INDIA: One more person shot dead by Imphal West District Police Commandos

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from Human Rights Alert (HRA), a human rights organisation based in Imphal, Manipur about the murder of Mr. Longjam Uttamkumar Singh who was gunned down by armed persons in civilian dress on the 29 March 2008 in Imphal, Manipur district. Following the killing, the Manipur Police Commando reportedly planted INR 150,280 (USD 3954) and one gun on the body of Mr. Longjam Uttamkumar Singh making a statement claiming he was killed in an encounter. A Joint Action Committee (JAC) has been set up to campaign for the punishment of the perpetrators of this killing.

CASE DETAILS:

Mr. Longjam Uttamkumar Singh is married and has one daughter, aged about 10 years old.  He is a Sales Executive of Modi Xerox whose office is on Airport Road, opposite the Hotel Excellency in Imphal, Manipur district.  His home address is Keishamthong Longjam Leirak, Imphal West district, Manipur.  The killing took place outside his home.

On the 29 March 2008 Uttamkumar was traveling home on his scooter and whilst he was parking the scooter, two armed personnel in civilian dress approached him and opened fire. Uttamkumar’s mother, Mrs. Longjam Ongbi Meena, saw them fire several rounds into her son’s body as he cried out that he was innocent, before falling to the ground.  She rushed towards her son but was threatened by the gunmen not to come any closer so she ran back inside the house and looked through the window towards the scene. His uncle, Mr. Longjam Gyanindro Singh, also tried to run towards Mr. Uttamkumar Singh’s body but was also threatened by the gunmen.

Mrs. Ongbi Meena and Mr. Gyanindro Singh both saw the gunmen place a gun beside the body of Mr. Uttamkumar Singh. His father, Mr. Longjam Shanti Singh, saw a Honda Activa (scooter) with registration number 4042, parked by the gate and one of the gunmen removing a plastic bag from the Honda Activa and returning towards the body of Uttamkumar.

After 2 to 3 minutes a white car arrived and parked near the Honda Activa and a man in civilian dress got out, making some gestures towards the gunmen. He then approached Uttamkumar’s body. A team of Manipur Police Commandos arrived shortly after and Mr. Shanti Singh saw the plain clothes gunmen engage in conversation with the police commandos. After 20 to 25 minutes the armed men in civilian dress left in the Honda Activa parked by the gate.

The police commandos then seized Uttamkumar’s scooter, registration number 4952, and his Nokia mobile handset and Subscriber Identity Module (SIM), number 9856164582, without adhering to the proper process of relevant paperwork, such as a seizure memo. They then allegedly planted INR 150,280 on Uttamkumar and then showed the money to Mr. Shanti Singh at the gate of the house and claimed to have found it on his son’s body.

On same day, the police made a statement claiming that Uttamkumar had been killed in an encounter and stated that they found one gun and INR 150,280 on the body. On the basis of the police commandos’ statement the Imphal Police registered a case with First Information Report (FIR) number 97(3)2008 under Sections 307 of the Indian Penal Code 1860 and under Section 25 (1-B) of the Indian Arms Act 1959.

On March 29, a JAC was formed against the killing of Uttamkumar. On March 30 the JAC submitted a memorandum to the Chief Minister of the state to demanding: immediate action and appropriate punishment of the perpetrators of the extrajudicial killing consisting of not less than suspension, within 72 hours; appropriate proof of the alleged crimes and offences of Uttamkumar Singh that caused him to be fired upon; and further informing the Chief Minister that if there is no affirmative action against the accused police commandos the JAC will be forced to take up all forms of agitation with the help of other civil organisations and individuals.

On March 30, Uttamkumar’s father Mr. Shanti Singh filed a complaint to the Officer in Charge at the Imphal Police Station. But police refused to register a case.  On March 31, Mr. Shanti Singh filed another complaint to the Superintendent of Police, Imphal West to urge for the necessary legal action. On same day Uttamkumar’s mother Mrs. Ongbi Meena also made a petition to the National Human Rights Commission by fax calling for an action in this case.

BACKGROUND INFORMATION:

Manipur is a highly militarised zone in the Northeast of India where there are a high number of extrajudicial/encounter killings reported.  In the last few decades this state has suffered from a prevalence of atrocities committed by military and paramilitary personnel.  Political, geographical and national security reasons all play a part in preventing stability in this region.

Manipur is militarised in response to armed local groups calling for independence and more rights for Manipur people.  Military personnel are supported by laws such as the Armed Forces (Special Powers) Act, 1958 that effectively provides complete impunity for law enforcement agencies.   Although the local police are not completely covered by this law they have a relationship with the military and paramilitary that has seen them being able to use increasing arbitrary and excessive force. Yet the local police are threatened and under the control of these military and armed forces including the non-state actors.

Most often persons are taken into police custody and the body is later found abandoned, so it is alarming that Uttamkumar’s case, he was killed in front of his home with a number of eye witnesses, demonstrating the level of impunity amongst the police commandos as they freely operate outside the bounds of the law.

Alleged illegal possession of arms is a frequent feature of police statements following a killing, or that the victim was shot whilst trying to escape. This enables them to avoid further enquiry. It also has a profound impact on the relatives of the victim and increases the suffering of those already in a state of shock.

Most of these killings go uninvestigated as relatives are threatened and accused of having affiliations with underground anti-national forces, preventing them from obtaining retribution.  A lack of independent investigation agencies also mean that crimes committed by law enforcement officers go unpunished as they continue to take the law into their own hands.

SUGGESTED ACTION:
Please send a letter to the authorities mentioned below expressing your concern about this case and calling for an immediate investigation in order to punish the alleged perpetrators.

Please be informed that the AHRC has written a separate letter to the Special Rapporteur on extrajudicial, summary or arbitrary executions calling for an intervention into this case.

To support this case, please click here: SEND APPEAL LETTER