NSA: Many more demand immediate release of Wangkhem Kishorchandra
Source: The Sangai Express
Imphal, December 28 2018:
Indian Association of Lawyers, Manipur Chapter, Women Action for Development and DESAM on Friday strongly condemned the detention of Wangkhemcha Kishorchandra underNSA forpostingavideo on Facebook criticising the Centre and the State Government as well as the RSS.
The Indian Association of Lawyers, Manipur Chapter in a statement today issued by its general secretary Kh Shamungou Singh claimed that the obscene words used by Kishorchandra against the Prime Minister and the State does not amount to sedition.
The sedition charge slapped was 'highly objectionable and illegal', it alleged and pointed out that Imphal West Chief Judicial Magistrate had on November 26 observed that the words, terms and gestures used and comments made by him could not be termed seditious and that they appeared to be a mere expression of opinion.
The association claimed that the CJM had observed that his video comment on Facebook did not appeared to be an intention to create enmity between different groups of people, community or sections.
The Court had ruled that the Facebook post could not be a case of inciting people for resorting to violence against the Government to topple it, added the association.
The detention of the former employee of the ISTV the following day on November 27 under National Security Act (NSA) is in sheer 'violation of human rights and Fundamental Rights guaranteed by the Constitution of India', claimed the lawyers' association.
"The order of the Executive Magistrate, Imphal West to arrest the journalist while he was on bail amounts to disregard the observation of the Chief Judicial Magistrate, Imphal West," said the association.
"On minute study of the elements contained in his video footage, it is evident that the words/terms used and gestures shown by Shri Kishorchandra Wangkhem do not attract the provisions laid down under the National Security Act," said the association and claimed that 'there has not been any act of serious offence committed by Kishorchandra in the past which may be taken into account in preparing history sheet of the individual justifying his detention under NSA.
"If at all he committed an offence punishable under the Indian Penal Code or under any law in force in the instant case, the journalist may be arrested and booked thereunder, other than resorting to detention under the stringent National Security Act.
Any attempt on the part of any authority to punish a wrong doer/criminal disproportionate to the offence he/she committed amounts to invasion on fair administration of justice," observed the lawyers association.
Citing the need to protect and preserve human rights, Fundamental Rights enshrined in the Constitution of India, rule of law, freedom of media person, freedom of speech and expression, democratic rights of the people, the Indian Associations of Lawyers, Manipur Chapter demanded immediate release of Kishorchandra from the clutches of the NSA.
Meanwhile, DESAM has also strongly condemned the detention of Kishorchandra under NSA.
While condemning the obscene words Kishorchandra used in his Facebook post, DESAM said that criticising Government is right of every citizen which should be protected and preserved.
Denouncing the crackdown on Kishorchandra criticising the Government, DESAM urged the State Government to remove the NSA slapped against him and conduct fair trial of the case before the issue gains momentum.
DESAM also appealed general public and all concerned not to endorse and use obscene words/terms while posting comments on social networking platforms.
Women Action for Development (WAD), taking serious note of the detention of Kishorchandra under NSA, appealed Chief Minister N Biren Singh to release the former ISTV employee.
Kishorchandra has two minor children, said WAD urging the CM to release him in the best interest of his children.
Children should be protected from being traumatised and separating the children from their father is a violation of child rights, it said.
WAD also condemned the alleged custodial death of Abdul Gaffer on December 20.WAD in its statement demanded immediate arrest of the personnel of 26th Assam Rifles and Thoubal Police Commando involved in the incident and justice for the victim.
Gaffer is survived by his wife and five children.
WAD also condemned the killing Prashanta of Changangei on December 25 .
Chabungbam Budhachandra of Naoremthong reportedly shot Prashanta using his licence gun on Christmas eve.
The State needs to review licencing of guns to prevent such incidents in future, said the statement of Sobita Mangsatabam, secretary Women Action for Development.