INDIA: Arbitrary arrest and detention of environmental activist

Dear friends, 

The Asian Human Rights Commission (AHRC) is informed about the illegal arrest and detention of Mr. Moirangthem Ashnikumar Singh, an environmentalist and Vice-President of Thanga Elfare Committee, Secretary of Keibul Lamjao National Park Forum, on 27 April by the Bishnupur police in Bishnupur district of Manipur state. It is reported that though Ashnikumar had visited the police station upon request from the police, he was arrested without charges on the same day, kept in detention and later charged with a fabricated case under the National Security Act, 1980. His bail application has been rejected and he currently remains in custody. The AHRC is concerned about his safety because the police have already fabricated the records concerning his arrest to falsely show that Ashnikumar was arrested by the police from a different location. In the past the AHRC has noted that such fabrication of records often leads to the murder of the detainee. 

CASE DETAILS: 

On 27 April 2010 around 7:30am, a team of officers from Bishnupur Police Commando Unit arrived at Mr. Moirangthem Ashnikumar Singh’s house. The officers arrived in two vehicles. They asked Ashnikumar to go to the Bishnupur Police Station because the Superintendent of Police (SP) wanted to meet him and did not provide any reasons for this. 

Ashnikumar along with his two relatives, Mr. Basanta and Kunje, went to the station immediately. At the station they were asked to wait since the SP was not at the police station. At about 3.30pm, Basanta and Kunje were told to return home by the police whereas Ashnikumar was detained at the station. The police did not inform Ashnikumar why he was detained. 

On 28 April, the police presented Ashnikumar before the Bishnupur Chief Judicial Magistrate. The Magistrate remanded Ashnikumar to police custody for seven days. Despite requests, the police refused to provide Ashnikumar or his family the grounds of his arrest. On 4 May a team of police officers searched Ashnikumar’s house. The Sub-Divisional Police Officer (SDPO) of Bishnupur led the team. It is reported that the search revealed nothing incriminating against Ashnikumar.

Before Ashnikumar could file a bail application in court, the Executive Magistrate of Bishnupur issued an order under the National Security Act (NSA) 1980, vide order number Cril.14/NSA/DM-BPR/2010 in First Information Report (FIR) number 41(4)2010 of Bishnupur Police Station registered also under Sections 17, 20 and 40 of the Unlawful Activities (Prevention) Act, 1967 to detain Ashnikumar under the NSA. It is only then that Ashnikumar discovered that he was arrested on charges under the NSA.

The police charge alleges that the police arrested Ashnikumar from Changangei Makha Leikai of Imphal West District and that he is a member and fundraiser for an underground militant organisation. Apparently the charge is fabricated since Ashnikumar had presented himself at the police station on the day of his arrest and detention and there are witnesses to this. Ashnikumar also denies the allegation of him being associated with a militant group.

It is reported that Ashnikumar does not have any former criminal cases against him. Ashnikumar is an environmental activist and the secretary of Keibul Lamjao National Park Forum. He is also the Vice-President of a local association named Thanga Welfare Committee. He is simply a contractor having undertaken works for various government departments. Ashnikumar’s family claims that he had plans to contest in the next state assembly elections.

The NSA requires each case and charge under the NSA to be reviewed should there be a bail application by a detainee under the NSA. The lower judiciary, especially the Magistrates, have restricted authority under the NSA to release a person on bail, until a report from an Advisory Board constituted under the NSA is filed in court favoring the release of a detainee. On 24 May such a petition concerning Ashnikumar was submitted to the Chairman of the National Security Act Advisory Board. To the AHRC’s information no decision has been made on this application yet. 

BACKGROUND INFORMATION: 

The National Security Act (NSA) 1980 is considered a draconian law in India. It provides wide-ranging statutory powers to the police and allows for extended detention of persons charged under this law for periods up to one year without bail. In addition, in the current case, Ashnikumar was not informed the reason for arrest at the time of detention. Neither were his relatives informed why he was detained and which court he will be presented in front of and at what time. These are mandatory requirements under the Criminal Procedure Code, 1973 — which all law enforcement agencies must follow at the time of arrest and detention in India. These requirements in law were introduced in India after the directives issued by the Supreme Court of India in the famous D. K. Basu case. 

In addition to denying the rights of a detainee, the police have also fabricated the arrest memo. The police took Ashnikumar into custody when he presented himself at the Bishnupur Police Station on 27 April 2010. Yet in the arrest memo, it is reported that Ashnikumar was arrested from Changangei Makha Leikai. Changangei Makha Leikai is under the jurisdiction of Lamphel Police Station, Imphal West district. This is nothing but fabrication of false evidence against a person, which in itself is a crime under Sections 190, 197 and 211 of the Indian Penal Code, 1860. 

The AHRC has in the past reported widespread and arbitrary use of laws like the NSA by the state agencies. The NSA and fabricated charges under the NSA is used to indefinitely detain persons for prolonged periods of time. For further information please see: AHRC-UAU-026-2009. For further reading about misuse of powers by the state police in Manipur, please see: AHRC-STM-012-2010. 

SUGGESTED ACTION: 
Please send a letter to the authorities listed below expressing your concern about this case and calling for an investigation into both cases. The AHRC is writing a separate letter to the Working Group on Arbitrary Detention, calling for an intervention into this case. 

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