Extrajudicial killings: NHRC parroting same State tune
Source: Hueiyen News Service
Imphal, December 04 2012:
Weeks after the Government of Manipur filed its counter affidavit in connection with cases of extrajudicial execution in Manipur, which has shocked and disturbed the Supreme Court of India, National Human Rights Commission (NHRC) followed suit with its counter affidavit in the apex court yesterday (3rd December, 2012) without offering anything new.
It may be recalled here that Supreme Court of India, which heard the cases of extrajudicial execution in Manipur for the third time last month was greatly disturbed by the attitude and orientation of the affidavit filed by the Government of Manipur.
Accordingly, the apex court asked the Government of Manipur counsel, "How a State Government could file an affidavit stating that they are killing "us" and so we are killing "them".
Are we in a state of war?" .
In the last hearing, the apex court took the matter seriously and asked the Additional Solicitor General of India and National Human Rights Commission to file their affidavit by 2 December.
The date of the next hearing has been fixed on 6th December 2012 .
According to information received by Hueiyen Lanpao, in its counter affidavit filed to the apex court, NHRC has annexed71 cases of extra-judicial executions in Manipur since 2000, most of which are yet to be disposed of.
It may also be noted here that human rights groups in Manipur have documented more than one thousands cases of extrajudicial execution by the security forces during the same period.
From its counter affidavit, the source said, it is obvious that NHRC's conclusions and recommendation are solely based on the inquiries conducted by the Executive Magistrate.
In a case listed in number 29 of the annexure, it has been stated that "MER (Magisterial Enquiry Report) received on 21 October, 2011, finding it a death in genuine encounter" however, "this matter is to be placed for consideration before Division Bench" of NHRC.
This particular notification of magisterial enquiry had been issued by one Mercina R.Panmei, Sub-Divisional Magistrate, Lamphel, Imphal West with its Office Memorandum Number 3(10)/SDM/LPL(IW)/ME/002/2010 .
On the contrary, following a writ petition in the Gauhati High Court, the District Judge, Manipur East conducted an enquiry Case No.5 of 2010 on the same case revealed that "the victims were arrested by the combined forces and taken them to the foothills of Huimei Ching along the inter village road of Leimakhong Mapal and killed both the victims by firing indiscriminately from the service weapons and there was no encounter in between the deceased persons and the combined security", the source added.
The brief of the case as stated in the PIL filed by the EEVFAM pointed out that in the morning of 28 December 2008, Baocha's mother, Radhe Devi gave a sum of Rs 7000 to Baocha to buy iron rods for the construction of their house.
Baocha went out on foot informing his mother that he would be looking for some cheaper shop.
It is reported that Baocha came to Gurung's residence at around 8:30 a.m.Both of them went out on foot informing Gurung's family that they would be going to Sagolband side to meet their girlfriends.
On the way, they were accompanied by Rakesh, a local friend and three of them rode on Rakesh's motor bike bearing registration no.MN0-6-5/4512.In the afternoon, around 2:30 p.m.they reportedly met their girlfriends at "High Restaurant" located at Sagolband.
Thereafter, Baocha and Gurung were said to have moved out from the restaurant.
When their girlfriends inquired where they were going, Rakesh said that they were going for some work at Tera Bazar.
In the afternoon, around 3:30 p.m., a cousin of Baocha informed Baocha's family that he saw Baocha riding a motor bike along with other two friends of Baocha near his house.
As they did not return till late evening, Gurung's family tried to contact them over his mobile phone but found switch off.
Next morning, local friends informed Gurung's family that two unidentified persons were shot dead by a combined forces of Imphal West Police Commando and 23 AR at Leimakhong Mapal and claimed to have recovered a motor bike bearing registration no.MN0-6-5/4512.On the other hand, the said cousin of Baocha informed Baocha's family that he discovered the motor bike which Baocha rode along with his friends in the newspaper.
Accordingly, both the families went to the morgue of Regional institute of Medical Sciences (RIMS) and found the lifeless bodies of Baocha and Gurung.
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