Statement relating to late Sapam Robinhood's brutal and arbitrary kiling by Manipur Police

16 July 2015

The Centre for Organisation Research and Education (CORE) Manipur, after visiting today the grieving family of late Sapam Robinhood Singh, a boy of 16 years from Lairikyengbam Leikai, Imphal who was studying in Class XI (Science) at the Ananda Singh Higher Secondary Academy in Nongmeibung, Imphal, reportedly killed by police firing, is deeply concerned that the Manipur police had filed a suo moto First Information Report (FIR) on 8th July 2015 against the students who were on a peaceful rally, in full school uniform, in support of the campaign to promulgate a Inner Line Permit System in Manipur.

Falsely naming the reported peaceful students in the rally as an “unruly mob” carrying dangerous weapons obstructing the police from discharging their duties and threatening to destroy government property, the police report filed on the same day as the rally, sought to justify the use of disproportionate force in clear violation of existing norms and guidelines of crowd control.

According to the report filed by the Officer in Charge of the Porompat Police Station, Imphal East District, the unnamed Executive Magistrate on duty on that day had issued orders “to use minimum force like lathi charge, tear gas, shells and rubber bullets” to disperse the crowd. The report clearly indicts the Executive Magistrate for the “permission” to use force; but the use of “minimum force” does not, by law and any stretch of imagination, include the use of disproportionate use of force as evident in the report.

No mention was made in the report of the OC of Porompat Police Station that a PA system was used to warn the rallying students or that water cannons were used to discourage the rally from proceeding into a sensitive zone of Imphal City. The police, according to the report which forms the basis of the suo moto FIR No. No. 205(7)015 PRT-PS u/s 147/148/149/353 IPC and 7 Criminal Law Amendment Act dated 08/07/2015, adopted destructive violent steps and the use of maximum force upon the unarmed peaceful students in the rally.

It is unacceptable that even after almost 10 days after the incident, which the FIR mentioned, no investigation has commenced and no police officers have ever visited the families of the deceased late Sapam Robinhood Singh and the injured students even after the fact prima facie evidence exists of an unnatural death and injuries to many as a consequence of police firing and use of disproportionate force.

The grieving family of late Sapam Robinhood Singh have yet to claim the dead body of the child kept in the morgue of JNIMS Hospital, Porompat to perform his last rites, and persons wishing to pay condolence visits in accordance with customary practice have been harassed by the police. The family is in deep shock and mourning, not only from the sudden and violent loss of a talented child but by the contents of the FIR that lays the entire blame on all the students participating in the peaceful rally. We believe that the students of Ananda Singh Higher Secondary Academy who are the victims of arbitrary violence and killing by the police stands falsely accused of rioting and carrying dangerous weaponry!

We remind the government of Manipur that India is a state party to the United Nations Convention on the Rights of the Child (CRC), duly ratified by Parliament, and is fully obliged to fully protect and promote the rights of the child to participation, freedom of expression and association through:

Article 12

1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.

2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.

Article 13

1. The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice.

2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others; or

(b) For the protection of national security or of public order (ordre public), or of public health or morals.

Article 14

1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.

2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.

3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.

Article 15

1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly.

2. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

The CORE Manipur demands that a full and impartial inquiry in accordance with the law be instituted by the government of Manipur, and a regular FIR case be immediately filed against the erring police personnel and others responsible for this tragic incident for the ends of justice.

Dr Laifungbam Debabrata Roy
President
Elders' Council
Centre for Organisation Research & Education Website: www.coremanipur.org