Dear friends,
The Asian Human Rights Commission (AHRC) has received information from Human Rights Alert (HRA), a human rights organisation working in Imphal, Manipur regarding the illegal arrest and detention of Mr. Sapam Cha Kangleipal, a student who was engaged in organising a protest meet against the recent recruitment of Special Police Officers (SPO) in Manipur. The AHRC is informed that Sapam who was arrested on 7 May 2008 was detained till 13 May and released, only to be rearrested on fresh charges. Sapam is a student activist in Manipur.
CASE DETAILS:
Sapam was one of the organisers for a panel discussion organised by the Manipur Forward Youth Front (MFYF). The panel discussion was held on 7 May 2008, condemning the recruitment of the SPOs by the Manipur State Police. The panel discussion was attended by members of the civil society, representing a large spectrum. Participants included university professors, senior lawyers, and journalists. The discussion was held at the Manipur Press Club on 7 May 2008.
At about 7pm on the same day, the police officers from the Manipur State Police led by Officer in Charge Mr. R. K. Kohndeon surrounded the press club and arrested Sapam. (Please see photo) The arrest was executed after issuing an arrest memo. According to the memo, Sapam was charged for offences under Section 124 A of the Indian Penal Code 1861; Section 9 of the Punjab Security of State Act 1953 and Section 8(b) of the Assam Maintenance of Public Order Act, 1947
Sapam was initially detained in police custody at the lock up at Imphal-West Police Station. He was later produced before the local magistrate and was remanded to judicial custody for six days. In fact, Sapam was released from custody and from the original charges on 13 May and rearrested on the same day on additional charges framed under the National Security Act, 1980.
The Manipur State government has been recruiting special police officers under the pretext of countering insurgency activities in Manipur since early this month. The move to arm a faction of civilians and to train them to attack insurgents and counter-insurgent activities in the state is opposed by various civil society organisations and concerned individuals within and outside Manipur. The same tactic which is employed in the state of Chhattisgarh was proven unsuccessful. Several individuals who opposed the state and the atrocities committed by state agents in Chhattisgarh are being countered by charging with draconian laws in that state. One of the well known voices against SPO’s in Chhattisgarh is Dr. Binayak Sen who is currently detained in custody charged with similar offences that are now alleged against Sapam.
Local human rights organisations including HRA alleges that Sapam is an innocent student activist who has been targeted unfortunately as the first victim by the Manipur state police and administration after the recruitments of SPOs commenced in Manipur. The AHRC is not aware whether Sapam will be released in the coming days, but is concerned about his safety and security whilst in custody.
BACKGROUND INFORMATION:
In a decision made by the state cabinet early this month it was decided to recruit SPOs in Manipur in an alleged attempt to empower the ordinary citizen and to defend their rights against the atrocities committed by insurgent groups in Manipur. A recruitment drive was initiated by the state government, monitored by the state police, early this month.
The recruitment was carried out despite a large protest by civil society organisations and individuals. The opposition for the recruitment of SPOs was on the ground that arming a faction of the citizen for whatever reason it might be is not a correct move by the state government. Even if this recruitment was for counter insurgency activities it is reported that arming citizens for a state duty like counter insurgency activities, particularly where the state have failed in countering insurgency in the state is a dangerous move.
Examples from the state of Jammu and Kashmir and Chhattisgarh were quoted as adequate examples for substantiating that this is a wrong move by the state government. The civil society organisations also were concerned that the ordinary civilian armed with archive 303 rifles facing insurgents reportedly carrying automatic assault weapons would not only provoke the insurgents to attack the citizens but also would be a soft target for the insurgents in the state.
The Indian Police Act 1861, particularly Section 17 of the Act, is taken as an excuse by the state government to recruit SPOs is an ancient law which is still unfortunately available in India. This law that predates independence by 147 years was sought to be scraped and redrafted by the central government at least on three previous occasions. In fact, the law has been redrafted by the central government while recruitments based upon the same law is on the way in states like Manipur.
