In the last decade, European jurists are using the term-Legisprudence – in order to demonstrate rational and scientific theory of law making on an interdisciplinary basis. Legisprudence shifts the focus from judge-centric theory of law to rational legislative process.

The author is taking the loan word for the first time in this discourse about the ongoing EJE[ extra judicial executions] in the seven North Eastern states of India including Manipur- the two milliennia old Asian state , presently an Indian state since 1949.

The immediate purpose is to assess the legisprudence of the much disputed AFSPA, which has been denounced by all the international NGOs, jurists, academics of the world and the UN bodies, ARC of the government of India and the prime minister’s own handpicked Justice Reddy panel.

By using the accepted basis of intelligent Legisprudence, one can fairly observe that the statute lacks all the legitimate parameters of a just and valid law, notwithstanding the arm-twisting by the defense strategists and the anti-human rights regime that the union cabinet represents.

The moment a less draconian POTA had been thrown into the dustbin of human history, the AFSPA ought to have been cast aside without much hesitation. The army has admitted on January 11 in the NHRC-sponsored seminar that it has violated human rights in the NES.

The matter of criminal and civil liability of the offenders have not been stipulated though. The immunity doctrine is yet to be cast aside. As per the IB report furnished on 22nd January last, violence has increased in the region by 27 %. Manipur dailies routinely flash out the cases of routine EJE committed in Manipur by either the state or NSAs, more particularly by splinter or marginal outfits, unlike more responsible NLM bodies which behave with more responsibilities.

The intelligent legisprudence of POTA repeal had been equally applicable to the much awaited AFSPA repeal. The parliament as a whole and more, specifically, the union cabinet did a disservice to the Indian Legisprudence which inherently embodies human rights standard setting, international and constitutional obligations and deep rooted values of Indian Justice standard.

In a sense, the exorcistic omen of AFSPA birth had proliferated insurgency like an apparently irreversible prairie fire and the fire-fighting job at this stage becomes a near impossible task without conceding generous political demands to the legitimate and internationally responsible NSAs who espouse rationalized political demands embodying national questions, compounded further by developmental issues.

For the crimes committed by terrorists who have addressed the least to political causes, the author refrains from making further issue , since the humanity as a whole stands as one man with one banner and one anthem to address the absurdity of heir their very ontology and epistemology. The redemption whatsoever could be rather late at the end of the day.

The AFSPA happens to be mother of all EJEs [Extra Judicial Executions] in the NE states including Manipur. Even the unscrupulous terrorists, let alone the legitimate NSA and liberation guerrillas which abide by the basic IHLs, resort to EJE as daily routine in Manipur.

Nobody can forecast the time when the responsible persons could be put to task. The self-evident and axiomatic statement about the AFSPA as the mother of EJE in the NES and in the country need not be reiterated .For at least two decades, the author had made it crystal clear in the mass media [ in not less than 200 insertions and publications], conferences and several books; by now every Tom Dick and Harry knows the absurdity of the AFSPA.

The officially defended EJE had infected the psyche of ordinary gun trotting criminal, a lumpen extornionist or abductor much faster than the HIV infections.

And the new IMMUNIY –IMPUNITY culture has set is own laws of justification and self-vindication. Justice K.N. Saikia commission of enquiry report tabled in December middle in Assam assembly has indicted the previous state government, particularly the AGP chief minister for the commission of state sponsored secret killings. The criminal and civil as well as political liabilities are yet to be ascertained at the moment.

After a report of a random secret killing of a citizen has been furnished by the media against the incumbent Assam chief minister, the state virtually sealed any further possibility. Certainly, a state can stop any secret killing if it chooses to do so; however, the counterinsurgency operations continue as usual.

Manipur and Indian governments can stop secret killings or EJE today itself in Manipur hills or valley. They have the manpower, intelligence network, fund, instrumentalities, normal rule of law, IPC, Cr.P.C in addition to the law less EJE statute- the AFSPA.

Unlike Assam, Manipur seems to be a district of Assam in a broad sense of the term. It is a surprise that the opposition parties have chosen cultivated silence on the ongoing EJE and secret killings of a couple of souls a day in a tiny state.

Recently, the UN has adopted the Convention regarding involuntary disappearances which as one kind of EJE. The UN special rapporteur on EJE had passed on several norms of prevention of EJE to governments including the government of India. The UN human rights committee had never failed to pass strictures against government of India on EJE.

THE LAW – STATE & NSAs

Legitimate and responsible NSA or NLM bodies ought to comply with the customary humanitarian laws- IHL, common article 3 of the 4 Geneva Conventions and Martens clause, without any prejudice to their legal status whatever. The leaders ought to put to task, offenders of the IHL and violators of the accepted customary IHL.

The governments at Delhi and in Manipur State have to abide by the laws that prevent EJE, sign, ratify and comply with the 2006 UN Convention regarding enforced disappearances in Manipur and elsewhere along with the Geneva Convention Act,1960.

As much as Assam government has constituted a commission on secret killings, Manipur government could constitute a commission to enquire into secret killings in Manipur since 1980 to start with, and at the same time to put a grinding halt to EJE with a firm political resolve.

By not repealing the AFSPA, the government of India had forgotten its commitment given to the UN to fully comply with the HR standards, before India got elected to the UN Human Rights Council in 2006 by securing 173 votes out of 191 members in the UN general assembly. The UN Human Rights Council would have to act upon India report in April, 2008.

It is wake up call for union and state government to STOP and put a grinding halt to all forms of EJE.