Anti-AFSPA crusader Irom Chanu Sharmila. Judges have confirmed that armed forces personnel were involved in rapes and killing of innocent people

Damning reports submitted to the Supreme Court by two panels of judges have confirmed that armed forces personnel were involved in rapes and killing of innocent people in Manipur 'under the cover' of the controversial Armed Forces (Special Powers) Act (AFSPA).

The reports, one of them submitted by the Manipur government to the apex court two weeks ago, have triggered fresh demands from human rights activities for a probe by a special investigation team into 'nearly 1,700 extra-judicial killings in the past 35 years' and withdrawal of the AFSPA from the northeastern state.

'Crimes against women, more particularly relating to sexual harassment committed by armed forces, are now increasing in some states like ours.

'They (armed forces) think themselves placed at the elevated status of impunity by the legislation and think wrongly they are given licence to do whatever they like,' said the latest report on incidents during 2004-08 that was compiled by a group of serving and retired judges of district courts in Manipur.

The cases

A probe by M. Manoj Kumar Singh, District Judge of Imphal East, confirmed the rape of a 15-year-old schoolgirl by two army personnel on October 4, 2004. She committed suicide the same day.

Upendra Singh, a retired district judge, reported the death of Amina, a young mother who was shot by CRPF personnel while putting her baby to sleep at home.

The report said Amina died when a CRPF team, chasing a criminal, entered Naorem village, surrounded her home and fired indiscriminately.

In another report, Judge Manoj Kumar Singh investigated the shooting of Yumnam Robita Devi, 52, on April 9, 2002 as she waited for a bus at Pangei Bazar.

A passing convoy of CRPF personnel was ambushed by insurgents.

'In retaliation', the report said, 'the personnel turned to the civilians and fired indiscriminately. Ms Devi, who ducked on the floor of the market, was spotted and shot dead.'

The Supreme Court told the UPA Government last year that AFSPA could result in extra-judicial killings and it has to endif Manipur needs to be fully integrated with India

In April 2013, a commission headed by former Supreme Court judge Santosh Hegde inquired into six killings by armed forces and police and found the allegations to be true.

It had concluded that seven victims in the six cases, including a 12-year-old boy, did not have criminal antecedents and were not involved in any insurgency-related matter.

The report pointed out that 'four out of these six cases shockingly followed an identical pattern'.

PIL hearing

WHAT IS AFSPA?

A draconian law enacted in 1958 which gives unbridled powers to the armed forces. Any commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank in the armed forces is granted the right to shoot to kill based on mere suspicion that it is necessary to do so in order to “maintain public order” in a “disturbed area”. The Introduction to the Act says that it has been enacted to assist state governments which were incapable to maintain internal disturbance. However, the Act has been widely criticised by national and international human rights agencies. First introduced in the states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura, the Act was later extended to Jammu and Kashmir in July 1990. Advertisement

These reports were submitted in connection with a PIL being heard by the apex court. The PIL was filed in 2012 by the Extra Judicial Executions Victims' Families Association, whose cause was taken up by senior advocate and rights activist Colin Gonsalves.

'Our PIL stands vindicated by the reports of the judicial panels. We will now urge the court to immediately set up a SIT to probe all such killings since 1979,' Gonsalves said.

'In a functioning democracy eyewitness accounts would be immediately acted upon, leading to registration of murder cases, but in Manipur such FIRs are not accepted at the police station, no investigation done and no disciplinary action taken,' the PIL says.

No respect

The apex court has been asking the Centre to 'do something' in Manipur as uncontrolled powers given under the AFSPA could lead to unjustified killings in fake gun battles and shootouts.

'There is no respect for a human life, an Indian's life. If you (the Centre) keep areas under security forces for a long period of time, then these things are bound to happen.

'The Centre should now do something for Manipur. This must end. Manipur has to be fully integrated with the country. You keep a state alienated for 10-15 years and such things would occur,' the court had told the previous UPA government last December.