, Gauhati High Court, GLR 3081, said that the army is duty-bound to hand over the particular arrestee to the OC of the nearest police station. Therefore, if a person is taken into custody by the army commando in joint operations, if a person is taken from his house at midnight or at any time, if a person is taken from the street, if he was taken by the commando and he was shot dead before showing his arrest, the judiciary has to come forward with these kind of cases. If a commando arrests any person, he cannot just take away the man for any reason. Irrespective of any affiliation to any insurgent group or not, that individual has to be taken to the police station. Has this been done in the cases we have heard? No. In our country there are laws, statutory laws, contitutional laws, there are judicial laws. Why is it that AFSPA, 1958 can overthrow the judgment or modalities of the order passed by the Supreme Court or in custodial violence cases? Can this Act overthrow the Supreme Court’s guideline? Therefore, if a person is arrested, the person has to be placed before

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the police station. Now there has been non-compliance of these modalities by the army, commandos and police. Therefore, you can imagine before going to morgue the destiny of the man with 10 bullet injuries, 50 bullets injuries. You have to go and approach the police station that the individual has been apprehended, is under arrest. Then legal steps will be taken. There is a procedure but this procedure has not been adopted anywhere. In the last two days, we have gone through a number of statements, a number of depositions. In one particular case, that of Naoba Singh who was killed on the midnight of March 14-15, 2004, the government of Manipur has entrusted the CBI with carrying out the investigation of the case registered in Patsoi police station. There- after, through HRLN, a writ petition was filed and some orders were passed. But unfortunately they failed to appoint a CBI inquiry under the particular Act. Whenever a lawyer in the high court or in the Supreme Court asks a judge to give directions for a CBI inquiry into an incident, opposition comes from the state government or union government. They claim that a CBI inquiry is not necessary because a local enquiry by the police will be done. But here in this particular case, the government actually gave an order asking the CBI to hold an enquiry and yet nothing has happened. This is one of the rarest of rare incidents where the government has come forward, and considering the gravity of the situation, issued an order for a CBI inquiry. Here we find that the CBI has not initiated any action though the matter is pending in high court. In order to safeguard the interest of the citizens against this kind of killing, we will have to approach the high court. In other words the situation is not new and has been developing for the last 25 years. Just giving some paltry sum by an MLA or the CM is not a remedy. Why has the citizen not been given the remedy he or she is entitled to? Why have the perpetrator not been taken into custody? I think these kind of cases, these kinds of incident or occurrences can

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be challenged in the high court. Those of you who are working on these issues, the activists of HRLN, members of civil society, should not accept these killings and atrocities by the commandos or the police. Therefore, it is necessary that these be challenged before the appropriate court. Human rights activists should not be slow nor should they hesitate to challenge these kinds of atrocities and killings before the court. In this particular Act, there is a provision for a periodical review of the Act. As you have heard right now from Babloo Loitongbam, an amendment of this Act will possibly be placed before the sessionof the Parliament. Babloo Loitongbam could not tell us the nature of the amendment, but we have reason to believe that government will think twice when all these aspects are considered. You have heard from Justice Sengupta that such incidents are not restricted to Manipur only. Such incidents are happening in other states as well – Jharkhand, Chhattis- garh, UP. It is hoped that by ammendment in Parliament the Act will be modified and possibly some legal remedies will be provided, including periodical review by a group of officers and ultimately the judiciary. In this kind of review, activists can challenge the Act in the court of law by invoking the jurisdiction of high court by public interest litigation. In a particular case, in the Naga People’s Movement for Human Rights Vs Union of India, in the year 1998, Supreme Court Cases 431, the Supreme Court has ruled that there should be a mechanism for periodical review. If there has been no review of the people killed each year, we can take the assistance of Supreme Court’s judgement and ask for the review of this kind of action by the police and military authorities in different parts of Manipur. I think that the report and our recommendations, which will be published, should be given to the Union of India and this report can be considered in the court where writ petitions are pending. This report can be given to the National Human Rights Commission and SHRC. This report can be given to Supreme Court. And from all this, for the governance of the state, we hope that

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this law will be repealed at the earliest and our government will come to the understanding that Manipur, a distant part of the country, is not outside India, it is very much part of our country. Therefore, we cannot ignore the aspirations of the people. Therefore, the government should come forward to address the people’s aspiration and this will be our recommendation and the recommendation by the panel.

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Murders Most Foul

Hon’ble Mr Justice Malay Sengupta Former Acting Chief Justice, Sikkim High Court

SINCE the last two days, we have heard depositions by the relatives of the deceased and victims who have been killed mercilessly at the hands of commandos or other personnel of the armed security forces. AFSPA is really a draconian law. Though it is very short in size, it has enormous power, which can kill the whole humanity in the garb of law. This immunity has been given to armed forces personnel. Can we say it from the core of our heart that anybody, the armed forces or the police in the rebellion affected area should be given the power to kill somebody because there is a specific provision for arresting somebody? Whenever some arrest is made, it should be reported to the local police station. That is the main provision here. The other provision is the immunity given to them. Now, for the last two days we have heard quite a number of depositions. In most cases arrest was always for elimination of the arrested person. Let it be considered for a moment that the person whom they, the armed forces or the commandos, feel may be a vulnerable part in the state. That is not permissible by any law. What to speak of this particular law, which is in operation in this area. I come from West Bengal. We are also facing very recently, not like you where it is a continuous one; very recently the Maoists etc., are in movement. There is also killing but it is not done in a manner which is being done here. There are also arrests there but in the name of elimination of these unwanted

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members of the gang, they are taking some steps, which are unknown here in Manipur. We have found in our hearing, how the government acts. I remember, we were holding a public hearing in West Bengal when a notice, only a notice of request and not a summon, was sent to the police commissioner, saying that you please come and clarify whatever is said by the victims. For that only, for giving the notice of request, the organisation which was conducting this, their office was raided.It was unsafe and this is the manner in which the police reacts when someone acts against their will. Even if we concede that the victims were involved in extremist activities, no one has given the police the authority to eliminate them in this manner. We have seen that in almost all the cases there were innumerable bullet piercings – it is not necessary, if you want to kill somebody,

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one or two bullets are enough. Not only their face but also their limbs were damaged like anything. So, in one of the cases, you see that dirty things were put inside the mouth of the victim’s dead body, and nowhere were they produced before the local police, this is the rule which has been here. In one of the cases, the victim was asked to start running and thereafter bullets were shot and not only one or two bullets, there were 11 bullets. We have seen one innocent driver, he was moving with the vehicle and he was attacked. The allegation was that he did not stop when he was asked to. This is the reason. We have seen in one of the cases, someone went to the medical shop, there was rampant firing and a lady was killed. It had come out in news in a big way before we reached here. They are being treated in this manner. Fortu- nately, this type of treatment cannot last long. People must react, what our observation is that JAC is formed then and there when the police, the MLAs or the ministers don’t lend the ears to listen to victims, and whenever JAC is formed, a protest is raised against the Act or rules, etc. The government is slightly moved and the people get some sort of ex-gratia, please take this and stop protesting. They also know the local custom that they are not allowed to keep a dead body lying without a cremation, etc. But they take the opportunity and the government ne- gotiates with them and through the intervention of the local MLAs, they just pay the amount and the poor people are satisfied. They are not allowed to lodge an FIR. I should say that it will come in our report but what we feel is that the organisers and the human rights activists should teach the victims or the poor people of the village what is to be done when FIR is not recorded, what is to be done with their help to move the government and thereafter the HRC here and if necessary to go to the high court with the writ petition. We have prepared our report, Justice Usha will be presenting it. But it will not be presented in full form, instead it will be presented

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is in the draft form because we are not living in the same place. It would be discussed among ourselves by rotation of the draft report and the main report would be published before the public of this place within no time.

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The Legal Logjam

C Upendra Singh Retired District and Sessions Judge, Manipur

DURING the last two days, we have heard shocking testimonies from the family members of victims mercilessly killed by the security forces. But we do not have any account from the security forces. As said by Justice DK Basu and Hon’ble Mr Justice Malay Sengupta (retired), and as suggested by me at the Bhubaneswar session, in such cases, it will be proper to issue notice on the security (both centre and state) to have their say. Now, the state of Manipur is in turmoil. For some years now the security personnel here in Manipur, do not follow the rule of law, do not regard the directions of Hon’ble Supreme Court and what is written in the law of land. They do whatever they think fit. Since the introduction of the Armed Forces (Assam & Manipur) Special Powers Act, the situation has gone from bad to worse. Under this Act, the life of the citizens has radically changed. The protection guaranteed under the Constitution and other laws of the land are not regulated. There has been a complete breakdown of the rule of law. Under the existing law, the security forces (both central and state forces) have the legal right to arrest and interrogate any suspect on some credible information and evidence against such a person, but they fail to act in accordance with the law. While arresting and inter- rogating the arrested person or the person in their custody, they totally disregard the directions of the Hon’ble Supreme Court.

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Since 2005 the application of AFSPA has been withdrawn from seven assembly constituencies in the Imphal area. But the situation has not improved in these areas. We hear of many incidents involving the arrest of many innocent persons on false charges from the Imphal municipal areas

There had been many cases of enforced disappearance, after picking up ‘suspects’ from their houses or from any another place and killing innocent persons at isolated places or even in the vicinity of their houses with complete impunity. But the security people have prof- fered concocted versions of events. These versions lack credibility when judged by the standards of ordinary common sense. In these versions, there does not seem to be any bona fide attempt to arrest but rather there appears to be prima facie intention to apprehend with the objective of causing death or injury. This is clear from the repeated disregard for Supreme Court directives and the fact that no arrest memo is issued to the victims at the time of arrest. All this is happening in the climate of impunity introduced by the operation of the AFSPA. Under this Act, as a matter of routine the Army and paramilitary personnel arbitrarily arrest, torture, extra- judicially execute, and involuntarily disappear many persons. Many women are raped and sexually harassed. There is no rule of law where AFSPA is in operation. However, it may be noticed that since the Manorama incident in 2004, there has been some improvement in the conduct of the central forces. The crimes committed by them have come down to some extent but we hear of many crimes of extra-judicial killings and fake encounters committed by the state forces.

