By TCN News,
The Social Democratic Party of India, (SDPI), has welcomed the recent Supreme Court judgement lashing out the misuse of Armed Forces Special Powers Act (AFSPA) by the Army that unleashes excessive force under the protective umbrella of this draconian law in Manipur.
The divisional bench of Supreme Court Friday said that indefinite deployment of armed forces in the name of restoring normalcy under AFSPA “would mock at our democratic process”, apart from symbolising a failure of the civil administration and the armed forces. The court also raise questions on deployment of security forces in Manipur under the AFSPA since 1958 and reminded the central and state governments that the purpose behind deployment of armed forces was to ensure normalcy would be restored within a reasonable period.
These remarks are the strongest judicial rebuke yet of the army’s special shoot-to-kill powers, which trace their origins to a British-era ordinance used to suppress the Quit India Movement of 1942, SDPI said in a statement released to media.
The verdict, which is a blow to the immunity enjoyed by the forces, came on petitions demanding a probe by the CBI or a special investigation team into the alleged 1,528 cases of “extra-judicial killings” in Manipur between 2000 and 2012 by the Army. The SC also held that the allegations of such fake encounters in Manipur should be inquired into.
A. Sayeed, National President of SDPI welcomed the SC move in Manipur and said that it should take similar approach in Kashmir also where AFSPA is being misused to throttle the aspirations of the Kashmiris to lead a normal and save life. In the case of Manipur Justice Justice Santosh Hedge under the mandate of Supreme Court made enquiry and found all 58 incidents as fake encounters. He recommended that 1500 cases of killings by security forces in Manipur may be reinvestigated. Now, the SC has made an order so some good words for Justice Hegde. Same intervention of Supreme Court is overdue in Kashmir. Current situation is most dangerous when ambulances and hospitals are being attacked for last two days and no civil liberties in existence in valley .The largest deployment of the world is weakest position of a democracy. This situation is the most undesirable in a democracy and requires immediate suo moto intervention from the Supreme Court to salvage democracy and integration of the country.
Sayeed further said that in Manipur the deeper meaning of this judgement is that the Army is not required to deal with a law and order situation. Maintenance of law and order is the job of the Police and Bureaucrats (IPS & IAS) and they should handle it instead of using the Army, who are only meant to protect the territorial integrity of the nation from external aggression. The Army should now go back to the barracks in all areas where the AFSPA is in force and the civil administration get back to doing their duty instead of shirking responsibilities and passing it on to the Army.
He also said that using AFSPA and that too for years on end is a blot on democracy. Unfortunately it has given immunity to the forces and most behave with impunity, gone are the days when every soldier commanded respect. Remove AFSPA from Manipur and provide a healing touch to the people, open a sports university as promised and certainly Manipur will be sports power house of India.
It is the constitutional duty of the judiciary to overlook if the executive is insensitive to Fundamental Rights of citizens to a free and safe life, he added.
“35 years is too long a time for holding onto a temporary measure. Both Centre and state should assess the situation and make a permanent setup in which they can beef up the state police force to maintain the law and order situation and at the same time move military forces out. If Centre has to fund the state for that, so be it”, he said adding, “The SC is reasonable in asking the question about Manipur’s status as Disturbed Area. There is an elected government there and it is so incompetent to manage the law and order? If so why not throw those jokers out and impose Central rule?
The statement pointed out that in Manipur, human rights activist Irom Chanu Sharmila has been on a fast-unto-death for last 15 years demanding withdrawal of AFSPA. She is forcibly nose-fed at a government hospital in Imphal. Sharmila’s hunger strike is a symbol of a brave struggle against injustice. The AFSPA has caused widespread human rights violations like enforced disappearances, extrajudicial executions, torture and sexual violence. AFSPA has been used to justify killings on mere suspicion as well as granted virtual immunity through a clause prohibiting legal proceedings.