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Ten cases under AFSPA you should know about

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Photo: V. Sudershan, The Hindu

Photo: V. Sudershan, The Hindu

by Ravi Nitesh

As recently, a court martial awarded life term to 7 persons of Indian army after a court of inquiry in Machil encounter case. The infamous draconian act Armed Forces Special Powers Act (AFSPA) and the impunity that it grants to security forces under which no prosecution can be held in any civil court without a prior sanction from Government of India has made the security forces a big hub for human rights violations. Besides Machil, there are many more cases, named and unnamed that need attention of government and judiciary because these cases are infamous for the atrocities performed by security forces.

Here are few infamous cases, listed about which we all should know, in view of our sensitization towards human rights and how there are difficulties in ascertaining the punishment to security personals who are surviving with impunity. It is also evident that these atrocities are still continued. Though here are the selected cases only, there are hundreds and thousands of cases like these where human rights violations reported in areas where AFSPA is imposed (North East region and J&K).

Operation Blue Bird (Oinam, Bishunpur District, Manipur): Operation Blue Bird was launched in 11 th July 1987 at Oinam of Manipur, where more than 30 naga villages covered and human rights violations including torture and even extrajudicial killings were done in addition to sexual harassment, theft and loot by security personals. In a petition filed by NPMHR, it was reported that many houses were burnt and dismantled, many women were tortured and people got killed in fake encounters. This operation was done for many days, whole area was kept isolated and in jailed condition where even civil administrative authorities were not permitted to move in. Cases were filed in courts, even registrar of a high court was denied to move in to record the statements, but so far nothing happened.

Kunan Poshpora (Kupwara District, J&K): On 23 rd February 1991, a search operation was conducted by Indian army in Kunan Poshpora village of Kupwara district. During this search operation, around 100 women including pregnant women were allegedly raped by army persons in front of villagers. No clear inquiry was made by government. Later in the year 2014, the police officer who first visited the village to record testimony told that he was threatened many times to not to make report public. Government tried its best to make this case as ‘baseless’ and on the other hand, Chief Justice of J&K high court in his findings told that he never saw such a case where even normal investigative procedures were ignored. A case is still running in Supreme Court of India on this issue.

Bijbehra firing (Anantnag district, J&K): On 22 October 1993, approximate 35 civilians got killed when BSF fired upon crowd during a protest. It was alleged that firing was unprovoked and done while the protest was peaceful. Magistrate inquiry and NHRC findings marked that the firing was unprovoked. J&K High Court also accepted the reports and findings and ordered for compensation to victims and their families. It is not clear if the case against BSF personals was sent to grant sanction for prosecution, but till now no such prosecution was done.

Malom (Imphal District, Manipur): It was 2 nd November 2000, when at Malom, a place near Imphal, Assam Rifles fired upon 10 persons at a bus stand and they got killed. In these persons, even a 60 year old lady and 18 year old bravery award winner also got killed. This case sparked the anger in Manipur. Protest was organized. Irom Sharmila started her fast with demand to repeal the act AFSPA. However, still nothing happened.

Pathribal (Anantnag district, J&K): On 25 th March 2000, at Pathribal in J&K, 5 civilians were picked up by Rashtriya Rifles and allegedly made as ‘foreign militants’ and as the main accused persons who were responsible for Chhatisinghpura case. Local people protest against this and calimed that these were civilians and were not involved in any such activity. Initially, no case was lodged as defined with the impunity granted under AFSPA but later when protest erupts, CBI was asked to investigate the case. CBI in its investigation submitted report and found guilty a Brigadier, a Lt Col, two majors and a subedar of 7 Rashtriya Rifles for a staged encounter where civilians were picked up from Anantnag district . These encounters were told as ‘cold blooded murders’. Supreme Court of India, with findings of CBI told Indian army in the year 2011 for court martial, (as sanction for prosecution under civilian law could not be provided under AFSPA) , however after two years army closed the case with no actions on accused personals.

Manorama Killing (Imphal Distrcit, Manipur): It was the night of 10 th July 2004, when Assam Rifles went to house of Manorama at Imphal, Manipur at night, tortured her at her house before her brother and mother, then picked her up. In the morning, dead body was found at Ngariyan Yairipok road with bullets injuries in her private parts. Massive protest was organized by people, even the infamous naked protest also happened but case under criminal charges could not be lodged. A local judicial inquiry was done but report was not made public. A PIL in Supreme Court of India is still going on but no verdict has been awarded yet.