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Since 2005, the application of AFSPA has been withdrawn from seven assembly constituencies in the Imphal area. But the situation has not improved in these areas. We hear of many incidents involving the arrest of many innocent persons on false charges from the Imphal municipal areas. The security harass them outside the Imphal municipal areas i.e. in the areas where the disturbed area status is applicable. Further, under section 6 of the AFSPA, no legal proceedings can be taken up ordinarily for the acts committed by the army and paramilitary forces. In order to invoke section 6 of AFSPA, the security people, particularly state forces, use the coined phrase “Combined Force” so that even the extra-judicial killings, torture etc., committed by the state forces will fall within the purview of section 6 of AFSPA and so ensure exemption from legal proceedings. Here, it may be mentioned that in the July 23, Khwairamband Bazar incident, central forces were absent. This was fortunate for the people and unfortunate for the government. To obtain sanction from the central government for prosecution is not easy. Regarding the stories narrated by the family members of victims, I find that no first information report (FIR) was lodged with the OC of the concerned police stations in most cases. In some cases, reports could not be lodged because the police refused to entertain them. Though in some cases applications were filed with the superintendent of police but no result materialised from it. In some cases writ applications to the Gauhati High Court, Imphal Bench were filed for di- recting to register FIR with the concerned police. To my mind, this is not proper. If the concerned officer of the police station refuses to register and the application to superintendent of police under sub section (3) of section 154 CrPC is not fruitful according to the procedure laid down in CrPC, it will be proper to file a complaint under section 200 CrPC to the magistrate. Though the hon’ble high court may admit writ petitions and direct to register the report there is always the pos-

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sibility that it may ask petitioners if they had exhausted other procedures laid down in CrPC. In matters concerning police and the filing of FIR, it is possible that the OC of the concerned police stations might have refused to register or give direction for registration of reports by the families of the victims simply on the ground that FIRs filed by the perpetrators were already in existence. It is possible that they may be unaware of the change in the law. Now any cross case can be accepted. It is unfortunate to note from the testimonies that after the extra-judicial killings, invariably, joint action committees had been formed to make various demands. But after getting some money, say Rs 50,000 or 1,00,000 either from the local MLA or some other agency of the government, they were mollified and did not pursue further action in many of the cases. This is not proper as it will affect seriously the right to life and rule of law. In this connection it is necessary to follow the example of Shri Loitongbam Sharat Singh, father of late Satish. He refused to accept ex-gratia from the government unless proper action was taken up according to law against the personnel who killed his son.

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Requiring Unique Solution

Lisham Rabindra Singh Retired Judge and former Member, Manipur Human Rights Commission

DURING the last two days we have heard many sad stories from the family members of the victims. We have been hearing such tragic stories for a long time. The general feature of most of the stories narrated by them is “arrest” or “apprehension” inside or near the house or village, taking the arrestee away and/or “shoot-out” soon afterwards. The stories narrated by the family members of the victims also reveal that, in most of the cases, a JAC was formed and with their help the victim’s family members could meet VIPs and sometimes “ex-gratia” was given and, in some cases, “a promise of a job” for the next of kin. But all these things were done, it is alleged, only orally and not reflected in any written material. Thus, there is no document to support the alleged “payment of ex-gratia” or “promise for job”. They further reveal that payment of “ex-gratia” was from some generous pockets. The narrators further reveal that in most of the incidents, the families of the victims did not report the incidents to the local police station. Now, they express their belief that the JAC, if any, would help them to lodge reports of the alleged “killing” with the local police station so that the police might, on the basis of such reports, if any, take up “enquiry” or “investigation” according to law and also steps for “inquiry u/s 176 CrPC”, in cases attracting its application. Some narrators also reveal that they did not approach the

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human rights court with any complaint of violation of human rights and they did not have the knowledge of existence of such human rights court. Another aspect revealed by the stories of the victims’, family members is that everybody seems busy with matters relating to day- to- day incidents like, alleged “arrest”, “apprehension”, “shoot-out” or “encounter” etc. All of them want and wish for the end of all such incidents and, for this purpose, to pay prompt and effective attention and action to solving the root cause of the problem. The problem faced by the state of Manipur is unique and quite different from those of other states as they are also different from each other. So, attention should be drawn to address the root-cause of the problem of Manipur and bring out a lasting solution as soon as possible. We are not making any reflection against the government, security forces, police or anybody else.

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Aliens in Their Own Land

Yambem Laba Former Member, Manipur Human Rights Commission

MANIPUR Human Rights Forum was formed in Delhi 30 years ago on December 10, 1979. We were about nine members then and we were students of Delhi University. I would like to state that this problem is not happening only in Manipur. We, the members of Human Rights Forum, Manipur received death threats because we were not in favour of the Indian army which had been torturing Manipuris rather than protecting them. We were termed counter-revolutionaries. Now, times have changed. Human rights as an instrument have developed and activists are representing us and our situation in America, Viet- nam, Thailand and other parts of the world. Meanwhile, some of those persons who threatened us and termed us counter revolutionary then, have now become senior officials. I will not name them. However, I think we the people of Manipur, are not able to understand the problem, the issue – what we are fighting against? Another important thing to keep in mind is that all political parties, beg for votes saying that AFSPA will be repealed. But once they get elected to power they forget everything and act as if they will not survive without army’s help. It is as if they are naked without the army’s help. This is there psychosis. They feel vulnerable without AFSPA. This is the basic problem we are facing now. It may be said that in reality, UGs have increased their presence. Back, then Nagas were called hostile, Mizos

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were called rebels and Manipuris were insurgents. Insurgents, at least have some political connotation. But now Manipuris are called extor- tionists by the Government of India. We all are now living together— the army, UGs. Look at the changing pattern of those who live with us. We all have observed in the last two days that the number of cases involving the army is less and the number of cases involving the police is more. Why is this the case even after the establishment of the Ma- nipur Human Rights Commission (MHRC) in 1998. Why is MHRC not able to restrain the police? This is another question we should ask. I am telling you frankly that I had drafted the complaint petition as the founder of MHRC as appointed by the Gov- ernment of Manipur. At that time I asked late Y Ibotombi Singh that if a complex case came up in the high court, your stenographer is very ill and could not attend work and you have a judgement to make, then is there any order of the high court that you can’t type the order your- self. He said “No”. After that I started typing the petitions to the commission. I became the typist of the commission. I typed the petitions and also the order except the orders that could not be conveyed without the deputy secretary. But he was not available so I appointed a PRO and made the PRO sign on behalf of deputy secretary and hurriedly had them delivered to the police headquarters. Let me also inform the honoured gathering here, since 1999 there has not been a single case of disappearance at the hands of security forces. This is because of the the vigorous pursuit of one such case. I will briefly recount its history here. A man called Tayab Ali from Kairang was arrested by Assam Rifles and had disappeared. His wife came to the commission. I took her statement and typed out her petition to the commission. We asked the police to give a full description on the disappearance of Tayab Ali at the hands of 17 Assam Rifles. At that time IGP (L&O) was Ahanthem Romenkumar and he did such a good job. He went to all the persons who had been named and

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recorded them and it was ruled that Tayab Ali was taken to the premises of 17 Assam Rifles, Kangla through the northern gate. Then, we collected the police record and sent it to NHRC. Then, NHRC asked the union home ministry to send a report on the charges against the 17 AR. They sent a report claiming that the victim was shot in an encounter. Earlier they had denied that such a man had even been arrested by the security forces. But now their report said that he was killed in an encounter near Kangpokpi. NHRC then asked Tayab Ali’s wife to identify if the dead man shown in the photograph released by the home ministry was her husband. She was categorical that the dead man in the photograph was not her husband. NHRC then invoked section 19 of the Protection of Human Rights Act for the first time. We proved that the man who had been arrested by them and whose custody they were denying was actually and indeed in their hands. We also made 17 AR liable and the home ministry pay three lakh rupees to the wife of the deceased for the disappearance of Tayab Ali. HRLN then took up the case and went to the high court and the high court passed an order for a CBI enquiry into the case. The CBI’s findings said that the OC of the then Kangpokpi police station and one captain and one major were involved in the disappearance of Tayab Ali. So, the law finally reached them. As a result cases of disappearance—the act of catching a person, killing him and denying he was arrested and killed—has stopped, thanks to MHRC. Apart from the vigorous pursuit of the above case, we also took other measures. For example, when a person was arrested by AR or local forces, we would deliberately ask the DGP to file a report within 24 hours since the man’s life and liberty were at stake. This was very effective. You must have heard about one Colonel Dilwar. He was in- famous. He must have had so many killed. He was the CO of 17 Assam Rifles. He phoned me one day and asked to see me. He came to me and said please stop issuing these notices to DG asking to trace

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persons who have been arrested within 24 hours. I asked, “Why? What’s the problem? Why can’t you give the arrest memo?” He said, “If we give the arrest memo then we have to deliver the person within 24 hour, but within 24 hours we cannot find anything out of him.” This reaction was perhaps because their careers were at stake. When they were due for promotion a case from Human Rights Commission could pose problems for them. I said, “I am sorry I have to play by the rules and you also have to play by the rules.” Then, I sent a message that I could take up a case indirectly against him through NHRC. Once HRC takes up a case it becomes an NHRC case automatically. Then what happened was that those persons who had been released by them with our help came to us to withdraw these cases because they were being threatened with death. Why were these threats coming up. It was because their careers could be affected by MHRC action. There are so many such cases. In one particular case, a boy who had no police record was killed but the commando claimed that he belonged to PLA and that he was shot when he tried to run. We took the post mortem report; there were three bullet injuries each on the back and on the chest. If he was shot from back when he tried to run then how were there bullet injuries on the chest? Another problem we faced was from the Gauhati High Court. There was a Justice named KK Singh who always intervened and stayed the MHRC cases. We were about to write to the Chief Justice of the Gauhati High Court about this Justice KK Singh. Then what happened was, all cases of rape earlier taken up by the UG people started coming to us. Cases are being shifted to HRC, which is a part of the system and the government, though this, has strengthened the HRC and more cases will come up against the government. We used to take up 200 cases a year. This year I realised that there were only 10 cases taken up. We also read the provision of Protection of Human Rights Act, 1993. The government may have the right to appoint us

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but once we are appointed it cannot remove us from power. That power lies only with the President of India. So why don’t we use the power that has been given to us? Lastly I would like to suggest that with regard to the cases against police commandos coming up very rapidly, why are suo-moto cases not taken up? Rabina and Sanjit’s cases are not suo-moto cases. They waited for the complainants, wives and husbands to come and complain. This is another problem and I think HRC should be strengthened while the recommendation to revoke AFSPA will defi- nitely go from this Tribunal. What I have to say is that police is under the control of HRC and that it is the honour of HRC.

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Jury Findings and Recommendations

1. The Tribunal had its sittings for three days from December 11 to 13, 2009 at Imphal, Manipur. Facts relating to 42 killings and gross violations of human rights happening in Manipur in recent years were placed before the Jury for its consideration. Written testimonies of family members of the victims were made available to the members in advance. Family members of the victims appeared before the Jury and gave oral testimonies confirming their statements and also answered questions put to them by members of the Jury. 2. At the very outset, the Jury was told that no notice of its sitting had been served on the government or on police authorities re- questing them to appear before the Tribunal. But, the sitting of the Tribunal was well-published in the media through pre-event press conferences and it was an open public sitting, where any one could come and testify. Neither the alleged perpetrators nor the representatives of the state government appeared. The Jury had a further predicament as in almost none of the cases was it provided with copies of the FIR or any report made from the side of the victim. No postmortem reports were available. In a few instances, the FIR had been filed against the victims. It is a matter of doubt if such reports containing allegations against dead persons can be treated legally as an FIR.

