Random musings and observations about the state of human rights and human rights laws, democracy, justice, secularism, peace and, off course, the life and all its paraphernalia with particular reference to Barak valley.
The Prime Minister’s Office (PMO) asked the Chief Secretary of Assam to take actions in a case of two residents of Assam who went missing in Manipur, Barak Human Rights Protection Committee (BHRPC), a human rights organization working in Assam, said in a statement issued yesterday. BHRPC said PMO issued instruction to the Chief Secretary on the basis of its letter addressed to Dr. Manmohan Singh, the Prime Minister of India sent on 18 July, 2009 regarding disappearance of Paresh Das (55) and Dilip Das (45) of Nandan Kanan Tea Garden area under the Jirighat Police Station in the district of Cachar, Assam (India) on 25 May, 2009 from Tamenglong in Manipur. They usually buy damaged/unused utensils and other household things made of tin, steel, iron etc. from the villages in the districts of East Imphal and Tamenglong and sell them in Silchar, Assam. On that fateful day at 6.00am both the workmen left home for Tamenglong together and never returned.
The statement said, the PMO informed the BHRPC by a letter vide No. 13/3/2009-PMP3/75979 dated 6 August, 2009 that it has asked the Chief Secretary of Assam to take appropriate actions regarding the incident.
BHRPC complained to the Prime Minister that the day after they went missing both the Jirighat police station in Assam and Jiribam PS in Manipur were duly informed about the incident but no action was taken. Local people got worried and met the administrative and police authorities and urged them to find out the whereabouts of the disappeared.
Getting no satisfactory response, the people called for a 36-hour bandh of the NH-53 to demonstrate on June 4. Hundreds of people from neighbouring areas supported the demonstration. According to witnesses, when these unarmed peaceful people were demanding the administration to take proper actions by shouting slogans, a large number of armed para-military personnel from 72 Field Regiment of Assam Rifles camping nearby at Lalpani entered the spot and allegedly beat the demonstrators with sticks without provocations injuring about 40 people in the process including women and children, some of whom sustained serious injuries.
It is in these circumstances that BHRPC urged the Prime Minister for his intervention to ensure that: 1. prompt actions are taken to find out the missing persons or there whereabouts or their fate; 2. adequate financial aid is paid and other assistance are offered to the family members of the missing persons to ensure their physical and mental well being; and 3. a prompt, impartial investigation into the incident of foray made by the Assam Rifle personnel into the peaceful demonstration is conducted.
BHRPC expressed hopes that the Chief Secretary of Assam will take these and other appropriate actions to unearth the truth about the incident and to ensure rehabilitation and reparation of the family members of the two missing persons.
An Indian Reserve Battalion Personnel lobs a grenade causing serious injuries to 5 civilians. The grenade is of the type that are usually used by Armed Opposition Groups. The law-enforcement personnel has been arrested. Police says, militants may hav...e infiltrated the security forces. Human Rights Defenders say, security forces acting as 'mercenaries'.
The Telegraph reports,
Grenade blast near hospital
- Five hurt in Manipur, IRB jawan held
OUR CORRESPONDENT
Imphal, Aug. 21: A grenade blast in front of a hospital at Thangal Bazar here this morning left five persons wounded, two of them seriously.
Police have arrested a rifleman, T. Munal, from the IRB’s 2nd battalion on suspicion of having thrown the grenade and are investigating whether he has any links with the Kangleipak Communist Party (Military Council).
The grenade exploded about 20 feet from the main entrance of Chamber Hospital, Medical Care and Research Centre, along the approach road around 6.30am. The site is about 200 metres from Imphal City police station and 150 metres from the Assembly.
“Not many people were present at that time. I saw something rolling on the road and suddenly it exploded in front of our medicine store,” a salesman of the store, Rajen Singh, said.
He was lucky. Eight-year-old Yashika Jain was not. The girl, who lives on the first floor of the building next to the hospital, was coming down to buy medicines for her fever when the grenade exploded near her feet. Splinters hit her right ankle and belly. Doctors said the splinters would have to be surgically removed.
