Release Thokchom Veewom, a student of Delhi university

New Delhi / 16th February 2019

An eight-member joint team of the Delhi police and Manipur police picked up a student leader from Manipur from his rented accommodation in Saket, Delhi on February 15 evening without citing any reasons.

Thokchom Veewon, formerly the president of the Manipur Students’ Union of Delhi (MSAD) and now an advisor for the outfit, has been at the forefront of protests organised in Delhi against the state government’s decision to arrest journalist Kishorechandra Wangkhem under the National Security Act (NSA) in November and the Central government’s attempt to turn the controversial Citizenship (Amendment) Bill into an Act.

An hour later, Veewon was traced by family and friends at the special branch office of the Delhi police at Janakpuri. Family members and fellow students waited outside the special branch till the next morning but they were not allowed to meet him.

Two days ago, in a Facebook post, Veewon said that a police team comprising personnel from both Imphal West and East districts arrived at his house in Lamlaimayai Leikai of Imphal around 6 pm, “threatened” his parents, “searched” his room, “took pictures” of his parents and told them to ask him to concentrate only on his education.

Arrest was sudden, arbitrary, violent and irregular. In short the entire episode is mockery of the rule of law and the legal anomalies are as under:

1. Accused or his families were never informed of either the complaint against him or the FIR or the ground of arrest, they do not have this information and this document even now.

2. Personnel came in civilian clothes and did not even disclosed their identity to Veewon and family even at the time of arrest.

3. Veewon was assaulted at the time of arrest, was neither given any time to inform the family about the arrest nor anytime to collect his personnel belong such as warm cloths and slippers.

4. For the next 20 hours, police did not disclose of his life, limb or location to anyone.

5. Police secretly produce him before a Magistrate at Saket all the while the family was expecting him to be produced at Patiala House Court Delhi Police Special Cell Magistrate.

6. This was done to prevent the family from informing the magistrate of police excess and opposing the transit remand order.

7. An unknown advocate appears to have appeared on behalf of the Veewon, This advocate was neither known nor instructed by Veewon nor his family. Transit remand order disclosed, “application is not opposed by learned remand advocate” that is the advocate who was supposed to represent Veewon. It appears that all this is orchestrated by the Manipur police to present Veewon’s advocates from arguing against the transit remand.

8. The transit remand orders disclose no grounds or materials against Veewon on the basis of which it was granted. It is an unreasoned order.

9. This is in violation of the law with respect to transit remand laid down by the Delhi High Court in WP(Crl) 2559/ 2018 Gautam Navlakha v/s State of NCT of Delhi which lays down that granting a remand order is not an administrative but a judicial function, an the magistrate must apply his mind.

10. Copy of the transit remand order, of whose basis Delhi High Court refuse to interfere was provided to Veewon’s advocate during the hearing and on WhatsApp. They had no time to peruse the order because of which their petition was disposed off.

11. High Court refuse to interfere in this matter on a highly technical ground that the petition is one of Habeas Corpus which cannot sustain since Veewon is captured by the authorities and not by any private person, and in this the correct option is to challenge the transit remand order. Court did not appreciate that until moments ago Veewon families or his advocate did not even know if any remand order exist.

12. All in all police seems to have succeeded in this cruel sleight of hand as it is feared that by the time technically correct petition challenging transit remand order will be filed Veewon would be transported to Manipur outside the jurisdiction of the Delhi High Court.

HRA is deeply concerned that we are witnessing is a disturbing trend of the police authorities arresting lawfully dissenting citizen in the most unlawful, violent and arbitrary manner.

(Babloo Loitongbam)
Executive Director
Human Rights Alert
Kwakeithel Thiyam Leikai
Imphal – 795001, Manipur, India