05 November 2011

Mizoram Inks MoU For Two Hydel Projects

MOU MizoramAizawl, Nov 5 : An MoU for construction of two hydel projects-- 42MW Tuirial HEP and 38MW Tuirini HEP--was signed between the Mizoram government and Kolkata-based SPML Energy Ltd here today.

While chief secretary Vanhela Pachuau signed the document on behalf of Mizoram, chief finance officer Lalit Kumar Khetan signed it for the company.

Saying that the state government would do its best for fulfilment of the agreement, the chief secretary urged the company to employ as many locals as possible in the project.

Mr Khetan said his company would make efforts to turn Mizoram into a power-rich state and assured to give as much job opportunities as possible to the local people.

Price of 'Zawlaidi' To Be increased it Benefits Growers

Zawlaidi Grape wine from MizoramAizawl, Nov 5 : Mizoram Chief Minister Lal Thanhawla today said that the price of 'Zawlaidi' or grape wine produced in the north eastern part of the state would be increased if it benefitted grape growers.

Grape growers have appealed to the government to increase the price of 'Zawlaidi', he said inaugurating a State Bank of India branch at Sihphir village near here, Lal Thanhawla said that the The price of Zawlaidi' would be increased if it would be beneficial for the grape growers in Hnahlan and Champhai areas adjoining Myanmar, he said.

Grape Growers Societies in the areas, recently said that while they asked for an increase from Rs 113 per bottle by Rs 5, the state Excise Commissioner decreased the price to Rs 110.52 per bottle.

They threatened to distribute the wine bottles among the members of the society if the state government did not increase the price of the grape wine by November 10.

Lou Majaw, Others Pay Tribute To Dhruva Sarma

Lou MajawGuwahati, Nov 5 : North East's rock star Lou Majaw along with others like Rudy Wallang and Joy Barua performed at a concert organized to pay tribute to late Dhruva Sarma, the pioneer of western music in Assam, at ITA Machkhowa on Thursday evening.

The singer enchanted the packed auditorium with his charismatic style. He entertained the enthusiasts of western music with most of his hit songs and also his favourite numbers by other singers. Lou blended electronic tanpura with western guitar perfectly and sang to his favourite tunes of Bob Dylan. The audience went crazy when he started singing George Benson's 'Nothing's gonna change my love for you'.

Indian king of blues, Rudy Wallang performed to his own compositions for half an hour with Tipriti from Shillong.

"This is a night I will never forget. I will keep the memories of watching Lou in the same programme with Rudy Wallang with me always," Arnab, a young guitar player from Guwahati said.

19 students from DJ's school of western music presented Dhruva's favourite number 'Imagine' by John Lennon on the orchestra, making his colleagues emotional.

"We silently heard Dhruva da singing this song all the time. It was very close to his heart. There couldn't have been a better way to start the programme," Partha Goswami, mentor of DJ's school and one of the organizers of the musical evening said.

Joy Barua from Mumbai paid a tribute to Dhruva with Bad Company's song 'Shooting Star". He also entertained the audience with songs from his popular albums 'Tejimala' and 'Aikan Baikan'.

Bands like Voices from Shillong, Girish and The Chronicles from Sikkim, pop singer Sumon Dutta's Moonwind accompanied by her two daughters also performed in the four-hour long concert.

"The event is a proud initiative to cherish the memories of my husband. He is the guiding force behind my mission to popularize western music in Assam," Dhruva's wife Upasana, who is running DJ's school of western music in Guwahati said.

Dhruva's brother Naba Jyoti has revived Dhruva's band 'Friends' once again after the singer's death in February.

Naga Bandh in Manipur Turns Violent

manipur-bandh violentImphal, Nov 5 : The United Naga Council (UNC) sponsored three-day bandh turned violent on the first day today.

At least 10 persons, mostly women bandh supporters have been wounded while engaging in a scuffle with security forces at Noney along National Highway 37 in Tamenglong district of Manipur after three vehicles were set on fire by the agitators, on Friday.

