INDIA: A college teacher arrested and tortured in Manipur

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the case of Mr. Abujam Shidam, a college teacher in Mapipur who was arrested on fabricated charges and tortured while in custody by the Manipur State Police. The case reported by the Human Rights Alert, a local human rights organisation based in Imphal, Manipur narrates the ongoing tactics played by the law enforcement agencies in Manipur upon those who protest against the police and other para-military units stationed in that state. It is alleged that Abujam was arrested and tortured since he was criticising the law enforcement officers and their illegal activities in the State.

CASE DETAILS:

On 7 January 2008, Mr. Abujam, a lecturer teaching at Biramangol College in the Department of Political Science and also the General Secretary of Manipur People’s Party (MPP), a regional political party, was summoned to the Porompat Police Station. On receiving the instruction to report at Porompat Police Station, Abujam along with his relative Mr. Ranbir, his colleague Mr. Bimol the Youth Secretary of MPP, went to meet the Superintendent of Police Imphal East District at Porompat Police Station. A team of officers from Lamlai Police Station accompanied them to the Superintendent’s office. There, Abujam was formally arrested by the Lamlai police after issuing an arrest memo to Abujam. Ranbir was made to sign as a witness on the arrest memo. But in the arrest memo, the police mentioned that Abujam was arrested from Ayangpali Road instead of the campus of Porompat Police station.

Police registered First Information Report (FIR) [number 120(12)] against Abujam under the provisions of the Indian Penal Code, 1860, the Indian Arms Act, 1959 and the Unlawful Activities (Prevention) Act, 1967. It is reported that the offenses accused against Abujam are of such nature that if convicted he may even receive a capital punishment. It is reported that in the charge-sheet the police have accused Abujam as a suspect responsible for a bomb explosion that happened on 16 December 2007 which resulted in the death of seven persons. In fact soon after the blast, an underground organisation, the People’s Liberation Army (PLA) — Manipur, has claimed that the bomb was planted by them and that it exploded when the security forces intentionally triggered the bomb after arresting their carder.

After the explosion Abujam was one of the several persons who assisted the injured to be removed to the hospital. After the incident Abujam had also condemned the explosion in a public statement, irrespective of the persons responsible for the blast.

Few days after the incident, Abujam had taken his students for an excursion to Kolkatta. During that time, a combined team of police and army came to his house looking for him. His brother, Mr. Nanda was arrested by the officers. However he was released the next day.

When Abujam returned home, his wife, Ms. Sushila informed Abujam to meet the police to make a clarification, which he did in good faith. It is thereafter Abujam was arrested. According to Abujam’s wife the Lamlai police used to visit their house even before the December 16 bomb blast, since Abujam was not a friendly figure for the current government.

Abujam’s villagers protested against his arrest and demanded his release since the arrest was totally baseless. The villagers also demonstrated in front of the Chief Minster’s residence. According to Dr. Chandramani, the President of MPP, Abujam is remanded to police custody and will be brought again in the Magistrate’s court on 11 January 2008. He felt that the arrest seems to be politically motivated as the allegations are totally baseless.

When Abujam’s wife met him in the Porompat police lock up on 9 January 2008, Abujam informed his wife that he was tortured by the police by pouring water into his nose and mouth. He was also reportedly assaulted on his legs and is now having difficulties to walk.

BACKGROUND INFORMATION:

Manipur is a highly militarized state in the north-eastern part of India. Since several decades the state has witnessed large scale atrocities committed by the military and para-military with impunity in the state. The reason for militarisation in Manipur is attributed to the fight led by several local groups seeking among others more rights to the Manipuri people and also claiming to break away from the Indian state alleging that Manipur was forcibly annexed to India against the will of the Manipuri people.

The increased militarisation was supported by draconian laws like the Armed Forces Special Powers Act, 1958 that provided complete impunity to law enforcement agencies, to the extent that even an ordinary soldier could shoot to kill any person on suspicion. This law however does not provide the same amount of impunity to the local police. However the continuing relationship between the military and para-military force stationed in Manipur and the local police has resulted in a situation that the members of the local police, though largely Manipuris, have started resorting to using arbitrary and excessive force when it come to law enforcement. This incident is a reflection of such an attitude.

Adding to the commotion, India lack specific laws to prosecute erring law enforcement officers. For example custodial torture is yet to be made a crime in India. There are no independent agencies in India to investigate crimes committed by law enforcement agencies. As regard to the Armed Forces Special Powers Act, 1958 even the Supreme Court of India has refused to provide any remedy by failing to prevent the endless enforcement of the Act in the state. The sister concern of the AHRC, the Asian Legal Resource Centre in its publication article2 has tried to analyse the situation in Manipur and the result of the implementation of the Act in that state. For further information please see http://www.article2.org/pdf/v05n06.pdf.

SUGGESTED ACTION:
Please send a letter to the relevant authorities mentioned below urging for an immediate and thorough investigation into this case and immediate release of the victim on bail. The AHRC is also writing to the Special Representatives to the Secretary General on human rights defenders calling for an immediate intervention in this case.

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