This was one of the instances of extra judicial killings heard by Human Rights Law Network (HRLN) during the 3 day sitting from December 11, 2009 in Imphal. In the wake of public hue and cry, an inquiry was set up headed by a police officer. This inquiry had never submitted its report. The Manipur Chief Minister Okram Ibobi had sanctioned Rs 2 lakh as ex - gatia payment to the bereaved parents. The unanswered question is why such financial solatia is paid since the official version is that the victims were armed militants who were killed in ‘encounters’. On November 2, 2000, security troopers gunned down 10 innocent persons including a woman at Mallom near Imphal. When some human rights activists had called on the then Chief Minister W. Nipamacha, he reportedly told the stunned activists that since the government had paid ex - gratia to the family members they should rake it up.
M. Rakesh of the HRLN said that during the 3 day sitting, family members of 42 victims were heard. 40 were victims of the extra judicial killings and 2 of inhuman torture. This is the tip of the iceberg as 150 persons at an average are killed in a year in this insurgency afflicted state in ‘encounters’. Police had dissuaded most family members from deposing before the tribunal. Most of the unlettered family members feared that if they speak out other surviving sons may also be targeted.
The 280 page HRLN report is riveting and a page turner. The cases of extra judicial killings are as gripping as the serial killings by a psychopath. It was noted that not a single perpetrator had been punished. The jurors of the HRLN tribunal were Justice K.K. Usha, retired Chief Justice of Kerala High Court, Justice D.K. Basu, former judge, Calcutta High Court, Justice Malay Sengupta, former acting Chief Justice, Sikkim High Court, Justice T. Sudhir, retired District and Sessions court, Manipur, Justice C. Upendra, retired District and Sessions Court, Manipur, Justice L. Rabindra retired judge, Family Court, Manipur and Yambem Laba, a former member of Manipur Human Rights Commission.
Seven victims had been arrested from their homes while 29 others were intercepted and whisked away from crowded places. The victims were invariably shown to have been killed in ‘encounters’ within a few hours of being picked up. In some cases, the victims, like Khan, were riddled with bullets in the presence of several mute witnesses. Though all the victims were wearing civilian dresses and loin clothes in case of those who were dragged out of their beds, the dead bodies donned battle smocks and guns were said to have been recovered from them. The combat fatigues they wore were usually ill fitting and the waist buckles could not be fastened.
K. Thouba could not walk as he was a victim of cervical spondylitis yet police commandos dragged him away to the police station. When his wife rushed there, the police officer assured her that he would be released after some questioning. However, the next day she learnt that her paralysed husband was killed in an ‘encounter’ with the police commandos. When she filed a writ petition, the Manipur government simply denied her charges. N. Nanao, aged 27 was dragged out of his bed on the night of May 6 and was gunned down in his own courtyard. K. Devan, a taxi driver was attacked by commandos. He was hit by 10 bullets while the taxi had 100 bullet holes. The official explanation was that he had ignored the signal of the commandos to halt. His wife, Ganga, is blind and she was given Rs 50,000 as ex - gratia. She and her two sons are somehow surviving with Rs 1500 paid by an NGO per month. All other victims were thus killed in ‘fake encounters’ with slight variations in the scenario and dramatis personae.
The tribunal felt that if there was no fear psychosis among the family members and police had not threatened them, all of them would have come to the hearings and deposed. The root cause of these excesses is the untrammeled powers given by the Armed Forces (Special Powers) Act, 1958. Though the AFSPA is for the army, the state forces and police had emulated the army with impunity.
The HRLN tribunal strongly recommends the repeal of the AFSPA to check such excesses in the light of the recommendations of the Justice Jeevan Reddy Commission. Till such a time comes, the police commandos should not be permitted to take advantage of the AFSPA which is not applicable to them. Like all other recommendations the government will ignore this one. Miss Irom Sharmila has been on a fast unto death from November 2, 2000 demanding the repeal of the AFSPA. The state government says that notwithstanding her fast and other campaigns, the AFSPA can not be repealed as it would tantamount to giving carte blanche to the insurgents. The government had lifted the AFSPA from seven Assembly segments in Imphal from August 12, 2004 but the tribunal was very skeptical about the benefits of this move by the government. On July 11, 2004 Miss T. Manorama was raped and killed by personnel of the Assam Rifles and on July 14, 2009 12 women vigilantes had stripped themselves naked in front of the Assam Rifles camp to protest the rape and killing of the girl. Hopefully things will change sooner rather than later in Manipur and a solution to the issue of the AFSPA is found.

Kavita Laithangbam