The incident took place around 11.30 am when volunteers of UNC and All Naga Sudents’ Association, Manipur (ANSAM), enforced a 72-hour total bandh in Naga areas in Manipur protesting against a MoU signed between the State Government and Sadar Hills District Demand Committee (SHDDC) and set ablaze three goods loaded trucks and a vehicle belonging to State police commando personnel, who were escorting the trucks.

When the security personnel tried to prevent vandalism, a fight ignited with the bandh supporters. A large crowd gathered at the scene forcing the police to fire tear gas shells to disperse them. At least 10 people were injured in the police action, sources said.

The agitation, which started from last midnight, was launched by ANSAM and UNC four days after a MoU was signed between the State Government and SHDDC which suspended its 92-day- long economic blockade stir on October 31.

The furore over the agreement is largely because of the apprehension that the government is likely to concede the demand for Sadar Hills district formation. The Naga organisations are stoutly opposing the move, saying Naga areas in Sadar Hills should not be curved out to create Sadar Hills district.

04 November 2011

Irom Sharmila Solidarity Campaign Growing in India

By SYED ALI MUJTABA SYED

Irom Sharmila Solidarity Campaign

The iron lady of Manipur, Ms. Irom Sharmila Chanu of Manipur is one of the civil rights activists in India better known for her relentless campaign for the the repealing of the Armed Forces Special Powers Act.

Irom Sharmila has been on has been on hunger strike since November 2, 2000 demanding that the Indian government repeal the Armed Forces Special Powers Act 1958 (AFSPA). She has refused food and water for more than 500 weeks, making her the longest hunger striker in the world.

She caught the imagination of the nation on October 2, 2006, when she held hunger strike at the historic Jantar Mantar, New Delhi and was joined by the students, human rights activists and other concerned citizens. She was arrested by the Delhi police for attempting suicide.

Since then support to her is growing steadfastly. On June 25, 2011, a candle light solidarity prayer was held at the Rajghat New Delhi where approximately 200 people participated from all walks of life.

It is part of this growing support that Irom Sharmila Solidarity Campaign is being launched in India and under it various programmes and action are being organized through out the country.

The programmes organized under the banner 'Irom Sharmila Solidarity Campaign. have already begun from Oct 2, ( birthday of Mahatma Gandhi) across states of India and would culminate on Dec 10, 2011. As a part of this campaign a Srinagar to Imphal journey and national signature campaign is also being planned.

Armed Forces Special Powers Act (AFSPA) continues to be the most potent repressive tool of the Indian state that empowers even a non commissioned officer of the armed forces to kill on mere suspicion and provide legal immunity from prosecution, thereby causing untold misery and agony among the peoples of the affected regions.

The imposition of AFSPA is synonymous to heavy militarization in the states where it is promulgated leading to gross civil and political rights violations including enforced disappearances, extra-judicial execution, torture, inhuman and degrading treatment, rape and other forms of sexual violence against women, arbitrary arrest and detention.

Armed Forces Special Powers Act, a colonial legacy used against Mahatma Gandhi, was promulgated initially in the Naga areas of Assam (later divided between 4 states) and later in Mizoram, initially in parts of Manipur and later in all of Manipur.

The Ordinance after a brief discussion in the Parliament was endorsed and got the status of Act on August 18, 1958, despite stiff resistance from various quarters who challenged it as a martial and draconian law.

Since then it has been in force in one part or the other of the states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Tripura and Jammu and Kashmir (since 1991).

Even though continuation of the 'disturbed area' status under the AFSPA in many part of the country is illegal in view of the violation of the mandatory six monthly periodic review directed by Supreme Court in its 1997 Judgement, there is no respite from this draconian law.

This law is more draconian than its predecessor ordinance used by the British to suppress the Quit India Movement. In the pretext of controlling insurgency, this Act has only intensified the insurgency in the region and legitimised thousands of gross human rights violations like rape, torture, murder and “disappearances” of innocent people in the North East and J&K.

The democratic movements in the Northeast states of India and the Jammu and Kashmir have consistently demanded the repeal of the Act and demilitarisation for decades but their repeated plea has fallen on the deaf ears and and nothing has so far been done to check the state sponsored injustices being perpetrated.

