Confidence building measure : Supreme Court's stand
- The Sangai Express Editorial :: January 07, 2013 -

Protest at Irom Meijrao on Oct 2, 2012 after a man was shot dead after being whisked away from home :: Pix - TSE

A confidence building measure, it is. First and second round to the petitioners.

By admitting the petition filed against alleged extra-judicial executions of people, the Supreme Court had rung out a definite message that it has seriously viewed the allegations of the excesses committed by the security forces in the name of counter-insurgency operations in Manipur.

A statement that the first round had gone in favour of the petitioners. And now the decision of the Supreme Court to appoint a Commission to probe the charges of extra-judicial killings in the State means that the second round too has gone to the petitioners.

In between was the manner in which the apex Court of the country rapped the State Government on the knuckles for failing to file its report followed by the hard hitting question on whether 'there is a war going on here ?' and the observation, 'People are dying out there, file your report quickly'.

The countdown may have just begun and the final word is yet to be said, but in many ways there are reasons to feel vindicated that indeed the State has been toying around with the lives of the common people.

The arrest of two IRB personnel in connection with the abduction and subsequent murder of Shankarlal Swami may be seen as an aberration, but in many ways this is indicative of the State and its agencies viewing human beings as expendable commodities.

Anathema to the understanding of humanity as well as the belief of a Nation State. This is not merely about democracy but about the basics of human rights.

How the Commission will go about with the task at hand remains to be seen, but the names of Retired Justice of the Supreme Court, Santosh Hegde and former Chief Election Commissioner of India, JM Lyngdoh inspire confidence.

The very pronouncement of the apex Court of the country can also be seen as a question on the understanding of India as a Nation.

Has the idea of Indian Nationhood along with the tag 'largest democracy in the world' meant anything profound to the people of the North East and Kashmir and in particular to the people of Manipur ?

More than 65 years of Nationhood and a section of her people having to live under the long shadow of fear and apprehension cast by the State and this says something significant on the idea of India as a Nation.

How far will the other pillars of democracy, that is the Legislature and the Executive go along with the stand of the Judiciary on the issue of human rights will be an interesting question in the days to come.

The Supreme Court did stay away from the legality or otherwise of the Armed Forces Special Powers Act in its latest ruling on the alleged excesses of the State, but the Army Act should and will come into focus.

It is the mindset which has allowed recommendations like the one prepared by the Justice Jeevan Reddy Commission to gather dust, that has given the long rope to the State to shoot and kill randomly.

It is here that the observation of the Supreme Court, 'Magisterial Inquiry does not inspire confidence as it is not satisfactory and none, including the army personnel appeared before it,' gains immense significance.

In more than one way, this is a telling statement on how the State Government has been making a fool of the people by instituting one Magisterial Inquiry after the other.

Seen against the backdrop of the situation in Manipur, the pronouncement of the Supreme Court may perhaps be the best news that the people have received in a long, long time.