1 September 2004

To,
Dr. Manmohan Singh
The Prime Minister of India

Subject: Grave situation in Manipur

Sir,

It is a fact that we have kept the army in the northeastern states and particularly in Manipur for many decades. The whole country is made to believe that it is not possible for us to maintain law and order or normal administration without the army. If the army is required to be kept for such a long time with such absolute powers, it necessarily means that there is no democracy and the people are bound to feel that they are helpless. In such a situation the army itself is perceived as an instrument of terror rather than that of protection of civilians.

The presence of the army for a such a long period must necessarily result in fundamental freedoms being denied to the people. In fact there is no freedom and liberty as guaranteed by the constitution in Manipur state. It is a fact of life that in the Northeast, people are not in a position to lead a free life not only because there are various groups which are fighting but also because of the army.

Therefore it is absolutely necessary for the government to consider the ways and means to withdraw the army and at the same time secure peace through various civilian and confidence building measures.

It is therefore necessary firstly to withdraw the Armed Forces Special Powers Act itself without any hesitation.

Armed Forces Special Powers Act should have been considered as a draconian law and violative of human rights the act could have been declared as ultra vires the constitution, particularly after the decision of the supreme court in the Maneka Gandhi case. It is a harsh law and unjust law and it has been used to suppress people raising their voice against the government. Just as TADA or POTA, such an act should have no place under our constitution. The supreme court was fully aware of the fact that this law was used by the government for killing innocent people, torturing innocent people and even government officials like magistrates and human rights commission members were not spared under this law. Yet the court unfortunately upheld this law by laying down certain guidelines about what the army should do or should not do. It has been demonstrated through various reports from NGOs and human rights activists that the army still continues to indulge in doing exactly the opposite of what was stated in the guidelines of the Supreme Court. It is therefore necessary that this law should be withdrawn.

It is wrong to assume that terrorism can be controlled by a terrorist law. Similarly it is wrong to assume that people's democratic aspirations can be suppressed by the army. Manipur's problem cannot be solved with the armed forces. It has to be solved democratically. Our government should decide whether they want the territory or the people. The army can only keep the territory and not the people. If the government wants the people to be with it then the government must respond to people's aspirations and desires. If they desire greater autonomy and more self rule then the government must find out ways and means to attain that.

Signed,
Justice Hosbet Suresh (Retd.Judge of Mumbai High Court)
Justice S M Daud (Retd.Judge of Mumbai High Court)
Prof. Dalip Singh (Retd. Vice Principal, Khalsa College, Mumbai)
..... and others

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