It is in this context Irom Sharmila struggle against Armed Forces Special Powers Act, has become synonymous with the cause. It amazing to see her conviction and courage to take on the might of the Indian state.

Although Sharmila is leading the Manipur people’s movement but her popularity over the years has catapulted her to the national stage. It's her sheer grit and determination that has made her a national icon. She occupies the same space as that Anna Hazare has on corruption, Medha Patkar on Narmada Bacho and similar civil rights activists

It therefore important for all the freedom loving people who care for human rights and human values in this country to render support to 'Irom Sharmila Solidarity Campaign and make it a success.

It wont be improper to mention that Irom Sharmila is one of the faces better known to us, but she is not the only one, there are many more like her who have taken up this cause and deserve salutation.

Here one has to acknowledge the names like; Mukta Srivastava , GG Parikh, Sukla Sen, Daniel Mazgoankar, Asad, Shimanshu, Suhas Kolhekar, Simpreet Singh, Jatin Desai, Guddi S.L who have put up a brave front and has taken up this cause.

One can only wish good luck and best wishes those who are campaigning for the repealing of the Armed Forces Special Powers Act in India.

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Syed Ali Mujtaba is a journalist based in Chennai. He can be contacted at syedalimujtaba@yahoo.com

Scarcity Of Fuel Impairs Daily Life in Manipur

nation-earthquake-Oct3.qxpImphal, Nov 4 : Despite the Sadar Hills District Demand Committee (SHDDC) lifting the economic blockade in Manipur, the counter embargo imposed by the United Naga Council (UNC) on National Highways 39 and 37 has adversely affected normal life, as there has been an acute shortage of petrol and diesel in the state.

People are worried so much as they fear that the fuel stock might last just another two or three days.

Manipur has been reeling under acute fuel scarcity due to a prolonged economic blockade of more than three months.

In order to meet the demand of the fuel, the state’s Consumers Affairs and Public Distribution Department has rationed the petrol and diesel to limited and selected retail outlets in the state.

“Everyone has been affected, but the most affected are poor families like us, as we live on a daily wages for survival. Prices of every essential commodity has rocketed sky high, and we find it very costly and difficult to buy,” said Sanatomba, an auto rickshaw driver, Imphal.

The present scarcity of fuel has led the masses to purchase adulterated petrol from at exorbitant rates ranging from rupees 170 to 200 per litre.

There was utter confusion after there was a radio broadcast informing people that there is ample fuel in the state and consequently, locals queued near petrol pumps in Imphal.

“We have been badly affected as we find it very difficult in availing the daily required fuel. We are very sad by the way we are being made to suffer. As we are being made to halt for a long period causes us a lot of problem,” lamented
Malemnganbi Devi, another local resident of Imphal.

The blockade on the highways linking Manipur, where assembly elections are due early next year, was led by an ethnic tribal group of who were demanding the creation of separate district.

The Sadar Hills District Demand Committee started its agitation since August 1, seeking conversion of the Kuki-majority Sadar hills area in Naga-majority Senapati district into a full-fledged district.

PMO Sitting Over AFSPA Amendment Proposal

A tussle between the Home and Defence ministries has delayed changes in the controversial and sweeping Act

By Iftikhar Gilani

New Delhi. Nov 4 : In a ‘fake encounter’ in Pathribal in 2000, six civilians were killed by the Army after being branded as foreign militants

As Chief Minister Omar Abdullah renews the debate on the issue of withdrawal of the contentious Armed Forces Special Powers Act (AFSPA) from some selected areas, Prime Minister’s Office (PMO) is sitting on a file on a Home Ministry proposal seeking amendments in the law, which gives sweeping powers to the armed forces, for over a year.

After a tussle between the Home and Defence ministries over amending the law and failing to take a final call, the PMO is now pinning its hopes on the Supreme Court, which is expected soon to interpret Army’s Special Leave Petition (SLP), which seeks immunity from prosecution of its officers involved in a ‘fake encounter’ in Pathribal in 2000 in which six civilians were killed after being branded as foreign militants.