Md Leihaluddin, 18, was just stepping out of the hospital to get medicines for his mother, Fatima, who had undergone a surgery, when the blast occurred. A splinter is lodged in his lungs. He was referred to Shija Hospital for immediate operation.
Doctors said the condition of both Yashika and Leihaluddin was serious. Three others, relatives of patients and passersby, were discharged after first aid.
The blast damaged the exteriors of nearby shops.
Confirming the arrest of the IRB jawan, senior superintendent of police L. Kailun said, “We are investigating and interrogating him to know more details.” The police are probing whether the jawan is a member of the KPC (MC) or whether he was engaged by the outfit for a fee.
The police suspect the KCP (MC)’s involvement in the blast because the outfit had earlier owned up to leaving a pinless Chinese hand grenade at the entrance of the hospital on August 15 morning. They said a Chinese grenade was also used in today’s blast.
The outfit had said in a statement the next day that the grenade was a warning to the hospital for not complying with its rules and regulations.
A functionary of the hospital’s managing committee today said, “We did not receive any threat or demand from any group. No one contacted us. We cannot say whether our hospital is the target as there were several medicine stores near the gate of the hospital.”
The police believe the motive for today’s blast could be extortion.
The recovery of a grenade last Saturday and today’s explosion have terrified doctors, nurses and patients at the hospital. The staff and doctors staged a sit-in in front of the hospital this afternoon in protest against the attack.
Corncern over Arbitrary Detention of Human Rights Defenders in Manipur
Silchar, 21 August, 2009: Barak Human Rights Protection Committee (BHRPC) expresses its deep concerns over the reports of arbitrary detention of human rights defenders protesting against summary executions by security forces in Manipur in a statement issued by its Secretary General Neharul Ahmed Mazumder yesterday here. The statement said, according to information received by BHRPC, on 4 and 5 August 2009, human rights defenders, Mrs Phanjoubam Sakhileima, Mrs Lourembam Nganbi Devi, Mrs Yumlembam Mema, Mr Phurailatpam Devan Sharma, Mr Chingtham Dayananda, Mr Th. Naobi and Mr Karam Sunil were detained by police in Manipur following a protest against the summary execution of an unarmed former militant by security forces.
Phanjoubam Sakhileima is the President of Apunba Manipur Kanba Imma Lup (AMKIL), a women;s civil society umbrella group in Manipur. Lourembam Nganbi Devi is the vice-president of AMKIL and Yumlembam Mema is the general secretary of AMKIL. Th. Naobi and Karam Sunil are coordinators of Apunba Lup, an umbrella group coordinating the civil protest of police brutality in Manipur who are currently demanding the resignation of the chief minister of Manipur and the termination of the police personnel involved in the so-called “encounter killings.” Phurailatpam Devan Sharma is the secretary of All Manipur United Club Organisation (AMUCO) and Chingtham Dayananda is the assistant publicity secretary of AMUCO.
It is stated that according to the information from the reliable sources in Manipur, on 4 August 2009, a group of women activists marched towards Raj Bhavan to meet the Governor of Manipur, in response to the publication of photographs in a Delhi-based news magazine which indicated that the security forces in fact carried out an “encounter killing” of an unarmed man in Imphal, Manipur on 23 July 2009.
A police team stopped the women at the Palace compound and allowed three of them, Phanjoubam Sakhileima, Lourembam Nganbi Devi, and Yumlembam Mema through the barricades to meet the Governor.
The women were subsequently arrested by a group of policemen. On 5 August 2009, the women were brought before the Judicial Magistrate First Class at Imphal and were remanded in judicial custody. On 10 August 2009, District Magistrate of Imphal West issued order number Cril/NSA/No. 72 of 2009 and detained Lourembam Nganbi under the National Security Act (NSA).
It is alleged that the prison authority did not however provide any grounds for the detention of Phanjoubam Sakhileima and Yumlembam Mema. They were produced before the court on 19 August and are currently being held in the Central Jail in Imphal.
On 5 August 2009, a team of police led by the Additional Superintendent of Police, Imphal West arrested Phurailatpam Devan Sharma, Chingtham Dayananda, Th. Naobi and Karam Sunil on charges of rioting, causing damage and breaking the peace of the people.
