IMPHAL, October 19: A Division Bench of Supreme Court comprising Justice Aftab Alam and Justice Ranjana Prakash Desai has today issued notice to the Union of India as well as State of Manipur in the writ petition filed by Dr. Th. Suresh Singh for the withdrawal of the AFSPA from the State of Manipur.
Advocates Mr. Jaideep Gupta, Sr Advocate and Sapam Biswajit. Reply appeared on behalf of the petitioner. The notice issued by the apex court is made returnable on or before November 5, 2012. The present petition is a public interest litigation petition on behalf of all the people of Manipur challenging the extension of disturbed area under the Armed Forces Special Power Act 1958 (in short as AFSPA) (thereafter referred as the Act) which gives excessive, arbitrary and enormous power to the Armed Forces.
The Act in this present form and the way it is being used is a brazen affront to the right to life and it sanctions impunity and protects those who are executing the same. The renewal of the declaration of the disturbed area is without applying any mind as a mechanical way in the absence of any data and only based on apprehension of the Government.
Despite the fact that the degree of violence in the State of Manipur has been comparatively decreased, the Government is renewing the declaration of disturbed area without properly reviewing the present scenario of the State of Manipur.
A committee headed by Justice B.P. Jeevan Reddy, former Judge of the Hon’ble Supreme Court has already recommended the repeal of the same and the Supreme Court directed for periodic review of the declaration of disturbed area as it has to be for limited duration of 6 months only.