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13 Assam Rifles personnel scheduled to appear in Court on Nov 25 in Extrajudicial Killing Case

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The 13 Assam Rifles personnel are scheduled to appear in court on November 25, 2024. The case is one of 39 incidents examined by the CBI (SIT) from a total of 1,528 cases of extrajudicial executions submitted to the Supreme Court by the Extrajudicial Execution Victim Families Association, Manipur and Human Rights Alert (HRA) in the petition WP(Cril.) 129 of 2012. 

TFM Report

The Chief Judicial Magistrate (CJM) of Imphal East has issued summons for 13 personnel from the 19th Assam Rifles, following charges of the extrajudicial killing ofPheiroijam Keshorjit. Keshorjit was allegedly detained and subsequently shot dead on the morning of June 21, 2005, near Seijang-Sailent, after being arrested the previous evening in Sabungkhok Khunou, Manipur.

The case is one of 39 incidents examined by the Central Bureau of Investigation’s (CBI) Special Investigation Team (SIT) from a total of 1,528 cases of extrajudicial executions submitted to the Supreme Court of India by the Extrajudicial Execution Victim Families Association, Manipur (EEVFAM), and Human Rights Alert (HRA) in the petition WP(Cril.) 129 of 2012. The CBI, upon concluding the investigation in 2021, submitted a Final Report which indicated strong evidence against the accused Assam Rifles personnel, implicating them in a conspiracy and deliberate killing of Keshorjit. However, prosecution was blocked by the Central Government’s denial of sanction under Section 6 of the Armed Forces Special Powers Act (AFSPA).

In response on November 12, 2024, EEVFAM filed a Protest Petition (Criminal Misc. Case No. 8/2022) requesting that the CJM initiate legal proceedings. On October 30, 2024, the CJM took cognizance of the case, ruling that Section 6 of AFSPA does not impede criminal proceedings against the accused personnel. The CJM further emphasized, drawing from the Supreme Court’s ruling in Naga People’s Movement for Human Rights v. Union of India, that the mere declaration of a “disturbed area” does not authorize blanket immunity for armed forces, particularly in cases of illegal detention and murder as evidenced by the CBI’s investigation.

The 13 Assam Rifles personnel are scheduled to appear in court on November 25, 2024.

EEVFAM and HRA consider this ruling pivotal, as the denial of prosecution sanctions has long hindered justice in cases involving human rights violations by security personnel in Manipur and similar regions. Additionally, in July 2024, the UN Human Rights Committee, during its fourth periodic review of India under the International Covenant on Civil and Political Rights (ICCPR), urged the Indian government to abolish the requirement for mandatory prior authorization for prosecuting security forces, citing concerns over accountability and justice.

The summons issued by the CJM stands as a significant move toward justice for extrajudicial execution victims in Manipur, providing hope for accountability in a long-standing battle against impunity.

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