On 6 August 2009, they were brought before the Additional Chief Judicial Magistrate at Imphal and remanded in police custody till 10 August 2009. On 10 August 2009, they were detained under the NSA with the separate order issued by District Magistrate, Imphal West. They are currently being held in the Central Jail in Manipur.
BHRPC claimed that under the NSA a person can be detained without charges (preventative or administrative detention) for a period of up to one year.
BHRPC believes that the arrest and detention of Phanjoubam Sakhileima, Lourembam Nganbi Devi, Yumlembam Mema, Phurailatpam Devan Sharma, Chingtham Dayananda, Th. Naobi and Karam Sunil are directly related to their work in defense of human rights in Manipur, particularly their protest of summary executions or “encounter killings” by security forces.
In the statement the BHRPC expressed its concerned for the physical and psychological integrity of the aforementioned defenders and calls for their immediate release.
The statement informed that the BHRPC wrote to Prime Minister of India, Chief Minister of Manipur, other authorities in India and Manipur urging them to ensure that:
1. Phanjoubam Sakhileima, Lourembam Nganbi Devi, Yumlembam Mema, Phurailatpam Devan Sharma, Chingtham Dayananda, Th. Naobi and Karam Sunil are immediately and unconditionally released as BHRPC believes that they are being held solely as a result of their legitimate and peaceful work in the defence of human rights;
2. An immediate, thorough and impartial investigation into the arrest and detention of Phanjoubam Sakhileima, Lourembam Nganbi Devi, Yumlembam Mema, Phurailatpam Devan Sharma, Chingtham Dayananda, Th. Naobi and Karam Sunil is conducted;
3. The treatment of Phanjoubam Sakhileima, Lourembam Nganbi Devi, Yumlembam Mema, Phurailatpam Devan Sharma, Chingtham Dayananda, Th. Naobi and Karam Sunil, while in detention, adheres to all those conditions set out in the ‘Body of Principles for Treatment of Prisoners, adopted by General Assembly resolution 45/111 of 14 December 1990’;
4. All necessary measures to guarantee the physical and psychological security and integrity of the aforementioned human rights defenders are taken;
5. Human rights defenders in North East India are able to carry out their legitimate human rights activities without fear of reprisals, and free of all restrictions including judicial harassment.
BHRPC also wrote to MrsMargaret Sekaggya, the Special Representative of the Secretary General of the United Nations for human rights defenders for her intervention into the matter.
BHRPC expresses concern over human rights violation
: From our Staff Reporter
SILCHAR, Aug 11: The Barak Human Rights Protection Committee (BHRPC) expressed deep concern in a press release over reports of an incident of hooliganism, vandalism and assaults on innocent civilians in Silchar on August 2, 2009, by Assam Rifles personnel of the 5th battalion camping at Jiribum, Manipur.
Sources said the police is trying to protect the accused personnel and to hush up the matter. The BHRPC, therefore, condemned the incident and the efforts of the police to cover it.
The BHRPC further requested urgent intervention of the President of India and other authorities into the matter to ensure justice for the victims.
According to the reports, some jawans of the 5th Assam Rifles battalion assaulted a shop owner after buying paan (betel nut) from him. Sources said the jawans were leaving without paying the shop keeper for the pans.
A huge crowd gathered on the spot hearing the commotion. On seeing the crowd, the jawans retreated but warned the shop owner of dire consequences.
Later, at about 10.30 pm on the same day, five jawans led by a major named R Gupta allegedly came in a Jeepsy. After a futile search for the shop owner, the jawans created mayhem in the area and allegedly assaulted another shop worker and injured him along with a few others critically.
Sources further said the Cachar Deputy Superintendent of Police (DSP) and the Officer-in-charge of Silchar Police Station reached the spot with a large police force and brought the situation under control.
The police later took the jawans including the major and the injured to the police station. The injured were sent to the hospital for treatment. But, it was alleged, no First Information Report (FIR) was registered against the jawans.
