DIMAPUR, JULY 9 : The Supreme Court’s assertion on Friday that the army cannot use excessive force in counter-insurgency operations in disturbed areas has been met with mixed sentiments here in Nagaland. Two parallel opinions have emerged, and both were compelling in their own ways.
On Friday, the Supreme Court had ruled that the army and the paramilitary forces cannot use "excessive and retaliatory force" during counter-insurgency operations in disturbed areas.
This has been widely reported as a “significant ruling” that represents a “setback to the centre and the army which had (over the years) argued that the Armed Forces (Special Powers) Act gives immunity to armed personnel from being persecuted by criminal courts.”
This sentiment was echoed by Rosemary Dzuvichu, advisor to the Naga Mothers’ Association. She told Eastern Mirror on Saturday that this assertion from the apex court was “very important” for Nagaland that has yet to see justice in cases of army atrocities and killings by the armed forces under AFSPA and the Disturbed Area Act.
“For decades the army has been able to get away with so much of human rights violations, but this latest stand of the Supreme Court will hopefully pave the way to bring justice for thousands of victims over the years.
"The human rights organizations and public organizations need to build on this latest view of the apex court and reopen cases of atrocities and bring facts and figure before the court. The armed forces will not be able to use the AFSPA with impunity and immunity in these disturbed areas anymore,” she said.
But Neingulo Krome from the Naga Peoples’ Movement for Human Rights (NPMHR) was not so optimistic. In 1997, the NPMHR had filed a case against the imposition of AFSPA by the government of India in the Supreme Court. Back then the apex court had ruled that the AFSPA, besides others, constitutionally valid.
On Saturday, Krome was understandably skeptic. “It’s good that the Supreme Court said that, but unfortunately it is not able to enforce its own ruling and the army always gets away doing whatever they want to do at the end of the day.” According to him, “in reality” the apex court’s ruling was “only an eyewash”. Asked if he felt the apex court should have delivered something else, Krome was unequivocal. “Yes. Repeal the Act (AFSPA) which everyone is demanding for many decades now.”
Also for Imolemba Jamir, the president of Ao Senden, the latest ruling by the Supreme Court was simply a contradiction. “As long as the AFSPA is there, it will continue to be a contradiction,” he said.
On Friday last, the Supreme Court had delivered the ruling while hearing a case on the alleged fake encounters carried out by the armed forces in Manipur. While calling the ‘indefinite AFSPA’ as a failure of the army and the central government, the apex court had ruled that more than 1500 cases of alleged fake encounters in Manipur in the last 20 years "must be investigated."
Our Imphal Correspondent
Human Rights activists and families of persons who were killed in alleged fake encounters in Manipur ‘warmly welcomed’ the Supreme Court's observation on Friday.
In its hearing, the apex court of the country reportedly observed that the army or paramilitary forces cannot use “excessive or retaliatory force” even in areas under the Armed Forces (Special Powers) Act.
Justice Madan B Lokur led bench of the Supreme Court also reportedly agreed to have an independent inquiry into 1,528 cases of extra-judicial killings in the state between 1979 and 2012.
The Court heard petitions filed by Human Rights Alert, (HRA) Manipur and Extra-judicial Execution Victim Families Association, Manipur (EEVFAM), both Manipur based rights and victim families body, which sought the setting up of a Special Investigation Team to probe the cases of alleged fake encounter killings.
HRA’s Executive Director Babloo Loitongbam, speaking to media persons here said that the move of the apex court is a welcoming step as per media reports.
“But so far we are not clear what the actual ruling of the court was. So we can comment officially only after the final verdict comes,” he said.
President of EEVFAM Renu Takhellambam when contacted said that she heard the news that Supreme Court has made an observation in connection with our cases.
Reacting to the observation of the Court, a key functionary of Human Rights Law Network in Manipur, expressed his desire to have a new justice delivery system to deliver justice the alleged fake encounter cases instead of the conventional form of justice.
The human rights activists accused the security forces of killing innocent people in fake encounters in the name of counter-insurgency operations in Manipur which is home to many armed groups. Even a lady called Irom Chanu Sharmila is on a fast-unto-death for the past 15 years, demanding repeal of the AFSPA after 10 civilians were gunned down allegedly by central security forces at an Imphal locality in November, 2000.