Shopian Case (Shopian district, J&K): on 29 th May 2009 in Shopian (J&K), two women named Aasia (age approx 17) and Neelofar (age approx 22) went missing from their orchard on their way back to home. Their dead bodies found on next day morning. People alleged it as murder and rape by security forces who were camped nearby. Initially, no FIR was lodged and police told that postmortem report cleared injuries over private parts. However people believed that police report about postmortem is fake, protests were continued by people and later J&K govt formed a judicial panel. Under judicial inquiry, Forensic lab report established the gang rape of both the women. Besides few suspension and transfers from police department, nothing has happened in this case.

Mass Graves in J&K: In the year 2008-09, mass graves of approximate 3000 unmarked persons were found in Bandipora, Baramulla, Kupwara and other districts. It was believed that most of these graves may belong to people who has been killed and buried by security personals without any accountability under AFSPA. It was also believed that there may be persons who are reported as ‘disappeared’, as thousands of cases of disappearances are recorded. State Human Rights Commission confirmed that thousands of bullet ridden bodies buried in unmarked graves. Some 500 bodies are identified as ‘locals’ and not the ‘foreign militants’ as it was told by security agencies. In spite of all cry and hue by human rights organizations and local people, no concrete action has been taken yet from the side of government.

Machil Encounter (Kupwara district, J&K): On 30 th April 2010, three civilians of Baramulla (J&K) were shot by Indian army at Machil sector in Kupwara district of J&K and were framed as ‘foreign militants’. However, later with the protest and inquiry, it was established that these persons were civilians and were called by army to provide them jobs of porters and later were killed in a staged encounter. With the protest that erupted all over J&K as an anger of people and force used to suppress the protests, as many as 110 lives of civilians lost in the whole summer unrest of the year 2010. Indian army in its inquiry found them guilty and in November 2014 sentenced life imprisonment to two officers and five soldiers in the court martial for being guilty. It was told that these army personals murdered these civilians, painted their face black, had put the guns and told them ‘foreign militants’ to get rewards and remunerations under ‘anti-militancy operations.’

1528 cases of extra judicial killings: In a write petition filed in Supreme Court of India (SCI), it was told that during May 1979 to May 2012 , approximate 1528 cases belongs to extra judicial killings. Supreme Court picked 6 random cases from the list and formed a high power commission under Justice (retd) Santosh Hegde and two others members to inquire about these 6 cases. Commission submitted its report to SCI stated that all 6 cases are found cases of fake encounters where no criminal records found for these persons who got killed. Case is still in SCI.

Ravi Nitesh is a Petroleum Engineer, Founder- Mission Bhartiyam, Core Member- Save Sharmila Solidarity Campaign. Follow on twitter: www.twitter.com/ravinitesh Blog: www.ravinitesh.blogspot.com

Army admits to killing two teenagers in Kashmir by ‘mistake’

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Mother of one of the slain youths consoled at her Nowgam residence by relatives and neighbours. Photo: Faisal Khan

Mother of one of the slain youths consoled at her Nowgam residence by relatives and neighbours. Photo: Faisal Khan

Srinagar: The Indian Army took responsibility and apologised for the recent firing incident in Kashmir’s Budgam district in which two teenagers were killed and two other people were injured. Army men had fired at a Maruti car on Monday.

“Army fully takes responsibility for the civilian killings at Chattergam in Budgam district,” Lieutenant General D S Hooda, Army’s Northern Command chief said at a press conference on Friday.

Army said there will be a transparent probe into the firing incident.

“I assure that there will be a transparent probe in the firing incident,” he said.

Two youth – Faisal Yousuf, Mehraj-ud-din- were killed and two – Zahid Ayoub, Shakir Rehman – critically wounded when army men fired indiscriminately at a car these youth were traveling in. While one youth – Basim Amin- escaped unscathed from the car.

“See mistake has been done. Dos and don’ts of operating procedures are being constantly taught to troops. We will get to know about the incident fully once the probe is over,” Hooda said.

“We sincerely wish the incident should not have happened. Inquiry has been ordered. We have recorded testimony from 15 civilian and service witnesses. The testimonies are being examined. The inquiry will be completed within 10 days,” Hooda said.

He said that the Army shares the sorrow and grief of the families.

Following the outrage over the incident, army replaced 53 RR unit with 35 RR in Chattergam.