Mayhem at Silchar and Maneuvering in the Aftermath
Waliullah Ahmed Laskar
The incident can not be termed as horrifying in view of what is happening in neighbouring state Manipur. No body was killed, though many could have had been. But the after effect of the incident is more than shocking. There was nothing but reign of terror. People were afraid to speak with each other even about household chores. Barak Human Rights Protection Committee (BHRPC) team reported that when they went to the spot they encountered an eerie silence. Witnesses refused to talk. Victims were trying to avoid the team members. Fear and terror were visible in the eyes and faces of the people of the locality.
It was an incident of brutal display of brute force. The terrifying effect of the incident was not as much as that of the maneuvering in the aftermath.
Assam Rifles personnel belonging to the 5th battalion camping at Jiribam, Manipur came to Silchar in Assam, a town known as the heart of Barak Valley, on 2 August, 2009, bought ‘pan’ from a panwala, pushed a pistol into the mouth of panawala who had shown the audacity of demanding money for his pan and then created a mayhem establishing the reign of terror for the whole night.
In a statement BHRPC detailed the incident:
According to the reports, some ‘jawans’ in plain clothes belonging to the 5th battalion of Assam Rifles visited the College Road area in Silchar around 4pm on 2 August and kept loitering there for a few hours. They bought ‘pans’ from a ‘panshop’ owned by one Trinath Dhar of the same locality and started to go away without making payment for the ‘pans’. They got angry when the ‘panwala’ demanded money for his ‘pans’ and started to hurl abuses and threats at him. At further entreaties for the payment the ‘jawans’ beat him, tried to strangle him and one of the ‘jawans’ put his service pistol into the mouth of the ‘panwala’. When people gathered the ‘jawans’ went away but warned him that he would be dealt with appropriately later.
Around 10.30 pm that night 5 ‘jawans’ led by a major named R Gupta came back in a jeepsy car without number plate. They were in plain clothes. Most of the shops were closed at that time. They looked for Trinath Dhar, but his shop was also closed and he hid himself somewhere nearby. The ‘jawans’ entered a nearby saloon named ‘Ajoy Hair Cutting’, which was still open, and started to break things and to beat people inside the shop. The reports alleged that the ‘jawans’ hurled Sumon Sheel, a worker in the saloon, through the window into a drain several feet down. He sustained severe injuries.
According to the reports, at the hue and cry people of the locality started to gather at the spot and the ‘jawans’ kept beating indiscriminately whoever they could catch including women and rickshaw pullers creating a mayhem. They also allegedly opened fire. Ten persons including Ajoy Sheel, the owner of the saloon, Sumon Sheel, a worker in the saloon, Trinath Dhar, the panwala who came out from his hiding when people gathered and Rapon Bhattacharya of Subhash Nagar were injured.
At that time the Deputy Superintendent of Police (DSP), Headquarter, Cachar and the Officer-in-Charge of Silchar police station came to the spot with a large police force and brought the situation under control. The police took the ‘jawans’ including the major and the injured to the police station. The injured were sent to the hospital for treatment. But no First Information Report (FIR) was registered.
The Assam Rifles major told the media persons that they were in an ambush there and the local people attacked them even after the ‘jawans’ revealed their identity. He claimed that Assam Rifles personnel were acting in self defence. But there is no answer to the question why Assam Rifles did not inform the local police about their operation in a thick residential area which they are bound to do.
Members of the BHRPC visited the area next day (3 August) in order to find out the facts about the incident. They encountered with an eerie silence. Witnesses refused to talk. Victims were trying to avoid the team members. Fear and terror were visible in the eyes and faces of the people of the locality. After much persuasion and guarantee of protection of identity some victims and witnesses spoke out. Their accounts corroborated each and every facts stated above.
They added that they were asked not to speak with the media and human rights groups except that the matter was ‘settled amicably’ and that they had no grievances against the Assam Rifles personnel or Assam Police members. But the grievances were so acute and deep that one of them went on to say that ‘talks of human rights have meanings only in independent democratic countries’ and out of frustration he declared that ‘India is neither independent nor democratic in actual sense of the terms’. ‘If you try to fight for your rights legally they will kill you ‘legally’’, he claimed. He went on, ‘if you file a complaint with the police the investigation will be biased and at the end of the day the accused will not be prosecuted or if prosecuted will be acquitted for lack of evidence.’ According to him, this is the best expectable situation. At the worst you will be encountered, he claimed. According to him, it is a practice of the security forces to make terrorist of a person who dares to point his fingers against them by planting arms and ammunitions at his residence and then they will kill him in a staged encounter. ‘No human rights group will be able to save him’, he declared.