The AHRC and its sister concern the Asian Legal Resource Centre (ALRC) has expressed its anguish concerning the recruitment of SPO’s. The legal and practical aspect of this state act has been analysed and discussed in the ALRC statement issued on 6 May 2008. For further information please see AHRC-STM-122-2008.
SUGGESTED ACTION:
Please write to the authorities below to ensure that Sapam is released immediately from custody. The AHRC has also written to the Special Representatives to the Secretary General on human rights defenders calling for an immediate intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDIA: Please release Mr. Sapam Cha Kangleipal immediately
Name of victim: Mr. Sapam Cha Kangleipal, son of Mr. Sapam Shyamsundar, residing at Nongada Bazar Thonkhong, Implah East, Manipur
Name of alleged perpetrators: Manipur State Police led by Officer in Charge Mr. R. K. Khomdon, Imphal-West Police Station, Manipur
Date of incident: 7 May, 2008
Place of incident: Manipur Press Club, Imphal, Manipur
I am writing to express my concern regarding the arrest and detention of Mr. Sapam Cha Kangleipal who was arrested by the Manipur state police on 7 May 2008 from the Manipur Press Club premises. I am informed that Sapam was one of the organisers for a panel discussion organised by the Manipur Forward Youth Front (MFYF). The panel discussion was held on 7 May 2008, condemning the recruitment of the SPOs by the Manipur State Police. The panel discussion was attended by members of the civil society, representing a large spectrum. Participants included university professors, senior lawyers, and journalists.
I am also informed that the police officers from the Manipur State Police led by Officer in Charge Mr. R. K. Kohndeon surrounded the press club and arrested Sapam. The arrest was executed after issuing an arrest memo. According to the memo, Sapam was charged for offences under Section 124 A of the Indian Penal Code 1861; Section 9 of the Punjab Security of State Act 1953 and Section 8(b) of the Assam Maintenance of Public Order Act, 1947
I am also informed that Sapam was initially detained in police custody at the lock up at Imphal-West Police Station. He was later produced before the local magistrate and was remanded to judicial custody for six days. In fact, Sapam was released from custody and from the original charges on 13 May and rearrested on the same day on additional charges framed under the National Security Act, 1980.
I am worried about the recruiting of special police officers by the Manipur state government under the pretext of countering insurgency activities in Manipur since early this month. I am aware that this move to arm a faction of civilians and to train them to attack insurgents and counter-insurgent activities in the state is opposed by various civil society organisations and concerned individuals within and outside Manipur. I am also informed that the same tactic which is employed in the state of Chhattisgarh was proven unsuccessful.
Local human rights organisations including HRA alleges that Sapam is an innocent student activist who has been targeted unfortunately as the first victim by the Manipur state police and administration after the recruitments of SPOs commenced in Manipur.
I am informed that there has been a concern expressed by local human rights organisations about the safety of Sapam while in custody. I therefore request you to ensure that Sapam is released from custody immediately and that all charges against him are dropped. I also urge you to initiate an enquiry to find out what prompted the Manipur police to arrest Sapam, in absence of any specific charges against Sapam or his involvement in any criminal activities.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Manmohan Singh
The Prime Minister of India
Prime Minister’s Office
Room number 152, South Block
New Delhi
INDIA
Fax: +91 11 23016857
2. Mr. Okram Ibobi Singh
Chief Minister of Manipur
Chief Minister’s Secretariat
Babupara, Imphal, Manipur
INDIA
Fax: +91 385 2221817
E-mail: cmmani@hub.nic.in
3. Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi-110001
INDIA
Fax: +91 11 2334 0016
E-mail: chairnhrc@nic.in
4. Mr. L. P. Gonmei
Commissioner, Civil Secretariat
Imphal, Manipur
INDIA
Fax: +91 385 2311793
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