Interestingly, the Central Bureau of Investigation (CBI), which had found a prima facie case against the Army officers, has pleaded the Supreme Court to vacate the stay on the trial, being conducted by the Chef Judicial Magistrate of Srinagar. The civilians were shot five days after the killing of 35 Sikhs in Chatisinghpura village in Anantnag district on eve of the visit of then-US President Bill Clinton on March, 2000. CBI counsel Ashok Bhan told a two-judge bench that a prima facie case existed against Brigadier Ajay Saxena, Lt. Col Brajendra Pratap Singh, Major Sourabh Sharma, Major Amit Saxena, Sudedar Idrees Khan and others.

The Army has said in its plea that their personnel seeking immunity under Sections 6 and 7 of the AFSPA, 1958, which has been rejected by lower courts as well as Jammu and Kashmir High Court. Last year, while admitting the special leave petition (SLP) against the High Court order, the apex court also stayed proceedings at the trial court.

CBI counsel Ashok Bhan said that immunity was not available under any law when innocent persons have been in cold blood in fake encounters to win laurels and medals. Vacation of the stay order would of great public importance, address sensibilities of Kashmiris and uphold the rule of law. “Therefore, the stay should be vacated in broader public interest and allow CJM Srinagar to proceed with the case,” he added.

Last year, at the behest of Prime Minister Manmohan Singh, the Home Ministry had circulated a draft of amendments to the controversial law to the members of Cabinet Committee on Security (CCS). Countering the Home Ministry proposal, the Defence Ministry circulated its own draft note opposing any changes.

Modelled on the Armed Forces (Special Powers) Ordinance, promulgated by the colonial British government on 15 August, 1942, to suppress the Quit India Movement, the AFSPA was initially supposed to have remained in operation for one year to tackle the Nagaland problem. Parliament enacted a fresh law Jammu and Kashmir Armed Forces Special Powers Act in September 1990 to cover Jammu and Kashmir incorporating clauses of Disturbed Areas Act also in the Section 3 of JKAFSPA.

Under Section 6 of this law, “No prosecution, suit or other legal proceedings shall be instituted, except with the previous sanction of the Central government, against any person in respect of anything done or purported to be done in exercise of powers conferred by this Act.”

Amendments proposed by MHA
1. Dropping the phrase “even to causing of death” as a permissible consequence of firing, or use of force by the armed forces
2. Providing for a grievance redressal mechanism to address complaints regarding Armed Forces Special Powers Act (AFSPA) abuse.
3. Section 4 gives the Army powers to search premises and make arrests without warrants, to use force even to the extent of causing death, destroy arms/ammunition dumps, fortifications/shelters/hideouts and to stop, search and seize any vehicles. The amendment stipulates that such operations be undertaken in presence of a civilian magistrate.
4. Under Section 6, the arrested persons and seized property are to be handed over to the police with least possible delay. An amendment to this clause requires splitting search and seizure operations and seizure operations should be vested with the civilian administration.
5. Section 7 offers protection of personnel acting in good faith in their official capacity. While upholding the clause, the proposed amendment stipulates to set up a rederessal mechanism under both civilian and armed forces administration to probe genuine complaints.
6. Prosecution is permitted only after sanction of the Central government. Section 7 is similar to the Criminal Procedure Code’s (CrPC) Section 45, which bars arrest of public servants, and Section 197 provides impunity against prosecution. While the Supreme Court has mandated a government sanction prior to initiating prosecution against police personnel for excesses or killings committed during the maintenance of law and order, the applicability of Section 45 of the CrPC is not allowed in J&K, where the Ranbir Penal Code is applicable and ipso facto the personnel of the armed forces can be arrested for any perceived excesses.