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3. Of the 42 incidents narrated to the Jury, 40 relate to death in alleged fake encounters and two relate to torture. Family members of the 30 victims who were allegedly killed in fake encounters deposed, confirming their written statements and also answered questions put to them by Jury members. From their evidence, we find there are definite patterns in these incidents, which we will deal with in detail later. It is also to be noted that whereas in some cases the perpetrators are troops of Assam Rifles, in certain other cases it is Manipur police Commandos. In one case it was 19 Ra- jputana Rifles. In the third category, we find there is a combined action by police commandos, army/Assam Rifles. 4. The Tribunal observed that in seven cases the victims were called out of their houses and in 29 cases the victims were taken into custody from different places like bazars, bus-stand, etc. The perpetrators in most of the cases are alleged to be members of Assam Rifles, Imphal district police sommandos attached to the police stations and central security forces. In one of the cases, we noticed from the evidence of the next of kin that the force included Ra- jputana Rifles. The members of the Tribunal noted that in almost all the cases there was allegation of encounter with the perpetrator team but only in a few of the cases is there mention of the recovery of arms and ammunition from the site of killing or from the person killed. Barring three or four cases is no there trace of any criminal or political antecedents on the part of the victims of those cases. 5. The case of Mohd Azad Khan, aged around 12 years, a student of 6th standard in a local school, is worth special mentioning. On March 4, 2009, at about 11.50 am, he was dragged out of his house in the presence of his parents and neighbours by a combined team of Thoubal district police commandos and 12 Assam Rifles. He was asked to run through a bare paddy field adjacent to the house.

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While he was running, the perpetrators fired at him and killed him. When his body was taken away by the commandos in their vehicle, the family members along with neighbours hired a bus and followed the police commandos. But the personnel of Mayang Imphal police stopped them and they had to return. The Press was immediately informed about the incident. Even though his father tried to file a complaint at the Mayang Imphal police station, the officer-in-charge refused to accept it. The police stopped the angry mob, which rushed towards the police station. On March 13, 2009 the under secretary (home), Government of Ma- nipur issued an order in the name of Governor of Manipur ap- pointing Shri LM Khaute, inspector general of police (Int.), Manipur to enquire into the incident. It was also directed that the enquiry report should be submitted to the state government within one month. The terms of reference are (a) facts of the incident and (b) measures to prevent recurrence of such incidents. But, no enquiry report has been filed. The writ petition filed by the mother of the victim is pending before the Gauhati High Court. A complaint was sent to the national human rights commission. The uncle of the victim Dr.Basir Ali stated that when he tried to file a case against the police, the commando personnel wanted him to withdraw the same, if he wanted to save his life. The chief minister along with the local MLA came to the victim’s house and handed over Rs 2 lakh to the JAC, which was formed immediately after the incident. Apart from the above no other steps have been taken to enquire into the incident and to punish the culprits. 6. The Tribunal feels it just and proper to refer to the case of Khu- mukcham Thouba alias Tomba Singh, who is alleged to have been suffering from cervical spondylitis losing strength in both his legs making it difficult to move. He was dragged by the commandos

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from his courtyard, where he was sitting, and taken to the police station. The wife of the victim followed him but the officer-in- charge of the police station told her that no harm would be caused to him and he would be released after interrogation. Next day when she went to the police station, she was told that her husband had been killed the previous night in an encounter. She filed a writ petition before the Gauhati High Court (Imphal Bench) seeking prosecution of the responsible personnel and for compensation. The government is reported to have filed a counter affidavit denying the entire allegation, but the Union of India, which has been made a party in the proceeding, has not yet filed its counter affidavit. 7. The killing of Ngangbam Nanao Singh, aged 27 years, was a gruesome incident. He was taken out of his house on the midnight of May 6, 2009 while his family members were locked inside the house. Nanao was shot dead in the courtyard of his own house. Nanao’s mother states that they heard gunshots and also heard Nanao crying “Aya Ima” (Oh mother). His body was taken away in a vehicle brought by the commandos. There was strong public agitation by the local people, including blocking of traffic on the road. According to the press release of Imphal west police commandos, Nanao Singh was killed in an encounter at his residence. 8. The case of Oniam Papak alias Maipaksana Meitei and Oniam Ananda alias Girani Meitei is also worth mentioning. These young men, aged 20 and 21 years respectively, were neighbours. They were taken out of their houses in the night of October 22, 2009 by the members of 28 Assam Rifles and carried off in their vehicles. Their parents as well as local people tried to follow the vehicles but without success. They reported the incidents to the police station and also to the local MLA next morning. A public agitation followed when information was received through radio

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and ISTV news bulletin that they were killed in an alleged encounter at a distant place on October 31, 2009. A joint action committee was formed. At the instance of the MLA, the chief minister made an ex-gratia payment of Rs. 1 lakh to each family and offered suitable jobs to one member of each of the families, which so far has not materialised. 9. The case of Kumacham Devan Singh is an instance of the utmost excess in the misuse of power by police commandos. While Devan Singh was driving a passenger Maruti Van, commandos opened fire on the pretext that he defied their order to stop the vehicle. Devan died with 10 bullet injuries on his body. There were about 100 bullet holes in the body of the vehicle. It is impossible to con- ceive of a situation where more than 100 bullets had to be utilised merely to stop a vehicle and its driver. Ganga Devi, widow of the deceased, is blind. With two minor sons she is leading a precarious life with a meagre monthly financial assistance of Rs. 1,500 from an NGO. The chief minister, to whom she petitioned, offered her a job and financial assistance. Later, the local MLA gave an ex-gratia of Rs 50,000. But, no job was given to her in a local school for the blind, as promised. 10. The Tribunal must refer to the case of Abung Singh. He was an asset to the state, being a national champion in martial art (Thang Taa). He was taken into custody in broad day light on January 21, 2009 along with his friend Ananda Singh from DM College campus. The white Maruti Gypsy, in which they were taken, drove north along National Highway 39. People present witnessed the incident there. Later the victim’s wife came to know that Abung Singh was killed in an alleged encounter with a combined team of Manipur police commandos and 16 Assam Rifles at a distant place, Kanglatongbi Makham road. As usual, the written complaint sought to be filed was not accepted. On enquiry, the widow

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of the victim came to know that the villagers had witnessed her husband being dragged out from the vehicle and killed by the security forces. The widow, who was pregnant, gave birth to a baby on the day of victim’s ‘shraddha’. A memorandum was submitted by the joint action committee, which was formed by the local people, to the chief minister of Manipur. Asian Centre for Human Rights, New Delhi, an NGO, took up the matter with the national human rights commission. The Government of Manipur notified a magisterial enquiry on November 12, 2009. The result of such enquiry is yet to be known. 11. On the night of March 14-15, 2004 Khumanthem Ajithkumar alias Naoba Singh, aged 20 years was dragged out of his house and killed in a fake encounter, at a distant place. People of the locality, after a public meeting, formed a joint action committee. A memorandum was submitted to the chief minister-in-charge. The Government of Manipur issued a notification on March 18, 2004 entrusting the investigation to the CBI. But, it is alleged that the CBI has not yet taken up the investigation. Request for ex-gratia was not granted. National Human Rights Commission was approached through HRLN. Later, the father of the victim filed a writ petition in the high court. No relief is obtained in any of the proceedings. 12. The killing of Chungkham Sanjit Meitei and Mrs.Thokchom Ongbi Rabina Devi on July 23, 2009 at Bir Tikendrajit Road (BT Road) deserves specific mention. The Tribunal takes notice of the photographs and report published by Tehelka [Issue 31, Vol.No.6, dated August 8, 2009] about the incident. It shows how Sanjit was taken by the Imphal district police commandos to a pharmacy by the side of the main road and later his dead body being taken out of the pharmacy. The photographs show that Sanjit had not offered any resistance of the kind that could potentially justify any

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use of force against him. Rabina Devi, a pregnant woman, was standing by the side of the road along with her minor son and was about to buy a banana from a roadside woman vendor. In the shootout by the commandos Rabina Devi was killed. The photographs show a bystander taking photographs of the dead bodies of Sanjit and Rabina Devi loaded on a truck. There was a pro- longed state-wide agitation initiated by the joint action committee. Sanjit’s mother filed a writ petition in the Gauhati High Court, which is pending. Rabina Devi’s husband lodged a complaint to the police on July 24, 2009 and prayed for investigation into the incident. But, no case was registered on his complaint. The Human Rights Commission, Manipur was asked to stop the proceedings initiated by it on the ground that the government was instituting an enquiry commission. The Government of Manipur also challenged the proceedings of the human rights commission before the Gauhati High Court and got a stay for some time. In response to the writ petition filed by Rabina Devi’s mother before the Gauhati High Court, the court directed the police to register a case on the basis of the report filed by the husband. The director general of police and the government filed an appeal to the above order before a Division Bench and the matter is pending. 13. The Tribunal noticed that the facts of other cases placed before the Tribunal also would not prima facie justify the extreme step of shooting people to death.

