AHRC asks DG to protect whistleblower Herojit
Source: The Sangai Express
Imphal, January 16 2018:
The Executive Director of the Asian Human Rights Commission Bijo Francis has written to the DGP of Manipur, LM Khaute to ensure that whistleblower Thounaojam Herojit Singh is provided protection, his statement recorded, and his diaries produced as evidence.
The written communication to the DGP was personally handed over to the office of the top police officer of the State by a representative of Asian Human Rights Commission today.
Taking serious note of the information given by Herojit, AHRC said that this region of India is heavily patrolled by the military and local police officers, and custodial deaths and instances of torture are common, with 12,000 deaths and 4,000 torture cases being reported by the NHRC between 2001-2013; the true number of un-reported cases is presumed to be much higher.
According to Herojit, he was personally present when a large number of persons were extra judicially killed by the Manipur police during 2003-09, and these killings were done on the direct orders of superior officers, stated AHRC.
On the revelations of Herojit, AHRC said that the former Head Constable had stated that he had maintained by hand, 3-4 diaries containing details of the incidents and on whose orders the killings were ordered.
According to his affidavit on record in the Supreme Court, while was filed on Jan 5, 2018, he stated that these were fake encounters and he maintained in the 3-4 diaries serial wise details of the encounters in which he recorded, "(i) the name of the victim (ii) his age (iii) parentage (iv) address (v) place of occurrence (vi) date of the killing or arrest (vii) remarks such as "killed" or "done" or "arrest" and; (viii) the call sign code of the superior officer who gave the order to kill." According to the affidavit, these diaries were seized by the CBI from the Government quarters at Manipur Police Commando Complex at Minuthong, Imphal, sometime in 2010 in the presence of his family members, said AHRC, referring the claims of Herojit.
The former Head Constable also alleged that these were seized without taking his signature on the Seizure Panchnama and without giving him a list of the diaries seized.
Herojit also went on the say that "he fears that the diaries will be destroyed, and ne was motivated to make the affidavit so that the diaries are produced as evidence before the Supreme Court and so that he can contribute to the investigation.
Despite repeatedly requesting the CBI officer to record his statement as he was present during these fake encounters, this wasn't done.
He also fears for his life and safety and in April 2016, he narrowly escaped an attempt on his life.
This affidavit has been filed in the ongoing Writ petition no.129 of 2012, Extra Judicial Execution Victim Families (EEVFA) vs.
Union of India, in which the second petitioner is Human Rights Alert," said AHRC.
Herojit first confessed his role in fake encounters in January 2016 when he spoke to the media regarding his role in the 2009 killing of an unarmed Manipuri boy named Chungkham Sanjit Meitei, who was killed at a chemist shop, allegedly on the orders of Additional SP AK Jhalajit Herojit confessed to killing the young boy, a suspected member of the rebel group People's Liberation Army (PLA).
He also confessed to having killed well over100 people in fake encounters, face to face.
Feeling deserted and used by the police force that he served, he was seen as a liability as he was a witness, and he was driven to confess after his home was raided by his colleagues and he was detained at the police station for 5-6 hours, questioned about links to insurgent gangs.
In July 2017, India's apex Court passed a historic judgment in the case Extrajudicial Execution Victim Families Association (EEVFAM) & Anr.
Vs.
UOI & Ors reiterating the primacy of rule of law and that there can be no justification to bypass it.
The SC ordered that the Central Bureau of Investigation (CBI) set up an independent Special Investigating Team to enquire into the allegations of fake encounters in Manipur.
The order comes after the Court had earlier passed a judgment in July 2016 holding that any allegation of the use of excessive or retaliatory force by 'uniformed personnel' must be enquired into, along with a direction to the petitioners to provide adequate documentation.
The AHRC also called for swift action of the DGP in this case given the serious nature of the confessions of Head Constable Thounaojam Herojit Singh.
The AHRC called for the diaries seized by the CBI to be produced in the Supreme Court immediately, and the statement of Herojit Singh must be recorded under S.I64 CrPC to aid the ongoing investigations in extrajudicial encounters in Manipur.
As Herojit Singh is a whistleblower, who has made serious allegations against his superiors, he must be given protection so that he and his family's safety is ensured while the investigation is ongoing.
The AHRC will write a separate letter to the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, calling for her intervention in this matter, added AHRC.
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