The statement said, BHRPC could not persuade the terrified victims to lodge a complaint with the police regarding the incident. It reveals their lack of trust in Indian justice delivery system, which is very dangerous.
One of leading local daily news paper carried the story of ‘mutual settlement’ on 4 August. The report informed that the matter was settled in a tripartite meeting among victims, Assam Rifles personnel and officials of Assam Police held at Silchar police station on 3 August. The news paper planted a new version of the incident completely contradicting what it told the day before. More over, it did not make any reference to the earlier story by way of refutation or corrigendum or whatever may be. The paper owes an explanation to its readers and the public. All other papers kept mum on the matter.
It shows a conspiracy of silence. BHRPC thinks that there are ample grounds to conclude prima facie that the Assam Rifles, Assam Police, local media and some other local elements are in collusion with each other to protection the accused ‘jawans’ from legal consequences. In effect, rights of the victims of crimes to justice, remedies and reparation are being denied.
BHRPC concludes that the incident and the subsequent efforts to hush it up amount to vaiolations of fundamental rights laid down in Artiles 21 and 14 of the Constitution of India. Article 21 guarantees right to life and personal liberty, which includes, inter alia, right to live with human dignity, right to physical and psychological integrity and right to justice, remedies and adequate reparation in case of violations of any fundamental rights. Article 14 guarantees equality before and law and equal protection of law. The officials of the Assam Police violated this right of victims by not registering an FIR and by not initiating prosecution against the accused personnel.
The actions of the Assam Rifles personnel and officials of Assam police also violated international human rights obligation of the State of India in respect of the right to life, security of persons and property, right to physical and psychological integrity and right to justice, remedies and adequate reparation in case of violations as enshrined in the Universal Declaration of Human Rights, International Covenant of Civil and Political Rights and other instruments.
BHRPC urges administration to look into missing case
: From our Staff Reporter
SILCHAR, July 20: Barak Human Rights Protection Committee (BHRPC), a human rights organization working in Asom, is deeply concerned over the report of disappearance of two labourers Paresh Das (55) and Dilip Das (45), both residents of Nandan Kanan Tea Garden area under the Jirighat Police Station in the district of Cachar-Asom. The two went missing on May 25, 2009.
Sources said the two missing persons used to buy damaged and unused utensils and other household things made of tin, steel and iron from the villages in the districts of East Imphal and Tamenglong in Manipur and sold them in Silchar.
The two left for work early on May 25 and never returned. The family members of Paresh and Dilip as well as people residing in Nandan Kanan Tea Garden are completely disturbed with the incident. They said both the missing persons were friends and partners in their small venture.
Paresh was the only bread winner of his family consisting of his 80-year-old mother Shefali Das, wife Unmoti Das (35) and a daughter Monika Das. Similarly, Dilip had to earn for his mother, wife Himani Das (29), a sister and two sons. Now they have been left to fend for themselves.
On May 26, both the Jirighat police station in Asom and Jiribam PS in Manipur were duly informed about the incident but till date no action has been taken on the matter. Local clubs and organizations got united and met the administrative and police authorities to press them into swift action.
Getting no satisfactory response, the people called for a 36-hour bandh of the NH-53 to demonstrate on June 4. Hundreds of people from neighbouring areas supported the demonstration. According to witnesses, when these unarmed peaceful people were demanding the administration to take proper actions by shouting slogans, a large number of armed para-military personnel from 72 Field Regiment of Assam Rifles camping nearby at Lalpani entered the spot and allegedly beat the demonstrators with sticks without provocations injuring about 40 people in the process including women and children, some of whom sustained serious injuries.
According to sources, when Assam Rifles personnel were threatening to open fire, a large force of Asom police reached the spot and brought the situation under control.
BHRPC has strongly condemned the action and urged the administration to pay adequate financial aid and other assistance to the family members of the missing persons and to order a prompt and impartial investigation into the hulabaloo created by Assam Rifles personnel into the peaceful demonstration.
