By Dr. Syed Ahmed, for TwoCircles.net,
Imphal: In a landmark judgment announced on August 19, 2014 the Court of Sessions Judge, Imphal East, dismissed the charge that anti-AFSPA crusader Irom Chanu Sharmila, who has been on fast for the last 14 years demanding repeal of AFSPA, was attempting to commit suicide and ordered the State Government to release her form custody. The verdict came after Sharmila filed a petition against an earlier order passed by Chief Judicial Magistrate (CJM), Imphal East on June 4 last that charged her with attempt to commit suicide under Section 309 of IPC.
Sessions Judge A. Guneshwar Sharma said that there is no material to establish that Sharmila has ever stated that she was fasting unto death except for the mere allegation contained in the FIR and charge sheet and the uncorroborated news reports.
Irom Chanu Sharmila
The Court order, setting aside the June 4 CJM order, said serving solely on nose feeding without taking any food for 14 years negates the very feeble presumption of intention of fasting unto death since the petitioner is not refusing nose feeding. It is further mentioned in the Court order that the agitation launched by Sharmila is centered on a political demand and she may continue with her fast until her demand is fulfilled politically by the Government.
The Court order also stated that the State Government may take up necessary steps for her health and safety, such as nose feeding in case she decides to continue with her fast. The Court ordered to send copies of the verdict to the CJM, Imphal East and Superintendent of Manipur Central Jail for information and necessary action.
Khaidem Mani, the reputed human rights lawyer, who appeared on behalf of Sharmila expressed that she was not attempting to end her life but protesting simply against AFSPA. Sharmila, at no point of time, did not ever attempt to commit suicide during her long-drawn-out protest and hence the charge levelled against her under Section 309 of IPC cannot be taken into account, he added.
The State prosecution, for the first time, submitted charge sheet against Sharmila this year, seeking to punish her under Section 309 of IPC. The punishable term of this act is one year imprisonment. Since the police did not submit charge sheet against her in the previous years she has never been convicted of attempting to commit suicide.
Sharmila was, however, released by the Court in March every year after the one-year jail term expired. She, nevertheless, continued her fast only to be arrested by the police on the next day or two days later, a regular feature occurring since 2001.
42 year-old Sharmila has been on fast since November 5, 2000, a few days after Assam Rifles personnel massacred 10 civilians at Malom in Imphal West District demanding repeal of AFSPA. She is at present lodged at the security ward of Jawaharlal Nehru Institute of Medical Sciences (JNIMS).