Conclusions

1. The facts of the cases, where people were taken into custody from their own houses and later found killed, are telling. Unarmed persons dragged out of their homes at midnight and in daylight would not have engaged themselves in encounters with Army and

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commandos elsewhere on the same day resulting in their death. Such victims included invalids like Tomba Singh and a 12 year old boy - Mohd Azad Khan, young Nanao Singh, etc. 2. In some of the cases, family members as well as neighbours had made an attempt to follow the perpetrators. These facts would clearly indicate that if effective machinery for investigation were available, as it should be in a democratic state, there would not have been any difficulty in tracing the culprits. The fact that one of the terms of reference for the enquiry ordered by the government through the inspector general of police (Int.), Manipur into the death of Mohd Azad Khan, namely, “measures to prevent recurrence of such incidents”, would show that even the government at that point of time felt the shocking injustice inflicted on innocent people. But, unfortunately no meaningful enquiry is being conducted and one has to assume that there is no effective machinery available in Manipur to prevent gross violation of human rights. 3. In cases, where persons have been taken into custody from or killed in public places, like that of Jingo Singh, Abung Singh, Priy- orkumar Singh, Keshorjit Singh, Sanjit Meitei and Rabina Devi, the police department and the investigating machinery are not discharging their duties. That even the legal machinery is not allowed to work to indict the culprits is clear from the case of Ra- bina Devi. 4. A common feature to be found in almost all the cases is standard narrative of the army personnel that the victims opened fire and they died in the retaliatory gun shots fired by the commandos. But, when the relatives received these dead bodies from the mortuary, they found marks of severe torture inflicted on them before they were shot to death. The evidence before us by the kith and kin would show that the victims limbs were broken and twisted,

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some times the necks were broken, slashed, soft flesh from the limbs slashed away, eyes protruding, marks of burn injuries on the face and body, ventral side injury with internal organs protruding outside and in one case the mouth of the victim was stuffed with filth. These injuries cannot happen if death was solely the result of gunfights between the victims and the army or police commandos in encounters, as alleged. Relatives finding the dead bodies of the victims in the mortuary wearing pants, trousers and shirts not fitting their body structure is also a common feature. They allege that when the victims left home or were taken away from their homes by the army/commandos, they were wearing clothes different from those found on the dead bodies recovered from the mortuary. The allegation is that in order to justify the story of encounters, after killing the victims, camouflage dresses were put on their bodies along with shoes to make them look like they were members of underground outfits. 5. In some cases, ex-gratia payment had been made by the local MLA or the chief minister when local public took up the cause of the victims by staging dharnas, picketing and other mode of agitation. The MLAs and the chief minister are part of the democratic government elected by the public. It cannot be assumed that they were persuaded to pay ex-gratia in the case of members of underground outfits who were killed in encounters with the army and police commandos. They must have been at least prima facie satisfied that innocent people have suffered. 6. Evidence of the experts indicate that the root cause of extra-judicial killing lies in the provisions of the Armed Forces (Special Powers) Act 1958, which gives unlimited power and immunity to the armed forces. It has been extended to all the seven states in the Northeast. Under section 3 of the Act, power is vested in the governor of the state to declare an area a ‘disturbed area’, where

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armed forces can be used in aid of the civil power. Very wide powers are given to the armed forces under section 4 of the Act, including arrest without warrant, enter and search any premises without warrant, make any arrest, open fire or use force even to the point of causing death of any person, if in the opinion of the officer such person was acting in contravention of any law or order for the time being in force in the disturbed area. Even though section 5 provides that any person arrested and taken into custody shall be made over to the officer in charge of the nearest police station with least possible delay, it is never followed. It is to be noted that an order passed under section 3 is not justiciable and the right to remedy is totally taken away by the protection given under section 6. No legal action can be taken against any person who has exercised power under this Act without previous sanction of the central government. The net effect is that even if the state government machinery is satisfied that power under the Act was exercised in excess, no action can be taken against the perpetrators. 7. The stories narrated before the panel clearly substantiate the wide spread view that the Armed Forces (Special Powers) Act, 1958 fa- cilitates human rights violation and there is no justification for continuing the same in its present form in the largest democracy in the world, after 63 years of Independence. 8. One of the experts, who gave evidence before the panel, Professor Ksh. Bimola Devi, mentioned that the Act is not applicable in seven constituencies in the municipal area of Imphal from 2004. We are informed that it is not difficult for the perpetrators to fab- ricate stories of encounters outside the seven constituencies, even though, as a matter of fact, victims have been taken into custody or even killed within the limits of the seven constituencies. It is not a piecemeal exclusion of area that is required. Apart from the

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above, the panel notes that in 14 cases placed before it, including that of Rabina Devi and Sanjit Meitei, the perpetrators were Ma- nipur police commandos who are not covered by AFSP Act. Therefore, they do not enjoy the immunity provided under Sec- tion 6 of the Act. The ordinary law of the land will govern them. The Tribunal noticed that in a few of the cases, the local NGOs, particularly the activists of Human Rights Law Network and Asian Centre for Human Rights, approached the State Human Rights Commission or National Human Rights Commission pointing out the incidents in detail. Such steps have not yet reached conclusion. 9. The panel feels that there must be a strong and effective state human rights commission supported by human rights activists and lawyers. The evidence given by Mr.Yamben Leba, former Ma- nipur human rights commissioner, would show how an effective MHRC can help the victim’s family and even prevent loss of life. It can also help eyewitnesses to come out and give evidence without fear of retaliation from the perpetrators. It is suggested that the NHRC also should get involved in the light of the large-scale complaints of human rights violation in Manipur. National Legal Services Authority should take effective steps for spreading legal literacy among the common people and make available relevant information as to how free legal aid can be obtained. 10. On an overall assessment of the situation on the basis of the evidence of a handful of witnesses, the Tribunal infers that in the concerned area of Manipur there were instances of torture, extra- judicial execution and enforced disappearances of number of people. The Tribunal is of the prima facie view that excesses committed by the personnel of army/Manipur police commandos are behind these incidents. The state cannot shirk its duty to investigate deeper into each of these incidents, so as to protect the life of in-

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nocent people. The presence of underground outfits in the area and their illegal activities cannot be used as a smokescreen for per- petrating human rights violations. The steps taken by NGOs, including the activists of Human Rights Law Network, Asian Centre for Human Rights etc., have started showing some positive results by providing a forum for the silent and suffering humanity of the state to voice their grievances. But, we find that the ultimate redressal of grievance is still far away.

Recommendations

1. The Armed Forces (Special Powers) Act should be repealed on the basis of the report of the Justice Jeevan Reddy Commission. Till the Act is repealed, the Manipur police commandos cannot be permitted to take advantage of the provisions of the Act, which is not applicable to them. 2. Misuse of the provisions of the National Security Act, Disturbed Areas Act and the Unlawful Activities (Prevention) Act should be prevented. 3. The state of Manipur should have an independent human rights commission in whose activities the state shall not interfere. The commission should be provided with an independent agency for investigation. 4. The state government should strictly enforce the procedural guidelines issued by NHRC with regard to encounters and an independent agency must be entrusted with the duty of investigation in such cases. 5. The state government should initiate transparent and thorough investigation immediately into each one of the alleged fake encounters. 6. All reports of enquiries by judicial or executive or any independ-

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ent commission of enquiry to investigate incidents of fake encounters or other extra-judicial killing should be made public. 7. Provide just rehabilitation of the families of the deceased and injured. Compensation as interim relief should be promptly arranged. 8. Withdraw paramilitary forces from Manipur as far as possible and steps should be taken to sensitise the paramilitary forces. 9. National Human Rights Commission should pay special attention to the alleged large scale violation of human rights happening in Manipur in the name of encounters with army and police commandos. 10. National Legal Services Authority should give special attention in spreading legal literacy among the common people in Manipur and make available the relevant information as to how free legal aid can be obtained.

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Ten Years of Satyagarh Fast by Irom Sharmila Chanu

HOW MANY DAYS MUST A WOMAN FAST BEFORE SHE’S FREE…?

By Harsh Dobhal

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Winter: 2006. Beyond the jingoism and rhetoric of national integrity and unity. New private ward. All India Institute of Med- ical Sciences (AIIMS), New Delhi. As you enter the building, about a dozen policemen and intelligence personnel stop you. Despite the permission obtained from a reluctant inspector, about five suspicious and armed policemen stationed at the door of room number 57 begin a sustained interrogation. Even as one complies, more questions follow. Uncanny questions. You feel you are already a suspect, for no fault of yours. Why? Despite not even a little nuance suggesting or patronising violence? Inside the room, a frail young woman is lying on her back on the hospital bed in a rather awkward position. She is practising halasana, the ‘plough’ position in yoga. Her body is carefully covered with a blue blanket. She has a clean complexion, sharp eyes, unkempt hair and a white strip of medical tape around her nose. Che Guevara’s The Motorcycle Diaries lies next to her on the bed; she has just finished reading the cele- brated book in which the legendary young revolutionary details his journeys. “This is a very good exercise for kidneys and to cure diabetes. I do it every day for a few hours.” She speaks softly, while the yoga goes on. “You can talk; it doesn’t matter if I am doing yoga.” A voracious reader, she has been relentlessly reading books – Japanese folk tales, yoga, Nelson Mandela, Che, Gandhi. Friends have been coming with gifts, diaries, calendars – and she looks forward eagerly to pass these on to other visiting friends, her personal life being intensely sparse, stoic and simple. She liked reading the biography of Nelson Mandela and has now sent it to the central library of Manipur. This is a regular activity for her, sending books she happens to come across to the library, where more people can access and read them.

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THAT was four years ago, in 2006, when Irom Sharmila Chanu, now 38, poetess, painter and a Gandhian activist from Manipur, ducked the media and security personnel with the help of her brother and a friend to get out of Manipur and reach Delhi in order to bring national attention to the organised and institutionalised atrocities committed under the auspices of the Armed Forces Special Powers Act - 1958 (AFSPA). Yet, even today, ten years since she made that almost super- human resolve, her fast continues unabated in a dimly-lit hospital in Imphal, her health continues to decline, and both the government and the media continue to turn a deliberate deaf ear to her silent yet powerful protest. Sharmila has been on a fast-unto-death since November 4, 2000, being force-fed through a pipe in her nose. Her categorical demand — repeal the Armed Forces Special Powers Act which gives draconian powers to the security forces, who have used the power brutally and repeatedly in the Northeast. At an Independent People’s Tribunal (IPT) held by Human Rights Law Network (HRLN) in Manipur in the second week of De- cember, 2009 – where the tales of 42 victims of atrocities by the paramilitary forces, CRPF, the Army and local police were presented by the victims or their family members before an eminent jury – Sharmila’s path seemed the only ‘peaceful’ alternative for a bitter, grieving, helpless•population, holding infinite years of relentless tragedy and injustice in their hearts. While presenting her son Azad Khan’s case, Mst Garamjan Bibi broke down describing how her 12-year-old child was brutally shot before her own eyes on March 4, 2009 by the Manipur police commandos after being dragged to a paddy field near the house. The police personnel seemed without fear or restraint or remorse even though they literally ‘performed’ the child’s murder in front of everyone in the family and in the neighbourhood. Nobody could dare to speak, let alone act.

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In fact, in this relentless realm of injustice, most mothers in Manipur today hide the fear that their children might take the insurgents’ path to seek justice, as the Centre continues not only to willfully, systematically neglect but also to explicitly promote the creation of a fear psychosis amongst the people of a state that has been used as a “buffer-zone” to protect “mainland India”. The Justice Jeevan Reddy Report, which had raised much hope, is yet another clear signal from the Indian State that ‘law and order’ is one- dimensional, unconstitutional, inhuman, and it will continue to aid and protect the powerful and alienated government and paramilitary machinery

Chungkham Anandi Devi struggled to find words to even touch upon the abnormal normalcy that has been ascribed to the butchery in Manipur as she narrated how her younger brother Chungkham Sanjit Meetei was gunned down as a public spectacle in the heart of Imphal, Manipur’s capital, barely 500 metres from the state assembly, on July 23, 2009. The dead body, riddled with bullets, was left in the open for all to see. Once again, the people were forced to remain mute, petrified, and huddled together – they too could be part of the next bloody spectacle. The hatred in Laishram Ongbi Prema Devi’s eyes was palpable. She wanted revenge for the murder of her husband Laishram Keshorjit Singh, shot dead by the personnel of Assam Rifles. However, the very next moment, she became fragile, helpless, depressed, almost hopeless.

