UWRD seeks Governor's action on extrajudicial cases
Source: Chronicle News Service

Imphal, February 15 2025: United Women Right's Defender (UWRD) has called on the Governor to take immediate action regarding the delay in the trial of extrajudicial execution cases and the failure of the Central government to issue prosecution sanctions under Section 6 of the Armed Forces (Special Powers) Act (AFSPA), 1958 .

In a press release, UWRD highlighted the plight of 1,528 victim families, many of whom include widows, children, and other relatives still seeking justice.

UWRD urged the Governor to seek information from the department of law, and the Manipur Human Rights Commission on the status of the 39 charge sheets submitted by the Central Bureau of Investigation (CBI) and to communicate with the chief secretary to request the ministry of external affairs and the ministry of home affairs to grant prosecution sanctions for independent legal proceedings against the accused personnel from paramilitary forces and the Army under Section 6 of AFSPA.

The press release highlighted that Section 6 of AFSPA provides legal immunity to security personnel, stating: "No prosecution, suit, or other legal proceedings shall be instituted except with the previous sanction of the Central government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by the Act".

UWRD expressed deep concern over how this provision continues to shield those responsible for extrajudicial executions.

Citing a recent instance, the UWRD noted that even the Government of Nagaland had repeatedly communicated with the ministry of defence to issue prosecution sanctions against 30 personnel of the 20th Para-Commandos involved in the killing of 13 Konyak Naga workers at Otting village in December 2021 .

However, the competent authority denied the request, leaving the victims' families still struggling for justice.

The press release also recalled the Supreme Court-appointed Justice Santosh Hedge Commission, which was tasked with investigating 1,528 alleged extrajudicial executions committed by the Assam Rifles, other paramilitary forces, and the Indian Army between 1979 and 2012 .

The commission examined six cases in 2013 and found all to be fake encounters, stating that security personnel had exceeded their right to private defence.

Among these cases, the commission found that Md Azad Khan, a minor, was killed without evidence of criminal or insurgent activity, leading the Manipur High Court to order Rs 5 lakh in compensation to his mother.

Khumbongmayum Orsonjit Singh was also found to have been killed outside the realm of private defence, and his case remains pending with the National Human Rights Commission (NHRC) .

In the case of Nameirakpam Gobind Meitei and Nameirakpam Nobo Meitei, the commission concluded that their deaths were premeditated, with no criminal records to justify the killings.

The NHRC has recommended compensation, but the case remains unresolved, it bemoaned.

Elangbam Kiranjit Singh's case further demonstrated delays in justice, as investigations have been ongoing for 12 years, averaging only three cases per year, making it likely to take over 50 years to complete the entire probe.

The commission found that security forces had no valid claim of self-defence in his killing.

Chongtham Umakanta's killing was determined to be a case of abduction and deliberate execution, rather than an encounter.

The NHRC advised the Manipur government to provide Rs 5 lakh in compensation to his next of kin, but the case remains pending.

Similarly, Akoijam Priyobrata was killed in an act that the commission concluded was not an encounter, and the NHRC has recommended compensation, though the case remains unresolved at the request of the state government.

UWRD emphasised that de spite 39 charge sheets being submitted by the CBI between 2013 and 2023, legal action has been stalled due to the lack of prosecution sanctions under AFSPA.

The press release pointed out that justice remains elusive in a country which is considered as the world's largest democracy, with the judiciary facing multiple challenges in delivering verdicts in these cases.

UWRD reiterated the urgent need for intervention from the Governor to ensure that justice is not further delayed for the families who continue to bear the pain of losing their loved ones to extrajudicial executions.

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