Court dismisses attempt to commit suicide charge, says Irom Sharmila's protest is centred on political demand
Anti-AFSPA crusader Irom Sharmila freed
Source: The Sangai Express

Imphal, August 19 2014: In a landmark judgement which could bolster democratic and non-violent protest movements across the country, Court of Sessions Judge, Imphal East released human rights activist Irom Sharmila Chanu, allowing her plea that she is not attempting to commit suicide.

Demanding repeal of the Act, Sharmila (42) began her fast since November 5, 2000 a couple of days after Assam Rifles personnel massacred ten civilians including a national child bravery award winner at Malom in Imphal West in a retaliatory action.

The "Iron Lady of Manipur" moved the sessions court (Manipur East) challenging an earlier order passed by the Chief Judicial Magistrate (CJM) Imphal East on June 4 charging her under section 309 IPC (attempt to commit suicide) .

Anti-AFSPA crusader Sharmila freed

She is currently being forced fed through her nose at the security ward of Jawaharlal Nehru Institute of Medical Sciences (JNIMS), close to her Kongpal Kongkham Leikai residence in Imphal East.

Noted human rights lawyer Khaidem Mani, who appeared on behalf of Sharmila, said that Sharmila was not attempting to end her life but protesting simply against the military Act.

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 IPC cannot be taken into account.

Having heard both sides, Sessions Judge A Guneshwar Sharma maintained 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.

"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" the Court said, while setting aside the June 4 CJM order.

The Court order further mentioned that the agitation launched by Irom Chanu Sharmila is centred on a political demand and she may continue with her fast until her demand is fulfilled politically by the Government.

The State Government may take up appropriate measure for her health and safety, such as nose feeding in case she decides to continue with her fast, it added.

It ordered to send copies of this verdict to the CJM (Imphal East) and superintendent of Manipur central jail for information and necessary action.

The State prosecution, for the first time, submitted charge sheet against Sharmila this year, seeking to punish her under 309 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 .

Amnesty International (AI) India has already launched a campaign across the country, seeking release of Sharmila without any condition.

It stated that Sharmila was protesting against AFSPA in a democratic manner with no intention to commit suicide.