Army had earlier claimed that the car refused to stop at two check posts, the claim which was rejected by a government inquiry conducted after the incident.

Clashes and restrictions continue in the native place of these youth from last four days. All the youth are residents of Nowgam locality in Srinagar.

NHRC notice to defence ministry over Army killing of two teenage boys in Kashmir

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Hundreds join the funeral prayers of two youths killed in Army firing in Chattergam area of central Kashmir’s Budgam district late Monday evening. Photo: Faisal Khan

Hundreds join the funeral prayers of two youths killed in Army firing in Chattergam area of central Kashmir’s Budgam district late Monday evening. Photo: Faisal Khan

New Delhi: The National Human Rights Commission Wednesday issued notice to the defence ministry and the Jammu and Kashmir police over the killing of two youths in firing by the Army, said a statement.

Taking suo motu cognisance of the incident, the commission issued notice to the secretary, ministry of defence, and the superintendent of police of Budgam district, calling for a response within two weeks.

Two teenage boys – Faisal Yousuf and Mehrajuddin Dar – were killed when army men opened fire on their Maruti car on Nov 3. The slain youth hail from Nowgam area and were friends. Although an army statement said, “The youths were travelling in a car and as claimed by the Army, they did not pay heed to signals to stop at the barriers set up by the security forces,” a government inquiry into the killings has contradicted the claims made by them that the car in which the youths were travelling tried to “sped away” when asked to stop in Chattergam.

As per the inquiry report, five persons were travelling in the car and they were all residents of Nowgam. An eyewitness account recorded by the committee states that the Maruti 800 car was stopped by the Army naka party and it “skidded off the road and hit a pole on the road side”.

“In the meantime one of the detachment of the naka party fired upon the vehicle, resulting into death of Burhan alias Faisal and Mehraj-ud-Din,” the report says.

Two more youths were injured in the firing incident who have been identified as Shakir and Zahid.

Ishfaq Ahmad, quoting his brother, Zahid, told KNS news agency that their car skidded as a speeding load carrier was about to run over them.

“The driver tried to save us and in the process our car ran into an electric pole. All of a sudden, Army started firing,” he said.

The fifth, Basim, emerged unscathed in the attack and ran away from the spot.

Chief minister Omar Abdullah Monday said the victims have “no connection” with the insurgency in the region and his party has demanded revocation of AFSPA, a draconian legislation which provides immunity to government forces from prosecution in civil courts.

AFSPA and the 15th ear of non-violent heroic struggle of Irom Sharmila

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Irom-Sharmila

by Ravi Nitesh

At present when you are reading this letter, there are many things going on this world. Some are becoming a everyday story and adding just another day in one’s life, some are there and contributing to where history is being created and recorded and even some others, with people like you who are reading this article and now will know about this part of history, where a lady, popularly known as Iron lady of Manipur, is entering in 15th year of her fast that is in the common interest of people of Manipur and within the larger objective of humanity and justice, and therefore rare in one of its kind.

Just like you, I am also a mute spectator of this history that is mixed with pride and sadness for me. It is a pride for reasons because I am able to live in this year of history where I can witness such a non violent historic and heroic struggle of an individual who herself became an invincible, immoral and a movement within herself. Sad, because I wish and pray of its end through the fulfilling the demand of Repeal AFSPA by government. I, at present cannot do much, but probably the least that I can do is to share my sentiments with you and to devote myself in solidarity.

At a time, when you are reading this article, I am sitting in solidarity fast in support of Irom Sharmila, in the same city where she is under arrest. Common supporters like myself, activists and students are also sitting in solidarity with her. While I think that I may not be able to meet and to speak to you all, I feel that this article (that is mostly in the form of letter) may reach to some of you for sure and through this way, I can convey ing my solidarity with your struggle.

I would like to convey the sentiments of all fellow countrymen also who thinks and speaks for your rights and justice, I would like to convey sympathy of our mothers and sisters to your families and I would like to tell you that you that we believe that together we will get the rights and justice in coming time.

I also see it as a time, when in my view, more than our worries about Irom Sharmila’s fast, government should be in fear to see the changing time when now it is another year that has come to add itself in counting of longest fast and probably longest non violent struggle for a demand. It should be a matter of worry for a democracy like India that history is being written of its ignorance and deviating decisions of undemocratic behavior, history will remember the contradiction and biased behavior of governments of this democracy.

