Release Irom Sharmila, Court orders
'Intention to commit suicide cannot be established, her fast not illegal'
Source: Hueiyen News Service
Imphal, August 19 2014:
In a significant judgment that could set a precedent in favour of democratic protesters across the county, the court of Sessions Judge, Manipur East today dismissed the charge that human rights activist Irom Chanu Sharmila, who has been on a fast for the last 14 years to demand repeal of the controversial Armed Forces Special Powers Act, is attempting to commit suicide and ordered the Government of Manipur to release her from custody, if not required in any other case.
The order of the Sessions Judge, Manipur East A Guneshwar Sharma has come following a petition filed by Sharmila against an earlier order passed by Chief Judicial Magistrate, Imphal East on June 4 last that charged her with attempt to commit suicide under section 309 of Indian Penal Code (IPC) .
Issuing the order, the Sessions Judge categorically stated, "In the case record, there is no material to establish that Irom Chanu Sharmila has ever stated she is/was fasting unto death except for the mere allegation contained in the FIR and chargesheet and the uncorroborated news reports...The allegation of fast unto death is a mere conjecture mentioned in the FIR and chargesheet and is not supported by any material.
Perhaps, it has been influence by general perception of her purpose of fasting in public domain and her long duration of fast for 14 years.
Surviving solely on nose feeding without taking any food for 14 years negates the very feeble presumption of 'intention of fasting unto death' since the petitioner is not refusing nose feeding" .
The most important ingredient of 'intention to commit suicide' for the offence punishable under Section 309 IPC cannot be established by the prosecution by producing sufficient materials, except for mere allegation, the court order reiterated.
The court order, the copies of which were directed to be sent to the Chief Judicial Magistrate, Imphal East, Superintendent of Manipur Central Jail and Chief Secretary of the Government of Manipur for information and necessary action, further ruled that the method adopted by Irom Chanu Sharmila is not illegal as per the decisions of Ramlila Maidam's case (supra) and Ram Sundar Dubey's case (supra) and her agitation is a political demand through a lawful means for repealing a valid statue.
Observing that from her past conduct, Sharmila may continue with the fast till her demand is met politically by the Government, the court also directed the Government to take up appropriate measures for her health and safety, such as, nose-feeding, etc, in case she decides to continue with her fast.
It may be noted here that Irom Chanu Sharmila started her fast since November 3, 2000, a day after Assam Rifles personnel killed 10 civilians including a National Child Bravery awardee in indiscriminate firing near a bus station at Malom in Imphal West district in retaliation to attack by some militants.
Currently, Sharmila is being kept confined in the security ward of the state-run Jawaharlal Nehru Institute of Medical Sciences (JNIMS) at Porompat where she is being forced fed through her nose.
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