Mail News Service
New Delhi, Oct 19 : A Division Bench of Supreme Court comprising Justice Aftab Alam and Justice Ranjana Prakash Desai has today (19-10-2012)issued notice to the Union of India as well as State of Manipur in the writ petition© 445 of 2012 filed by Dr. Th. Suresh Singh for the withdrawal of the AFSPA from the State of Manipur. Advocates of the petitioner are Mr. Jaideep Gupta, Sr Advocate assisted by Sapam Biswajit. Reply is to be returnable on or before November 5, 2012.
The petition is a public interest litigation petition on behalf of all the people of Manipur challenging the extension of disturbed area under the Armed Forces Special Power Act 1958 which gives excessive, arbitrary and enormous power to the Armed Forces. The Act in this present form and the way it is being used is a brazen affront to the right to life and it sanctions impunity and protects those who are executing the same. The renewal of the declaration of the disturbed area is without applying any mind as a mechanical way in the absence of any data and only based on apprehension of the Government. Despite the fact that the degree of violence in the State of Manipur has been comparatively decreased, the Government is renewing the declaration of disturbed area without properly reviewing the present scenario of the State of Manipur. A committee headed by Justice B.P. Jeevan Reddy, former Judge of the Hon’ble Supreme Court has already recommended the repeal of the same and the Supreme Court directed for periodic review of the declaration of disturbed area as it has to be for limited duration of 6 months only.
A detailed history of Manipur since 33 AD , stories of massacres, operations were also given.
Civil society coalition on human rights in Manipur submitted a report on status of Human Rights in Manipur to the office of the High Commissioner for Human Rights for review of the U.N. It gives a disturbing figure of 119 officially claimed killed persons in encounter but refuted by the family members as killed after arrest/abduction by state forces/army during 2007-2010. It further mentions another disturbing figure of 98 persons having no link with armed organizations as claimed by the Deceased’s family during the same period. .
Civil Society Coalition on Human Rights in Manipur and the UN published a report of a list of extra judicial executions committed by the State and Central Security Forces Manipur since January 1997 to May 2012. It mentioned a total of 1528 executions (male-1399, female-31, children-98).
A part of the report was submitted to Mr. Christof Heeyns, UN Special Rapporteur in March, 2012.
A situation of internal disturbance involving the local population requires a different approach. Involvement of armed forces in handling such a situation brings them in confrontation with their countrymen. Prolonged or too frequent deployment of armed forces for handling such situations is likely to generate a feeling of alienation among the people against the armed forces who by their sacrifices in the defence of their country have earned a place in the hearts of the people. It also has an adverse effect on the morale and discipline of the personnel of the armed forces. It is, therefore, necessary that the authority exercising the power under Section 3 to make a declaration so exercises the said power that the extent of the disturbed area is confined to the area in which the situation is such that it cannot be handled without seeking the aid of the armed forces and by making a periodic assessment of the situation after the deployment of the armed forces the said authority should decide whether the declaration should be continued and, in case the declaration is required to be continues, whether the extent of the disturbed area should be reduced.”
The Hon’ble Supreme Court in its judgment in para 74 clause 8 & 21 directed that “a declaration under section 3 has to be for a limited duration and there should be periodic review of the declaration before the expiry of 6 months” and “a complaint containing an allegation about misuse or abuse of the power conferred under the Central Act shall be thoroughly inquired into and if on enquiry it is found that the allegations are correct, the victim should be suitable compensated and the necessary sanction for institution of prosecution and /or a suit or other proceedings should be granted under section 6 of the Central Act”.
It is submitted that the concern of this Hon’ble Court 14 years back is coming true. So many incidents have taken place in the past 14 years which stands testimony to the fact that the alienation amongst the people from the armed forces has crystalised so much that the situation instead of becoming better is deteriorating day by day.
It was stated that 25% incident took place in non AFSPA area and remaining 75% in AFSPA area.
Read more / Original news source: http://manipur-mail.com/apex-court-issues-notice-for-repeal-of-afspa-from-manipur/