People who are subjected to AFSPA are just any common people of other parts of India. On the other hand, armymen who are working with AFSPA powers are also like any other human being but with skilled trainings of armed systems like any other army has. The Government must think that how it is trying to create a rift between army and people with such a mechanized law that do not consider humanity and rather treat people like any object, they (army men) can play with. It cannot be said to be fair or beneficial in anyway.

On the other hand, people within the army, should also think about the same reasons that how they hear stories and see the things in unbiased ways of any killings, fake encounters and even rapes and they must think that how all such victims are also a larger part of their family and how there could be various reasons and moments that the lives could be saved and might not be necessarily lost. Our dear army men and the whole army commands must also understand that how people of Manipur or North East or any other part cannot be enemy of them and even the ‘region’ cannot be a reason of any such enmity. There are examples where people from these regions contribted well for the Indian defence system and other forms of social and national causes. In fact, from the government to army to judiuciary to people, everyone must take it as a clear point that opposing AFSPA just meant to opposing a particular policy and extra ordinary powers and it has no concern of any personal or professional enmity among the people and army. It is the same as people in non AFSPA imposed areas are against the extra ordinary leisure, facilities and corruptions of bureaucrats and politicians and it is no where oppose of bureaucrats and politics.

It is not an easy task that Irom Sharmila is doing. For the courts, when it was an ‘attempt to suicide’, for Irom Sharmila, probably it was one of the ‘reason’ to ‘live’. She is not aimless like many of us are. Unlike us, she has a reason and thought process and a decided goal for her life. Putting the life on fast with all known intention, motivation and clear objective towards making a society more humane, cannot be said as attempt to suicide, instead it is something that we all need in our lives.

With my heartiest salute to this living legend of Non Violence and brave people of all AFSPA imposed areas With the sense and determination of making our society more humane, more civilized With the demand from Government to Repeal AFSPA from all regions.

Ravi Nitesh is Core Member: Save Sharmila Solidarity Campaign and founder: Mission Bhartiyam

AFSPA needs to be be repealed immediately, says former police officer

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Members of Save Democracy stage a protest demonstration demanding the repeal of Armed Forces (Special Powers) Act (AFSPA) even as activist Irom Sharmila's fast against the Act in Manipur entered 12th year today, at Jantar Mantar, in New Delhi. Photo: V. Sudershan, The Hindu

A protest demonstration demanding the repeal of Armed Forces (Special Powers) Act (AFSPA) at Jantar Mantar, in New Delhi. Photo: V. Sudershan, The Hindu

Imphal Free Press: The debate over Armed Forces Special Powers Act, AFSPA is no longer needed; it should be repealed at the soonest. It is inhuman and as well as redundant as a law.

This was stated by Potsangbam Sonamani, former senior superintendent of police, Kohima, who is also the president of Manipuri Association North East India.

Sonamani was speaking in the North East Consultation on Human Rights, today at the Tribal Research Center hall, Imphal.

The consultation was jointly organised by North East Students’ Organisation, NESO and All Manipur Students’ Union.

Sonamani further said that though the Act has been enacted by the establishment, the greater onus lies with the human right activists and the people.

He also lamented the lukewarm turnout of public during such an important consultative meeting.

Former Chief Minister, Radhabinod Koijam, speaking as the chief guest recounted his experiences with the then Prime Minister, during his short stint as the State Chief Minister regarding the ramification of the Act.

Yambem Laba, human right activist and journalist, recalled how the human right movement took a definitive shape in the State.

He also recollected how he during his college days petitioned against the Act before the Supreme Court of India, along with some of his friends.

He appealed the members of NESO and AMSU to be firm with their convictions.

Samuel Jyrwa, Chairman NESO, termed AFSPA a manifestation of racial discrimination against the North East people and emphasised on the need to repeal such a draconian law. He also pointed out that such consultation will be held in all the seven sister States of the NE before the next Parliament session.

After a thread bare discussion on the genesis and politics of AFSPA, adverse gender impact of the armed conflict and the increasing ‘securitisation of development’ in the Northeast region, the consultation unanimously decided to pressurise the MPs from the Northeast to push for the repeal of AFSPA in Parliament.

Sinam Prakash secretary general NESO in his keynote address pointed out that despite of internal and external democratic pressure to repeal AFSPA the government of India is turning a blind eye to the issue for too long.

The technical session was a chaired by Lokendra Arambam, senior citizen. Seram Rojesh, Anjulika Samon and Homen Thagjam presented papers on the Act.

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