Army note circulated in the Cabinet Committee on Security (CCS)
1. Section 3 of the Armed Forces Special Powers Act says the Central and state governments are the authorised institutions to declare an area disturbed implying that the political leadership should take a call first on revocation of Disturbed Areas Act before adjudicating on changes in the AFSPA. It is evident that the Army is in operation to help the civilian government in the Disturbed Area. Therefore, it is a political call to revoke the Disturbed Areas Act tag before revoking AFSPA.
2. The case of Human Rights Forum Vs Union of India and State of Manipur, filed on 10 October, 1980, in the Supreme Court clearly states that after adjudicating the AFSPA for over 18 years, the apex court had finally upheld the Constitutional validity of all the clauses of the Act. The court, at the same time, passed a series of Do's and Don'ts. The Army has been following these guidelines religiously.
3. The Army has been already following proposed amendments like handing over an Army personnel involved in an encounter to the local police and magistrate. Even in case of the latest alleged fake encounter at Machil sector in Kupwara district, the Army had informed the local police within 24 hours.
4. Section 7 of the AFSPA offers protection to security personnel acting in good faith in their official capacity, and their prosecution is permitted only after sanction of the Central government.
5. Section 4 gives the Army powers to search premises and make arrests without warrants, to use force even to the extent of causing death, destroy arms and ammunition dumps, fortifications or shelters or hideouts and to stop, search and seize any vehicle. Section 6 stipulates that arrested persons and seized property are to be handed over to the police with least possible delay.
6. Comparing this action with a situation where the Army is asked to assist the civil authority during a riot, it is not practical to look for a magistrate during an encounter or to wait for a search warrant to enter a house where the militant is likely to be hiding. Any delay would allow him to get away thereby nullifying the efforts of the Army to conduct pro-active actions.

Supreme Court Guidelines On AFSPA Issued In 1997
1. A person arrested and taken into custody in exercise of the powers under Section 4(c) of the Central Act should be handed over to the officer-in-charge of the nearest police station with least possible delay so that he can be produced before the nearest Magistrate within 24 hours of such arrest excluding the time taken for journey from the place of arrest to the court of magistrate.
2. The property or the arms, ammunition etc., seized during the course of search conducted under Section 4(d) of the Central Act must be handed over to officer-in-charge of the nearest police station together with a report of the circumstances occasioning such search and seizure.
3. The provisions of Cr.PC governing search and seizure have to be followed during the course of search and seizure conducted in exercise of the power conferred under Section 4(d) of the Central Act.
4. Section 6 of the Central Act in so far as it confers a discretion on the Central Government to grant or refuse sanction for instituting prosecution or suit or proceeding against any person in respect of anything done or purported to be done in exercise of the powers conferred by the Act does not suffer from the vice of arbitrariness. Since the order of the Central Government refusing or granting the sanction under Section 6 is subject to judicial review, the Central government shall pass an order giving reasons.
5. While exercising the power conferred under clauses (a) to (d) of Section 4, the officers of the armed forces shall strictly follow the instructions contained in the list of ‘Do’s and Don’ts” issued by the army authorities, which are binding and any disregard to the said instructions would entail suitable action under the Army Act, 1950.
6. The instructions contained in the list of ‘Do’s and Don’ts” shall be suitably amended so as to bring them in conformity with the guidelines contained in the decisions of this Court and to incorporate the safeguards that are contained in clauses (a) to (d) of Section 4 and Section 5 of the Central Act as construed and also the direction contained in the order of this Court dated 4 July, 1991, in Civil Appeal No. 2551 of 1991.
7. A complaint containing an allegation about misuse or abuse of the powers conferred under the Central Act shall be thoroughly inquired into and, if on inquiry it is found that the allegations are correct, the victim should be suitably compensated and the necessary sanction for institution of prosecution and/or suit or other proceeding should be granted under Section 6 of the Central Act.

Source:  Tehelka.com

HTF Explode Bomb On Railway Bridge in Dima Hasao



Haflong (Assam), Nov 4 :
A bomb was exploded by suspected underground Hill Tiger Force (HTF) terrorists on a railway bridge in Assam's Dima Hasao district on Thursday suspending movement of trains, official sources said.

However, no injury or casualty was reported.

The blast at around 5 pm damaged the metre gauge railway tracks near Ditackchera railway station leading to the suspension of all trains running between Lumding and Badarpur, railway officials said.

The local insurgent outfit HTF has been recently indulging in violence in the district blasting a bomb on the railway tracks between Mahur and Phiding as well as burning down several houses in Dimasa ethnic tribe villages last month.