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She is alone and she has to bring up two children; she has the uncanny fear that her sons might take up arms to avenge their innocent father’s killing. In fact, in this relentless realm of injustice, most mothers in Ma- nipur today hide the fear that their children might take the insurgents’ path to seek justice, as the Centre continues not only to willfully, systematically neglect, but also to explicitly promote the creation of a fear

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psychosis amongst the people of a state that has been used as a “buffer- zone” to protect “mainland India”. The Justice Jeevan Reddy report, which had raised much hope, is yet another clear signal from the Indian State that ‘law and order’ is one-dimensional, unconstitutional, inhuman, and that it will continue to aid and protect the powerful and alienated government and paramilitary machinery. Just as the government continues to ignore the violence and its multiple and deeply embedded root-causes in Manipur, similarly, it prefers to stonewall the tragic nar- ratives of Manipur’s vulnerable, helpless, and yet stoically adamant women or the peaceful, protracted resistance. When Sharmila began her fast, most people had little inkling of her resolve. Some of them shrugged it off, others took it lightly, and a handful ridiculed it. But for Sharmila, life had taken a different turn, a tough long-distance journey with a clear destination. A U-turn with no return ticket. The decision to go on the long fast, though well thought-out, was not an action planned well in advance. In fact, Sharmila had joined the anti-AFSPA movement just two weeks before she began fasting. A three-member Indian People’s Inquiry Commission (IPIC) headed by Justice H Suresh (formerly of the Bombay High Court) had visited Manipur in the second week of October in 2000. The Commission had travelled to various areas in the interiors of inaccessible Manipur, under army siege, and met a number of victims, their relatives and friends, to hear their tales of injustice – cases of rape, violence, killings and disappearances. It had also held workshops and extensive discussions with human rights lawyers, journalists, academics and others. Sharmila was a part of this process as a volunteer and that was her first ‘training’ in political participation. During the IPIC investigations, she was particularly shaken by the testimony of a young girl who was raped by the security forces at Lamden village. Sharmila and two other women volunteers had privately spoken to the girl.

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As the IPIC completed its investigations by the third week of October, something had already sparked inside Sharmila’s restless soul. For the next few days, she met several human rights activists, lawyers and journalists to learn more about repressive laws, army atrocities and AFSPA in particular. On November 2, 2000, security forces fired indiscriminately and killed 10 innocent people waiting at a bus stop at Malom, about 15 km from Imphal. That was a Thursday when Sharmila would ob- serve the weekly fast she had been undertaking since her childhood. “The same fast continues till date,” her brother Singhajit said as he narrated his sister’s tale, his frame on the pavement at Jantar Mantar under Delhi’s winter sky in 2006. Though the Malom massacre was nothing new for the people in Manipur, as they had witnessed similar cold-blooded killings before, when the security forces would go berserk and kill ordinary people, Sharmila could not bear the sight of the blood spilled on the street. That single event changed her life. By now she had already taken a decision. She went to her mother on the evening of November 4 and took her blessings “to do something better for the people”. That was the last time the mother and daughter saw each other. “My mother knows everything about my decision. She is extremely simple, but she has the courage to let me do my bounden duty… My mother has given me her blessings. If I meet her, it may weaken both of us.” Ever since, Sharmila has not combed her hair, not looked into the mirror and not a single drop of water has crossed her mouth. She cleans her teeth with dry cotton. Fortified by her mother’s blessings, Sharmila headed straight to the site of the bloodbath. And thus began her historic, peaceful fast. On November 21, she was arrested on charges of ‘attempt to suicide’. The administration began force-feeding her nasally, and nastily, forcibly confining her to the Jawaharlal Nehru Hospital in Imphal. Now in

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2010, 10 years have passed. Under judicial custody, she has refused to break her fast or seek bail. As is the pattern, on the completion of one year, she is released by the court, as the maximum sentence given to her for ‘attempting suicide’ can’t exceed one year. She is then inevitably rearrested within 2-3 days as she continues her fast without water. And this yearly cycle continues, till date. Pray, for how long? “I was shocked to see the dead bodies. There was no means to stop further violations by the armed forces… It (fast) is the most effective way because it is based on a spiritual fight… My fast is on behalf of the people of Manipur. This is not a personal battle, it is symbolic. It is a symbol of truth, love and peace,” she said. On October 3 in 2006, as she was once again released by the court in its annual ritual, her brother and a friend kept her away from the media limelight for the night. The next day, dodging media and security personnel, they literally smuggled her out of Manipur. She landed in Delhi the same day, in an attempt to highlight the issue nationally. From the airport, she headed straight to Rajghat to pay hom- age at Mahatma Gandhi’s samadhi. “If Gandhiji were alive today, he would have launched a movement against the AFSPA. My appeal to the citizens of the country is to join the struggle against AFSPA,” Sharmila told journalists. Later that day, Sharmila went to Jantar Man- tar and continued her fast with a stream of people coming to express support. Three days later, in a midnight swoop, the police picked her up and admitted her in AIIMS. “I need to keep myself healthy. The force-feeding is completely unnatural,” Sharmila explained. She walked for about two hours, if given permission, in the hospital corridor with at least one security personnel stationed at each side of the corridor. “I must be strong. I have to fight.” Completing ten years of this ‘satyagraha fast’ on November 2

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this year, a slight Sharmila has come to symbolise the steadfast scaf- folding of the movement against the injustices committed under AFSPA and in support of the protracted struggle for justice, human rights and peace in Manipur and the Northeast. An iconic legend in Manipur’s politics, her fast is perhaps the longest political protest of its kind in history and in any part of the world. Irom Nanda and Irom Sakhi Devi of Kongpal Kongkham village, on the periphery of Imphal, had no idea what was in store for their daughter, the youngest of nine siblings (five brothers and four sisters) and dearest to all, when she was born on March 14, 1972. “I am the youngest daughter born to an illiterate, compassionate and strong mother — we were nine children, my eldest brother died due to an ill- ness. I am not important for this world, just like a worm that can be crushed. I failed my Class XII exam. I don’t like speaking too much, but it is inevitable when someone comes to conduct an interview. I re- fuse to succumb to this violence,” she told a friend in the hospital. Sharmila never went to college. On the first day in AIIMS, after regaining a little strength, Sharmila made it clear that she did not need assistance to wash her clothes. “This is my work. I must keep my muscles strong. In Manipur, I cleaned the floor of my cell each day.” She has remained in custody all these years, since her arrest in November 2000 for the first time. As a 15-day-old child, Sharmila was fed with boiled rice gruel because her mother could not breastfeed her. A few days later, her brother Singhajit would take her to “other mothers” in the neighbourhood who had recently given birth to babies. “She was fed by many mothers of Manipur. If any woman came to our small grocery shop with a small baby, we would request her to feed Sharmila,” Singhajit said. “Perhaps, that is why she has grown so socially conscious and po- litically committed.” When she was growing up she realised as a child that she had

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habits different from other children. “I often used to sit in the Shiva temple, close to my house,” Sharmila remembered as she sat in medical captivity at AIIMS. When doctors at AIIMS insisted that she must seek discharge from the hospital and the police complicated the issue by saying she would not be allowed to be free, she realised that these were nothing but pressure tactics. Anguished that the doctors would ask her to pay the hospital bill, she told a friend: “What do they want from me? I pos- sess nothing, only my organs.” As expected, the hard years of continuous fasting have taken their toll on her health and have had a serious, life-threatening impact on her body’s normal functioning. Apart from the other medical problems that she has developed, her bones have reportedly become brittle. The doctors at AIIMS did not release any medical report regarding her health. Sharmila is not alone in her struggle. Women in the Northeast have a history of concerted peaceful political action, intense resistance and sacrifice, especially the great mothers of Manipur. Sharmila is continuing that legacy, taking it to new heights and thresholds of resilience and resistance. The state erupted in flames in 2004, after the brutal rape and murder of a young woman activist, Thangjam Manorama Devi, by the Assam Rifles personnel. The incident triggered an unprecedented form of protest by Manipuri women that shook the nation’s conscience. In an attempt to draw the attention of a cold-blooded political establishment in Imphal and Delhi, otherwise obsessed with giving its army and police unrestricted powers in the name of national security, Manipuri mothers, for the first time, protested nude in stark daylight. They bared themselves in front of the Assam Rifles headquarters in Kangla Fort, Imphal and challenged the army to rape them. “Come Indian Army, Rape Us,” said their banner, as they protested, fully naked. The nation was shocked. There was outrage everywhere. Reams

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Sharmila is not alone in her struggle. Women in the Northeast have a history of concerted peaceful political action, intense resistance and sacrifice, especially the great mothers of Manipur. Sharmila is continuing that legacy, taking it to new heights and thresholds of resilience and resistance. The state erupted in flames in 2004, after the brutal rape and murder of a young woman activist, Thangjam Manorama Devi, by the Assam Rifles personnel. The brutal incident triggered an unprecedented form of protest by Manipuri women that shook the nation’s conscience

were written about the brazen violation of Manorama’s body and soul. But not an iota of the conscience of the then Left-backed UPA government was touched. Despite another mother and widow heading the UPA and the Congress. Meanwhile, Sharmila continues her fast, in custody, confined to a room in Imphal’s Jawaharlal Nehru Institute of Medical Sciences as she did in AIIMS – writing poetry, reading books, practising yoga. The struggle against AFSPA continues in Manipur. The countdown towards completion of a decade of her marathon fast has begun in Im- phal where civil society groups are coming together to celebrate her unwavering fight for justice and deep yearning for peace. A decade of unflinching courage to hope against all odds! Yet, the flame is slow to burn the centre for a long time. Shame- fully, the Indian media needed to be poked by Iranian nobel laureate Shirin Ebadi to go back to Sharmila – a single person bearing the weight of the national voice. Ebadi’s words are haunting in their prophetic tone – “If Sharmila dies, Parliament is directly responsible.

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If she dies, courts and judiciary are responsible, the military is responsible… If she dies, the executive, the PM and President are responsible for doing nothing… If she dies, each one of you journalists is responsible because you did not do your duty…” she said after meeting Sharmila in AIIMS on November 27, 2006. While Delhi briefly remembers and then quickly forgets this quiet, intriguing and unique visitor it received in 2006, the collective consciousness of Manipur can never ignore her. Indomitable, firm and resolute, Sharmila’s clarity is as lucid as it was in 2006; she is in no mood to turn back. “Unless and until they remove the AFSPA, I shall never stop fasting,” she says, and she means it.

