While Md. Azad Khan was reading a newspaper with his friend and neighbour Kiyan Anand Singh at the veranda of their house at about 11:30 AM on March 4, 2009, some personnel of Manipur Police Commandos came rushing to their house and apprehended Khan by getting hold of both of his hands and beat him severely in the presence of his family members and neighbours. The commandos also asked Singh as to why he was there and whether he did not know that Khan was an underground activist. Parents of Khan begged with folding hands not to blame their minor son, but they did not listen to them.
The commandos then showed a gun to Singh, saying it belonged to Khan and slapped twice on his face. The commandos dragged Khan towards the northern direction for about 70 meters and fired some rounds in the air and at the same time some police and Assam Rifles personnel prevented the family and neighbours from following Khan by pointing their guns towards them and forcing them to go inside their houses. Then they dragged Khan on the barren teddy field of Md. Abdul Aziz lying adjacent north of homestead land of Khan and pushing and kicking down Khan shot him dead.
Instantaneously, the commando personnel threw a pistol near the dead body of Khan. Some of the family members and neighbours shouted not to implant a pistol to their innocent minor. After killing Khan brutally, they dragged his dead body by holding both his hands in supine position and threw the body in their vehicle. In the meantime, one police commando and one with Assam Rifles pointing their guns came inside the house of the victim and tried to drag out Md. Wahid Ali, father of the victim, and severely beat him. However, the villagers resisted their action. Then, the commandos threatened Kiyan Anand Singh for some time and he was allowed to go to his house.
On the same day at about 2 PM Md. Ashraf Ali, aged about 60 years, lodged a written report with OC Mayang Imphal Police Station stating inter alia that on March 4, 2009 at about 11:30 AM Md. Azad Khan was picked up from his house by a combined team of commandos and Army without disclosing anything and was killed at the teddy field of Md. Abdul Aziz and the dead body was taken away. However, no case has been registered by the police on the basis of the written report.
Then the villagers formed a Joint Action Committee to seek justice in the case of brutal killing of Md. Azad Khan on the same day at about 2 PM with Abdur Rahman as Secretary and proceeded to Imphal to meet the Chief Minister. But they returned from Mayang Imphal Bazar as they were prevented by Mayang Imphal Police personnel from proceeding further.
The Joint Action Committee, with the help of some Human Rights Activists in the state, asked the Imphal Bench of Guwahati High Court to issue orders in W.P. (Civil) Case No. 49 of 2009 to frame a judicial inquiry. On the orders of the High Court, a case of enquiry, vide No. 4 of 2010 was filed in the court of District Judge, Manipur West.
One of the presiding judges, S. Imocha Singh, In-charge, District Judge Manipur West, disposed the inquiry case on July 31, 2012 with an order saying:
“That, Md. Azad Khan (deceased), a minor son of Md. Wahid Ali of Phoubakchao Makha Leikai, Tumnam Leirak, PO & PS Mayang-Imphal, Imphal west district, Manipur was reading newspaper with his neighbour friend Kiyan Anand Singh on March 4, 2009 at about 11:30 AM on the veranda of their house. At about 11:30 AM a combined team of Manipur Police Commando and 21st Assam Rifles personnel had dragged out the deceased Md. Azad Khan towards the north of their house and was shot and killed by the police commando personnel. The commando personnel then implanted a pistol near the dead body of Md. Azad Khan.”
Amidst discussions at the various levels that Armed Forces Special Powers Act 1958 (AFSPA) should be withdrawn, occurrences of such horrendous incidents at regular intervals compel to believe that the draconian law has been misused and/or abused in one way or the other. It is in the fitness of things that this draconian law should be annulled forthwith. Family members and human rights activists pursuing the case of the deceased Md. Azad Khan, want justice and compensation to be paid to the mother of the deceased for illegal arrest and unjustified killing of her minor son.
[The writer is Advocate All Manipur Bar Association, Imphal]