Source: The Sangai Express
Imphal, September 21:
In a significant development, the Principal seat of the Gauhati High Court has directed the State Govt to release Irom Chanu Sharmila from the judicial custody.
Acting Chief Justice D Biswas and Justice Ranjan Gogoi issued the verdict today following a writ petition filed by lawyers of Human Rights Law Network (HRLN) on behalf of hunger striker Sharmila of Kongpal Kongkham Leikai.
Advocate Pukhrambam Rameshkumar of HRLN pleaded in favour of Sharmila.
While ordering the State Govt to release Sharmila, unless she is required to be detained for other cases, the Court, however, maintained that the State Government �is at liberty to take care of her health and nutritional requirements�.
The writ challenged the detention of Sharmila on the State's allegation that she has been trying to commit suicide which is a punishable offence under section 309 of IPC.
Pleading before the Court, Advocate Rameshkumar contended that launching a hunger strike is an exercise of fundamental rights guaranteed under Article 19 of the Constitution, which relates to freedom of expression.
A hunger strike is a peaceful and constitutionally protected right, he added.
Sharmila has no intention of committing suicide, but only wishes to protest peacefully and thus section 309 of IPC is not applicable in her case, the Advocate contended.
Rameshkumar further said that Sharmila wants to live but the excesses of the security forces in Manipur do not permit a normal life to do so.
In such a circumstance, death might be more welcome to her than living under the Armed Forces Special Powers Act, the Advocate said.
The detention and force feeding of the woman is illegal and amounts to violation of Article 21 of the Constitution and hence she should be released unconditionally, the Advocate pleaded.
Sharmila has been fasting after Assam Rifles personnel massacred 10 civilians at Malom in November 2000.Recently she was released by the Court on the ground that the term she served in judicial custody was equated with the offence she ought, to serve in prison under section 309 IPC.
However, she resumed her fast on the same day she was released.