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Critique of Justice Jeevan Reddy Report on AFSPA F-3_jury findings:Layout 1 9/11/2010 3:29 PM Page 256

Will AFSPA Go the POTA Way?

KG Kannabiran

THE committee headed by former Supreme Court Judge Jeevan Reddy, formed to review the Armed Forces Special Powers Act. (1958), submitted its report in the year 2005 and two well-known journalists had commended it for acceptance. This was a repeat of the legerdemain performed in repealing the Prevention of Terrorist Act (POTA). The United Progressive Alliance (UPA) coalition’s election manifesto had the parliamentary Left’s support. The UPA promised POTA’s repeal to the electorate, not because its constituents disagreed with POTA, but in reaction against a communal party in power that had passed it. The ruling alliance, as per its election promise, legislated a repealing act and gave it a liberal dressing with a provision for review of pending cases under POTA. But in 2004, the government introduced the most egregious provisions — into the Unlawful Activities (Prevention) Act, 1967 (ULPA). The ULPA was designed for, and until now confined to, banning organisations because independent India did not have its own law on the post-Independence statute book. Surely, when POTA was repealed, we were aware of the international compulsions with reference to the war on terror. After 9/11, we did not have the legislative sovereignty to dispense with a law on terror, so we simply inserted those provisions into an existing Act. Prime Minister Manmohan Singh, who wanted a clean slate, appointed a committee to also look into the much-maligned AFSPA and the various disturbed areas Acts, etc. He appointed former

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Supreme Court Judge and former Law Commission Chairman Jeevan Reddy as chairman, with four others to assist him in his endeavour for a solution to the long-standing problems in the Northeast. But it seems that resolution of people’s problems seems to mean a rehash of repressive laws. The Jeevan Reddy Committee report is divided into five parts. The first part introduces the problem. The second part has the legal and constitutional aspects to be dealt with by the committee. The third part deals with feedback received by the committee from the ‘civil society groups’ in the Northeast. The committee visited Guwahati on February 9 and 10, 2005. There was a general complaint against army high-handedness and personal experiences were narrated. For instance, TC Mazumdar, after narrating the humiliating treatment he suffered at the hands of the army, unequivocally urged for AFSPA’s repeal. He also opined against the ULPA. The bar association president pleaded for the AFSPA’s repeal. A section of the people wanted withdrawal of armed forces, and the other section wanted the army’s presence to fight the insurgency. In Dibrugarh, scholars, businessmen and a vice-chancellor de- scribed the AFSPA as discriminatory and anti-people. In Meghalaya, the Peoples Human Rights Council (PHCRC) declared that AFSPA has failed to contain insurgency. They pointed out other Acts in force like the ULPA as amended to deal with terrorism. The committee’s interaction with academicians also revealed the definite opinion against AFSPA and the need to end the discriminatory treatment in this region. In the committee’s interaction with people from Kohima, people’s organisations and mothers’ organisations complained of the pri- vations suffered due to army atrocities. They reiterated the need to repeal AFSPA as existing laws were sufficient to address the problem.

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But in Arunachal Pradesh, it was mainly state officials and army officers, and not ordinary citizens, who met the committee. The view of such officials on AFSPA’s enforcement is irrelevant in cases like these when the people’s experience should be the primary concern. The committee talks about repealing or modifying AFSPA. Since the ULPA is in force all over India and organisations in the Northeast are already covered by various provisions of the Act and Schedule as well, the committee thinks that “a major consequence of the proposed course (to repeal AFSPA and effectively replace it with a modified ULPA) would be to erase the feeling of discrimination and alienation among the people of the Northeastern states” who have been subjected to “draconian” enactments made especially for them. The ULPA applies to entire India including to the Northeastern states. The complaint of discrimination would then no longer be valid.” It is disappointing if this is a former Supreme Court judge’s understanding of the concepts of “discrimination” and “equality” embedded in the Constitution, as it will bring about the integrity of the country only through sheer power and abuse. The repressive methods of AFSPA have been tried and tested for more than five decades and we do not need this legal exercise to realise it. The committee after setting out the people’s views did not evolve a more democratic and political method of resolving the problems of the Northeastern states. It did not call for expertise on working out pluralist democracy among the various ethnic and tribal groups. The fourth part of the report states that the proposed amendments to the ULPA would be more comprehensive as it would ex- pressly permit deployment of armed forces and para-military forces to achieve its objective, namely, curbing terrorism. But apparently a human mask is needed to make it acceptable. The committee recommends the incorporation of chapter IVA of AFSPA into the ULPA which the committee itself painstakingly

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drafted. After this, it recommends the ULPA to the government as an instrument for bringing about the desired integrity of the country. Unanimous opinion in the north east is that the AFSPA should be scrapped. However, the people’s anger is not confined to that statute only. To say so would be to have a limited understanding of the people’s views. As long as the Army rules in this region, it does not matter which repressive law is in the place of the AFSPA. In fact, POTA was smuggled in so surreptitiously that initially not many noticed its transmigration. LK Advani, proud of being the architect of POTA, was mourning its absence during the recent Mum- bai blasts. He was not aware that Dr Manmohan Singh had stolen his thunder.

–The writer is national president, PUCL and an eminent lawyer based in Hyderabad

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The Evil is Intact

K Balagopal

THERE has always been a school of thought which has held that what is primarily wrong with special repressive laws is that they are special, and only secondarily that they are repressive. This school has among its ranks a number of retired judges. At various points of time, the National Human Rights Commission (NHRC) and the Law Commission have said about anti-terrorist laws that whatever is necessary in such legislation should be made part of the general law of the land, rather than having TADAs and POTAs. It shows good sense from the state’s point of view. A special law engenders a sense of being discriminated against among the people who are targeted by it. Make the law in general bad, and nobody is specially aggrieved, and hence nobody gets really emotional about it. The Jeevan Reddy Committee on the Armed Forces Special Powers Act – 1958 (AFSPA) gives a slight twist to this. Suppose that, while incorporating what is ‘necessary’ of the repressive provisions of a special law into the general law, you make it slight more repressive, then too nobody will notice it. So, while suggesting that AFSPA as modified by the committee be brought into the Unlawful Activities (Prevention) Act (ULPA) as amendments to section 40 of the latter Act, the nature of the satisfaction required for doing so is changed from the objective to the subjective. In its original version, AFSPA contemplated deployment of the army only on the request of the state government. Later, the union government too was permitted to deploy the armed forces without any request from the state government.

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In either case, the requirement was conditional on the opinion being formed that ‘the use of armed forces in aid of civil power in necessary’ in view of ‘the disturbed or dangerous conditions’. This requirement, at least in principle, could be some kind of a limit, since the parameters of judicial review as accepted at present would then require the presence of some material with the state or central government which would show that ‘civil power’ on its own is unable to handle the situation. The amendment suggested by the Jeevan Reddy Committee re- moves this criterion, namely the incapability of civil power to handle the situation on its own. The state government may make a request for sending the armed forces to ‘restore public order’ if that is necessary ‘in its opinion’; or the central government may, if it is of the opinion that ‘deployment of a force under its control’ is necessary to quell internal disturbance in a state, deploy the army notwithstanding that the state has made no request. The objective satisfaction that the state’s civil power which ought to maintain order is unable to do so is replaced by subjective satisfaction, that it is necessary to deploy the armed forces. This is done by a sleight of hand without at any place arguing why it is necessary. It is being said that the Jeevan Reddy Committee suggested incorporation of provisions of AFSPA into the ULPA comes with safeguards. None of these is new. They are deemed to already be there in AFSPA by virtue of the judgement of the Supreme Court in NPMHR Vs Union of India, where it read these safeguards into AFSPA to make it constitutionally valid; and the judgment of the Supreme Court in DK Basu Vs state of West Bengal, where procedures for making arrest and interrogation have been laid down. It no doubt makes sense to make explicit what is implicit, so long as the law has to be there, but it did not require the labour of two years to say this little. In fact, so far as the DK Basu guidelines are concerned, only one of them, namely

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preparation of arrest memo has been incorporated in the proposed law. The real issue is not whether the armed forces can be deployed against civil disturbances. The ordinary law too permits it, in section of the CrPC. The real question is under what circumstances, and with what powers. The ordinary law permits the armed forces to be used only against an unlawful assembly, which cannot otherwise be dispersed, only in individual instances, and normally at the order of an executive magistrate. What is contemplated by AFSPA is the continuous use of the armed forces over an area of land, with the power to open fire on suspicion on individuals and not just riotous mobs, and under its own authority. The power to open fire at persons on suspicion, the power to arrest a person on suspicion that he/she is likely to commit an offence, and the power to destroy buildings on suspicion, is the extraordinary power that has led to extensive human rights violations in the areas under the AFSPA. The Jeevan Reddy Committee leaves these powers intact. They are limited by the requirement of the use of minimum force and maim rather than kill. But that, firstly, is what the Supreme Court had any way read into AFSPA in the NPMHR case, and sec- ondly, it would have made real difference if punitive steps against trans- gressors had been mandated. Instead, the Jeevan Reddy Committee sets up a strange creature called grievances cell to enquire into allegations of abuse of powers against the armed forces and communicate its result to the complainant! Any abuse of powers by the armed forces is a criminal offence, it should promptly be investigated by an agency that is independent of the armed forces, followed by impartial prosecution. So long as that is not provided for, safeguards have little meaning. Certainly, the Jeevan Reddy Committee is conscious of what it is saying. Its major premise is that national security is of paramount importance and all else must be read subject to it. May be that is where

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the problem with the report lies, but all fuller discussion of that will have to await another occasion.

