Joy urges House to rein in SF excesses
Source: The Sangai Express

Imphal, July 31: Expressing deep concern over the excesses committed by security forces under the immunity granted by the Armed Forces Special Powers Act, firebrand Opposition MLA O Joy today said that history will never forgive the Assembly if measures are not taken up to rein in the security personnel who are here in the first place to uphold the rule of law.

Drawing the attention of the Chief Minister, who also holds the Home portfolio, during the morning session of the Assembly today, the Opposition MLA said that the security forces deployed in Manipur are riding rough shod over the directives given by the Supreme Court.

Even the Government seems redundant against the security personnel, he observed.

Referring to various news reports published in the State dailies, O Joy said that the security forces deployed in Manipur have robbed the right of the people guaranteed under the Indian Constitution.

Going into the rights guaranteed by the Constitution of India, Joy said that Article 21 of the Constitution clearly stipulated that no man can be summarily eliminated without the due process of law and recalled that even the infamous Billa and Ranga were tried by a Court of law.

However this beautiful concept of the rule of law has been blown to smithereens by the security force here, observed Joy.

Under Article 22 (2), the Constitution also stipulates that any one arrested by the security personnel should be produced before a Court of law within 24 hours, said Joy adding that even the Armed Forces Special Powers Act under which the security force operates here has clearly laid down that anyone arrested by the para military forces should be handed over to the civil police without any delay.

Though no time limit has been mentioned in the AFSPA, it cannot be above the Constitution, said Joy and pointed out that the condition without any delay cannot exceed 24 hours.

However in Manipur, the security personnel have been violating this rule with impunity.

Citing recent examples, Joy said that Thangjam Premchand, picked up in the adjoining night of July 29 and 30 from Yaiskul, Elangbam Boby picked up on July 28 from Elangbam Leikai and Ngangom Khogen also picked up on July 28 from Kha Miabam Leikai are yet to be handed over to the police.

Even after 24 hours of their arrest, their whereabouts are still uncertain, the Opposition MLA said.

Joy further said that the security personnel did not issue any arrest memo and added that this was a clear violation of the directives issued by the Supreme Court.

The security personnel also did not divulge to which unit they belonged.

Even though AFSPA is being enforced in the State, there is absolutely no justification for the security personnel to violate the law of the land, said Joy.

Quoting extensively from the directives of the Supreme Court, Joy said that the security personnel do not have the right to subject any suspect to third degree method, have no right to interrogate anyone and if any interrogation is needed it should be done so by the civil police.

The Supreme Court has also issued the directive that the security personnel should not ill treat anyone particularly women and children.

Stating that the Constitution is supreme in India, in fact the supreme law of the land, Joy said that the conduct of the security personnel is nothing short of violating the provisions of the Constitution.

Taking at a dig at the Government, Joy said that the State Government appears as if it is functioning under the army and added for good effect that the army here have introduced a 'Super Court'.

Giving a brief reply to the motion raised by O Joy, Chief Minister O Ibobi said that the State Government has been repeatedly asking the para military forces not to exceed their briefs during the apex security co-ordination meeting held every month.

Assurances were always given by the top brass of the security forces that they would rein in their personnel, informed the Chief Minister.