EEVFAM hails court order in 2005 killing case
Source: Chronicle News Service

Imphal, November 12 2024: Extrajudicial Execution Victim Families Association, Manipur (EEVFAM) and Human Rights Alert (HRA) have welcomed the order of the Chief Judicial Magistrate, Imphal East (CJM), summoning 13 personnel of the 19 Assam rifles (AR) in connection with the death of one Pheiroijam Keshorjit, who was shot dead on June 21, 2005 at Seijang-Sailent, after alleged apprehension the previous evening from Sabungkhok Khunou.

According to a joint statement signed by EEVFAM secretary Edina Yaikhom and HRA executive director Babloo Loitongbam, Keshorjit's murder is one of 39 cases handled by the special investigation team of GBI, out of 1528 fake encounter cases submitted to the Supreme Court by EEVFAM and HRA.

In the Final Report (FR), evidence adduced by the CBI clearly established that the 13 AR personnel detained and killed Keshorjit.

However, it was also stated in the same FR that the central government denied prosecution sanction under Section 6 of AFSPA.

EEVFAM filed a protest petition, leading to the CJM's October 30, 2024 order, stating "the requirement of taking prosecution sanction under section 6 of the AFSPA does not arise, and certainly not an impediment in initiating criminal proceedings against the Accused" .

Accordingly, the 13 accused have been summoned to appear on November 25, 2024 .

Drawing from the Supreme Court judgment on Naga People's Movement for Human Rights v/s Union of India, the order stated that "mere declaration of disturbed area does not give a carte blanche to the armed forces operating in the disturbed area", the statement added.

EEVFAM and HRA viewed this order as 'significant', given the continued denial of prosecution sanction, which had hindered the prosecution of armed forces personnel with evidence of commit ting serious human rights violations in Manipur and elsewhere.

In a significant development in July 2024, the UN Human Rights Committee recommended the Government of India, during the 4th periodic review under the International Covenant on Civil and Political Rights (ICCPR), to abolish the requirement of mandatory prior authorisation for the prosecution of members of security and armed forces (UN document no CCPR/C/IND/CO/4, paragraphs 29 and 30), the statement added.

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