–The writer, a noted human rights activists and lawyer, wrote this article for Combat Law journal before his sad, unfourtunate and untimely death in October, 2009

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THIS IS FAKE... THE REPEAL OF AFSPA

Colin Gonsalves

THE June 2005 report of the committee appointed by the central government to review the Armed Forces Special Powers Act - 1958 (AFSPA) makes interesting reading. The committee consisted of Justice BP Jeevan Reddy, former judge of the Supreme Court, Dr SB Nakade, P Shrivastav, former special secretary, ministry of home affairs, Lt General (retd) VR Raghavan and journalist Sanjoy Hazarika. The core of the Reddy report are the Part IV recommendations and Part V, which are the suggested amendments to the Unlawful Activities (Prevention) Act, (ULPA) 1967. The recommendations begin with a sort of statement of principles. Even if a law is not made, the central government can nevertheless order the army into any particular state under Article 355 of the Constitution to protect the state against “internal disturbances”. It can do so even without their being a request of the state government. When the army is deployed in any state the fundamental rights of the citizens are required to be protected and they remain “sacrosanct and effective”. The deployment of the armed forces should be under- taken with “great care and circumspection” and ought to be “an exception and not the rule.” The armed forces are not to be deployed too frequently and for “long periods of time”. Keeping this in view, the AFSPA is “too sketchy, too bald, and quite inadequate...” “The Act, for whatever reason, has become a symbol of oppression, an object of hate and an instrument of discrimination and high-handedness.” All this is unexceptional. The problem starts when the committee departs

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from these principles, makes its recommendations and suggests amendments. The first conclusion of the committee report is then set out thus: “It is highly desirable and advisable to repeal this Act altogether, without, of course, losing sight of the overwhelming desire of an overwhelming majority of the region that the army should remain (though the Act should go). For that purpose, an appropriate legal mechanism has to be devised”. To justify the transfer of the provisions of AFSPA to another statute, in this case the ULPA, the committee reasons in an interesting fashion as follows: “a major consequence of the proposed course would be to erase the feeling of discrimination and alienation among the people of the Northeastern states that they have been subjected to, what they call, “draconian” enactment made especially for them. The ULPA applies to entire India including to the Northeastern states. The complaint of discrimination would then no longer be valid.” The committee then notices that the ULPA “does not provide for an internal mechanism ensuring accountability of such forces with a view to guard against abuses and excesses by delinquent members of such forces… over the years many people from the region have been complaining that among the most difficult issues is the problem faced by those who seek information about family members and friends who have been picked up and detained by armed forces or security forces. There have been a large number of cases where those taken away without warrants have “disappeared”, or ended up dead or badly injured. Suspicion and bitterness have grown as a result. There is need for a mechanism which is transparent, quick and involves authorities from concerned agencies as well as civil society groups to provide information on the whereabouts of missing persons within 24 hours.” The committee then sets out the suggested constitution of these “grievance cells”. The committee recommended that it should be com-

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posed of three persons “namely, a senior member of the local administration as its chair, a captain of the armed/security forces and a senior member of the local police”. The role of the grievance cells is to “receive complaints regarding allegations of missing persons or abuse of law by security/armed forces, make prompt enquiries and furnish information to the complainant.” Thus, it can be seen that the grievance cells are dominated by these security forces and the police and have no power to punish at all. All that they can do is enquire into an allegation and provide information. That it is important to have a civilian oversight commission along the lines prevalent in the UK is obvious from the fact that the principal grievance against the security forces is that there is no accountability at all and that they torture, rape and kill at will. No enquiry has ever come to light where the security forces have been severely punished. It is surprising, therefore, that the Reddy Committee should not take this aspect seriously at all. An independent enquiry is very important for one more reason. In appendix A, entry 24, the committee recommends “if on enquiry it is found that the allegations are correct, the victim should be suitably compensated and the necessary sanction for institution of prosecution and/or a suit or other proceeding should be granted under section 6 of the central Act”. Obviously the word ‘enquiry’ refers to the enquiry conducted by the grievance cell. If this cell is to comprise the very forces committing the offence, one can hardly expect anything to come out of these enquiries. The promise of compensation and prosecution is illusionary and far from fruition. The insertion of a provision relating to grievance cells could possibly have an adverse impact on habeas corpus and other petitions filed in the high courts or the Supreme Court. These courts have been regularly ordering judicial enquiries in respect of allegations of torture,

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executions and disappearances. Should such a clause be inserted it could well be contended that the enquiry ought to be conducted not by an independent judge but by the grievance cells set up under statute. After setting out the principles that the use of the armed forces ought to always be for a limited period, the committee suggests an open ended time schedule in the following manner: “While deploying the forces under sub-section (3) the central government shall, by a notification published in the gazette, specifying the state or the part of the state in which the forces would operate and the period (not exceeding six months) for which the forces shall operate. At the end of the period so specified, the central government shall review the situation in con- sultation with the state government and check whether the deployment of forces should continue and if it is to continue for which period. This review shall take place as and when it is found necessary to continue the deployment of the forces at the expiry of the period earlier specified.” It can be seen from this that there is no limitation at all on the deployment of armed forces in any state nor are there any guidelines laid down apart from the general statement of principles for the deployment of the armed forces. Then comes the most dangerous part where a provision is sought to be inserted which is even more pernicious than the provisions of AFSPA read together with the Supreme Court judgment in the Naga Peoples Movement for Human Rights case. Simply put, the Supreme Court interpreted the provisions of AFSPA to mean that the security forces cannot substitute the civil administration and the police and are always to act “in aid of the civil power”. What this meant was clarified by the Supreme Court to include taking the police force into confidence, normally not acting without the consent of the police, at all times working in tandem, handing over suspected terrorists to the police forthwith and without interrogation.

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The suggested amendments are clearly at the behest of the security forces who saw for themselves a larger role than merely acting “in aid of the civil power”. The committee has qualified the clause “in aid of the civil power” by saying that the forces will do so “to the extent feasible and practicable… However, the manner in which such forces shall conduct their operations shall be within the discretion and judgement of such forces.” The committee further concludes that the deployment of security forces in any states can happen “notwithstanding that no request for such force is received from the state government concerned.” Then comes the clincher. The suggested provision for opening fire is so overbroad that there is no reference to opening fire in self defence or opening fire in the context of the likely commission of a terrorist offence. Mere reasonable suspicion that a person is in possession of arms is sufficient to open fire without anything more. There is no indication that the principle of the minimum use of force is applicable at all. A non-commissioned officer can order security forces to open fire. There are no guidelines for opening fire. There are no guidelines for any enquiry to be conducted after the forces open fire and in- jure persons. This repressive provision suggested by the Justice Jeevan Reddy Committee is as follows: “In the course of undertaking operations mentioned in (a) above, any officer not below the rank of a non- commissioned officer, may, if it is necessary, in his judgment, for an effective conduct of operations; use force or fire upon, after giving due warning, an individual or a group of individuals unlawfully carrying or in possession of or is reasonably suspected of being in unlawful possession of any of the articles mentioned in section 15 of this Act.” It can be seen from the above that the only guideline for opening fire is that the non-commissioned officer must, in his judgement, feel it is necessary to do so! The committee suggests that the armed forces after arresting a person should forthwith handover such person to the police. The observation of the committee is as follows: “If the forces

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deployed under subsection (2) or sub-section (3) of section 40 A arrest any person, under the preceding section, they shall forthwith hand over such person to the officer-in-charge of the nearest police station.” The word “arrest” is a dangerous loophole. The police regularly make a distinction between “detention” and “arrest” and the period between the two sometimes runs into months. Under AFSPA, the security forces were not permitted to arrest any person. They were merely required to take a person into custody and hand that person over to the police. One of the do’s suggested is that “if any person dies during the course of these operations, his dead body should be handed over immediately to the police along with the details leading to such death.” There is no requirement for an independent enquiry to be conducted. There is no punishment for torture, forced disappearances or homicide. Thus the main grievance of the people of Manipur that the armed forces have raped women, tortured and executed persons and caused forced disappearances has been left unattended by the committee.

–The writer, senior Supreme Court lawyer, is Founder, Human Rights Law Network

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The Mask

Manisha Sethi

YOU can feel the cold hand of fear grip you every evening in Imphal. The roads are deserted, save for the armed patrols, their guns ready and pointing. It is December 2004, barely months after the gruesome rape and murder of Thangjam Manorama and the tumultuous protests that rocked the state in its aftermath. A team of students, academics and activists are in Manipur to investigate what AFSPA means at ground level. An endless litany of unspeakable brutality— a school boy’s brains splattered on the bus stop while waiting for his school bus, three boys gunned down while returning home from choir practice, an old couple shot at when they stepped out in the night to relieve themselves, a young man picked up from a sports ground never to return home alive. The tales of horror leave us feeble with grief and anger. While we are in Imphal, the impending visit of the Justice Jee- van Reddy Committee is notified through newspapers, and Manipuri opinion is sharply divided. A section, dismissing it as a political stunt has called for a boycott of the committee when it comes visiting, while there are others who urge the importance of communicating their ab- horrence for AFSPA to the committee. There is however widespread disaffection with the terms of reference laid out for the ‘review’ committee: to examine the act and advise the government whether to “amend the provisions of the Act to bring these in accordance with the obligations of the government towards protection of human rights or to replace it by a more humane Act”. It’s over a year since Justice Jeevan Reddy Committee submitted its findings and recommendations and the government has per-

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sistently stonewalled all demands for making the report public. Irom Sharmila’s sudden arrival in Delhi earlier this month renewed the clam- our for the release of the report. Though the government has continued to rebuff this demand, it was however ‘leaked’ to the media. The report was greeted in parts by jubilation, frustration, but above all by confusion. Does it recommend a repeal of AFSPA? Or does it not? Or is it saying something else, while calling for a scrapping of the despised law? The bewilderment is derived from the semantic play that the report indulges in. The intent of the committee can be deciphered from the first few pages itself. On page nine, the report states: “We must say that while an overwhelming majority of the citizen groups and individuals pleaded for repeal of the Act, they were firmly of the view at the same time, that the army should remain to fight the insurgents. When explained that the continuance of army operations would require a legal mechanism, quite a few of them agreed but suggested that such a mechanism should duly take into account the need to protect the rights and interests of citizens as also of the state.” Unfortunately, the annexure with details of the presentations and submissions made before the committee belie this claim: far from an ‘overwhelming’ number of individuals expressing a ‘firm’ opinion for the continued presence of army, it is a paltry 14 (out of a total of 196 depositions) who wish the army to continue its operations against the insurgents while advocating either the absolute revocation or at least the ‘humanisation’ of the law. For an overwhelming majority, the army is a symbol of hatred and colonisation, as it was for the brave women whose bare breasts dared the Indian army to rape them. Where are we headed then? The answer is obvious: towards cre- ating a legal mechanism for the army’s operations, to provide it legal immunity from what the army perceives as “spurious and motivated accusations of excesses” in the discharge of their duties, while categorically

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recognising that the Act has become a “a symbol of oppression, an object of hate and an instrument of discrimination and high-handedness.” Calling AFSPA “too sketchy, too bald and quite inadequate in several particulars,” the committee does commend its repeal but suggests re- inforcing the existing Unlawful Activities Prevention Act’s (ULPA) stipulations to enable it to deal with the conditions in the Northeast. Consider now the draft of the provisions which the committee has recommended to be inserted to the Unlawful Activities (Preven- tion) Act, 1967 titled, “Deployment of the Armed Forces of the Union:” Its section 4 says that ”the force deployed …shall act in aid of civil power and shall, to the extent feasible and practicable, coordinate their operations with the operations of the security forces of the state government. However, the manner in which such forces shall conduct their operations shall be within the discretion and judgment of such forces.” Let us not forget that the Act is also invoked “in aid of civil power” and also engenders the suggestion of coordinating with the local administration—which is of course followed only inbreach. By insisting that such coordination should be dependent upon its feasibility and prac- ticability, to be judged by the armed forces, this draft provides an un- equivocal blueprint of virtual army rule. section 5 (b): “In the course of undertaking operations … any officer not below the rank of a non- commissioned officer, may, if it is necessary, in his judgement, for an effective conduct of operations, n use force or fire upon, after giving due warning, an individual or a group of individuals unlawfully carrying or in possession of or is reasonably suspected of being in unlawful possession of any of the articles mentioned in section 15 of this Act n enter and search, without warrant, any premises in order to arrest and detain any person who has committed a terrorist act or against whom a reasonable suspicion exists that he is likely to commit a terrorist act n enter, search and seize, without warrant, any premises, and destroy, if necessary, the firearms or any of the articles mentioned in section 15

