Irom Chanu Sharmila, charged with the offence u/s 309 IPC of attempt to commit suicide by fasting since 7:15 pm of 22/01/2015 at Shamu Makhong, B.T. Road, Imphal demanding the repeal of The Armed Forces Special Power Act 1958 (AFSPA) from the state of Manipur has been acquitted of the charge and released from custody according to an order issued by Lamkhanpau Tonsing, Chief Judicial Magistrate Imphal West today. according to the argument put up by her legal counsel Advocate Momon Singh, Hunger Strike or Fasting is an accepted means of protest and agitation, both historically and legally in our constitutional jurisprudence and used as a tool to agitate issues and highlight grievances or demands by individuals, including the father of the nation, Mahatma Gandhi. According to the order issued by the CJM Imphal West, it was mentioned that in taking the fasting, rather than for taking her own life or destroying her life, the accused person appears to undertake it for the protection of her life as well as those of her people who she felt are wrongly dealt with by the powers given under the Armed Forces Special Power Act 1958 (AFSPA), whether the said approach or thinking is correct or not. Addressing the media persons inside the court complex after the verdict was announced, the Iron Lady expressed her sorrow on the lack of support for her cause and said that she expect every concerned individual in the state to join in her struggle to repeal the draconian act completely from Manipur, adding that she will continue her struggle at Shahid Minar and will not relent until her goal is achieved so that she, like the rest of the people can live a peaceful and simple life.
1 comment
All the cops want is for her to be dead. And Manipuris have no opinion one way or another. The correct verdict the only legal one was that of mistrial on the grounds that a magistrate may not lawfully give a judgement when hasn’t heard any of the evidence. If as he claims he had no right to detain Sharmila at all based on the fact that without hearing any evidence she hasn’t committed a triable offence then how does he justify his detention of her for 402 days for a charge that carried a maximum of 365 days. It is the magistrate that needs to stand trial now for culpable manslaughter in addition to abuse of office if the police get their way. And Manipur who will stand against Babloo Loitongbam’s Manipur Police Commandoes.