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from any premises/vehicle, vessel or other means of transport and for that purpose to stop the vehicle, vessel or other means of transport.” Though the draft inserts a clause for ensuring the presence of witnesses while searching, seizing and destroying vehicles or property, it is otherwise a spitting image of AFSPA. It continues to allow even non-commissioned officers to conduct operations on the basis of ‘reasonable suspicion’ alone and without a warrant. The safeguards that it offers are stale and routinely flouted with abandon; the requirement for arrest memo, handing over the arrested person to the nearest police station (changed from “minimum delay” to “forthwith”), the possibility of endless deployment of the armed forces through repeated reviews and extensions. Indeed the Supreme Court’s list of ‘dos and don’ts’ issued to the army has remained a cruel joke despite it being legally binding. The ULPA itself is one of the most draconian laws today; it defines terrorism in expansive terms, holding even sympathisers and supporters culpable (thus thousands of those who marched on the streets of Imphal demanding justice for Manorama may be booked under ULPA on grounds that they are backed by militant groups as Shivraj Patil once famously said); it renders intercepted private com- munication through emails and phones as admissible evidence in court. Moreover, like AFSPA, its clause (b) of section 49 provides protection to “any serving or retired member of the armed forces or para-military forces in respect of any action taken in good faith in the course of the operation directed towards combating terrorism.” Fortified by the recommendations of the review committee, the allnew ULPA will be a recipe for unmitigated violation of civil rights. The presence of armed forces for long periods, the declaration of certain areas as troubled, security from legal suits, and now, add to it the jingoism of ‘war on terror’ that the ULPA entails. Already, it is not merely the central armed forces which indulge in excesses. Em-

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boldened by the impunity they enjoy, the police and state forces have a free hand as well- the killing of three Kuki boys in Imphal in 2004, and the rape of a school teacher, Naobi, were all the handiwork of police commandos. The biggest concession to the plethora of human rights violations that the committee makes is by way of recommending the constitution of a ‘grievances cell’ in each district of a state where the forces are deployed. The cell is to comprise the sub-division magistrate (chairperson), a representative of the forces operating in the district and an officer of the police. Can anyone seriously consider such a body—with no representation from the civil society, not even the state human rights commission—to be independent and impartial? Especially when it is mostly their own personnel accused of violations.. The Jeevan Reddy Committee offers an exceedingly clever report. By giving vent to the feelings of the people of the Northeast, their accusations of discrimination and human rights violations, and by mouthing the popular aspirations of the people for the repeal of AFSPA, it appears to stand in their defence and solidarity. Must the people be forced to choose between the two draconian laws? The battle against AFSPA is one for democracy. It must not be allowed to become a pretext for further shrinking of our democratic spaces. And this is precisely what the review committee report attempts to do. It concludes rather poetically: “At the end of a long night, there is a dawn.” One can only quote from renowned Urdu poet Faiz: “This trembling light, this night-bitten dawn, this is not the dawn, we have waited for so long…”

–The writer is Assistant Professor of Sociology, Jamia Millia Islamia University, Delhi

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Annexure

THE ARMED FORCES [SPECIAL POWERS] ACT, 1958

INTRODUCTION

VIOLENCE became the way of life in north-eastern States of India. State administration became incapable to maintain its internal disturbance. Armed Forces (Assam and Manipur) Special Powers Ordinance was promulgated by the President on 22nd May of 1958. In which some special powers have been given to the members of the armed forces in disturbed areas in the State of Assam and Union Territory of Manipur. Later the Ordinance was replaced by the armed Forces Special Powers Bill.

STATEMENT OF OBJECTS AND REASONS

An ordinance entitled the Armed forces (Assam and Manipur) Special Powers Ordinance, 1958, was promulgated by the President on the 22nd May, 1958. Section 3 of the Ordinance powers the Governor of Assam and the Chief Commissioner of Manipur to declare the whole or any part of Assam or the Union territory of Manipur, as the case may be, to be a disturbed area. On such a declaration being made in the Official Gazette, any Commissioned Officer, Warrant Officer, non-commissioned officer or any other person of equivalent rank in the armed forces may exercise, in the disturbed area,

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the powers conferred by section 4 and 5 of the Ordinance. The Bill seeks to replace the Ordinance –See Gazette of India, 11-8-1958, Pt. II-Sec. 2, Ext. p.714 (No.26).

ACT 28 OF 1958

The Armed Forces (Special Powers) Bill was passed by both the Houses of Parliament and it received the assent of the President on 11th September, 1958. It came on the Statute Book as THE ARMED FORCES (SPECIAL POWERS) ACT, 1958 (28 of 1958).

LIST OF AMENDING ACTS

1. The State of Mizoram Act, 1986 (34 of 1986). 2. The State of Arunachal Pradesh Act, 1986 (69 of 1986). 3. The Armed Forces (Assam and Manipur) Special Powers (Amendment) Act, 1972 (7 of 1972). 4. The Armed Forces Special Powers (Extension to Union Territory of Tripura) Act, 1970. 5. The Repealing and Amending Act, 1960 (58 of 1960).

THE ARMED FORCES (SPECIAL POWERS) ACT, 1958 (28 of 1958) [11th September, 1958] An Act to enable certain special powers to be conferred upon members of the armed forces in disturbed areas in the State of *[Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura].

*Subs. By Act 69 of 1986, sec.43 for “Assam, Manipur, Megahalya, Mizoram, Nagaland and Tripura and the Union territory of Arunachal Pradesh” (w.e.f. 20.2.1987.)

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Be it enacted by Parliament in Ninth Year of the republic of India as follows:- 1. Short title and extent – (1) This act may be called **[The armed- Forces (Special Powers) Act, 1958]. ***[(2)] It extends to the whole of the State of ****[Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura].

2. Definitions: In this Act, unless the context otherwise requires- (a) “armed forces’ means the military forces and the air forces operating as land forces, and includes other armed forces of the Union so operating; (b) ‘disturbed area’ means an area which is for the time being declared by notification under section 3 to be a disturbed area’; (c) all other words and expressions used herein, but not defined and defined in the Air Force Act, 1950 (45 of 1950), or the army Act, 1950 (46 of 1950) shall have the meanings respectively to them in those Acts.

3. Powers to declare areas to be disturbed areas – If, in relation to any state or Union Territory to which this act extends, the Governor of that State or the administrator of that Union Territory or the Central Government, in either case, if of the opinion that the whole or any part of such State of Union territory, as the case may be, is in such a disturbed or dangerous condition that the use of armed forces

**Subs by Act 7 of 1973, sec. 3 for ‘the armed forces (Assam and Manipur) special Powers Act, 1958” (w.e.f 5.4.1972). ***Subs by Act 7 of 1972, sec. 4 (w.e.f 5.4.1972). *****Subs by Act.69 of 1986, sec. 43 for ‘Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura and the Union Territory of Arunachal Pradesh’(w.e.f 20.2.1987).

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in aid of the civil power is necessary, the Governor of that State or the Administrator of that Union Territory or the Central Government, as the case may be , may by notification in the Official Gazette, declare the whole or such part of such State or Union territory to be a disturbed area].

Sec 5] The Armed Forces (Special Powers) Act, 1958.

COMMENTS

(i) The Governor is empowered to declare any area of the State as “disturbed area’. It could not be arbitrary on ground of absence of legislative guidelines; Inderjit Barua v.State of Assam, AIR 1983 Del. 514.

(ii) Section 3 cannot be construed as conferring a power to issue a declaration without any time limit. There should be periodic review of the declaration before the expiry of six months; Naga People’s Movement of Human Rights v. Union of India, AIR 1998 SC 431.

4. Special Powers of the armed forces – Any commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area,-

(a) if he is of opinion that it is necessary so to do for the main- tenance of public order, after giving such due warning as he may consider necessary, fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of

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five or move persons or the carrying of weapons or of things capable of being used as weapons or of fire-arms, ammunition or explosive substances; (b) if he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortified position or shelter from which armed attacks are made or are likely to be made or are attempted to be made, or any structure used as a training camp for armed volunteers or utilized as a hide-out by armed gangs or absconders wanted for any offence; (c) arrest, without warrant, any person who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence and may use such force as may be necessary to effect the arrest; (d) enter and search without warrant any premises to make any such arrest as aforesaid or to recover any person believed to be wrongfully restrained or confined or any property reasonably suspected to be stolen property or any arms, ammunition or explosive substances believed to be unlawfully kept in such premises, and may for that purpose use such force as may be necessary.

COMMENTS

(i) Conferment of power on non-commissioned officers like a Havaldar cannot be said to be bad and unjustified : In- derjit Barua v .State of Assam, AIR, 1983 Del 514. (ii) The armed forces must act in cooperation with the district administration and not as an Independent body. Armed Forces could work in harmony when they deployed in

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disturbed area: Luithukia v.Rishang Keishing, (1988) 2 Gau LR 159.

5. Arrested persons to be made over to the police – Any person arrested and taken into custody under this Act shall be made over to the officer in charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest. In case of arrest of any person, army authority is duty bound to handover to the officer-in-charge of the nearest police station with least possible delay: Horendi Gogoi v. Union of India, (1991) Gau CR 3081.

6. Protection to persons acting under Act – No prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act.

7. Repeal and Saving – [Repealed by Amending and Repealing Act, 1960 (58 of 1960), First Schedule, sec.2 (26.12.1960].

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JaCKbooT dEMoCrACy

carry out operations with impunity once an area is i N

declared “disturbed”. t H E

And the state of Manipur has been groaning under S H A d o W the heels of this repressive law for far too long now, aFsPa where the dreaded legislation has brought with it iNdEPENdENt PEoPlE’S

tales of untold sufferings — midnight knocks, o F arbitrary searches, forced captures, innumerable

A F S P tribUNAl rEPort incidents of torture, un-notified detentions, sudden oN HUMAN riGHtS

independent india in 1958 by the union home r i g h t s tEN yEArS oF SAtyAGrAHA FASt

ministry and became AFSPA. it was immediately P by iroM SHArMilA CHANU e o p l ’ s

implemented in parts of the Northeast. V i o l a t n s t r i b u n a l Editor HarsH DobHal i n M a n i p u r r e p o r t