Petition for the withdrawal of Section 144 of the Criminal Procedure Code and restoration of normalcy in Ukhrul District Headquarters, Manipur (India) and its surrounding areas.

To,

The Home Minister, Government of India,
Ministry of Home Affairs,
North Block, Central Secretariat New Delhi, 110001

Subject: Petition for the withdrawal of Section 144 of the Criminal Procedure Code and restoration of normalcy in Ukhrul District Headquarters, Manipur (India) and its surrounding areas.

Honorable Sir,

We are deeply concerned with the continued suspension of freedom of movement and association in and around Ukhrul town with the imposition of Section 144 of the Criminal Procedure Code (S.144 CrPC) since the 13th of July 2014. The whole of Ukhrul District Headquarters and its surrounding areas is heavily militarized with the deployment of hundreds of Manipur Police Commando (MPC) and Indian Reserved Battalion (IRB) since the unfortunate killing of Mr. Ngalangzar Malue, a member of the Autonomous District Council (ADC).

Sir, we would like to draw your attention to the facts of the events that led to the protest against the Government of Manipur (see annex I for details):

On 12th July, the local civil society organizations conducted an on the spot investigation of the killing of Mr. Ngalangzar Malue at Finch Corner, Ukhrul District, Manipur followed by assessment of the situation and subsequently communicated to Naga civil society organisations of no imminent threat of public unrest resulting from the incident.
Naga civil society organizations condemned the killing as senseless and hurting the sentiments of the people.
On 13th July (before daylight), Government of Manipur (GoM) raided the public liaison office of the National Socialist Council of Nagaland (NSCN-IM) and arrested 8 cadres who were present in the office. On the same day, Section 144 of the Indian Criminal Procedure Code (S. 144 CrPC) was imposed in the district Headquarters.
No organisation or individual has claimed the killing till date.
The GoM has been sending state armed forces wave after wave without providing any justification to the public.
Naga civil society organizations have protested against the undemocratic action of the GoM and submitted several memorandums to both the state and central authorities.

Sir, the suspension of freedom of movement and association based on the “apprehension of public nuisance and disturbance of public tranquility” is utterly baseless and arbitrary in this particular case. It amounts to penalizing the public in order to provoke them and create a volatile situation motivated by vested political interests. The civil society organizations are important institutions of any democratic society and has carried out their rightful duty in condemning the killing and assessing the situation for preemptive measures of any perceived social unrest following the incident. We are dismayed that the authorities have completely ignored the plea for restoration of normalcy and for providing substantial facts for the imposition of S.144 CrPC as required by law. This clearly proves that there exist no such circumstances under which S.144 CrPC can be imposed. Further, sending in more armed forces into the area is deepening the distrust and hurt caused by the action of the GoM which amount to waging psychological warfare against the people.

State authorities have also been trying to take the issue out of context by arguing that Manipur does not come under ceasefire coverage area signed between the Central Government and the National Socialist Council of Nagaland (NSCN-IM). However, the imposition of S.144 CrPC has no relationship with the ceasefire or the peace talks. We do not see any reason in the GoM dragging in the issue of ceasefire and peace talks in this context. The issue of peace process should be dealt with at the appropriate level in a democratic manner even if there are disagreements within the government setup. S.144 is a specific law under the Criminal Procedure Code (CrPC) of 1973 and therefore its application is specific and in accordance with the rule of law, requires providing reasonable material facts of imminent threat (that exists) to public order or tranquility. It is a tool to provide security to the general public and should not be used as a tool for repression of the general public.

Sir, the suspension of freedom of movement and association for more than a month, contrary to the fundamental rights of citizens without any justification is arbitrary and is a matter of serious concern. It is causing harm to the social, economic and mental health of the people in and around Ukhrul District Headquarters.

We the undersigned organizations and individuals appeal to your good office to intervene and uphold the fundamental rights and freedoms based on the state’s human rights obligations under national and international laws, and democratic principles and values.

We highly value your position and capacity to address the situation in Ukhrul District, Manipur in consistence with human rights and democratic principles. With this great sense of urgency, we urge your intervention to address the following demands:

Revoke Section 144 of CrPC from in and around Ukhrul District, Manipur.
Withdraw all the Manipur Police Commando (MPC) and Indian Reserved Battalion (IRB) that is stationed in and around Ukhrul District, Manipur.
Urge the Governments of Manipur to apologize to the people of Ukhrul District, Manipur for its arbitrary actions and causing social trauma.

Thank you for your kind attention!
Respectfully yours,

Naga Peoples Movement for Human Rights (NPMHR)
Asia Indigenous Peoples Pact (AIPP), Thailand
Jaringan Orang Asal Se Malaysia (JOAS), Malaysia Kirat Youth Society, Nepal
NGO- Federation of Indigenous Nationalities (NGO-FONIN), Nepal
Nepal Kirat Kulung Bhasa Sanskriti Utthan Sang, Nepal
Cambodia Indigenous Youth Association (CIYA), Cambodia
Kalipunanng MgaKatutubong Mamamayanng Pilipinas (KAMP)/ National Alliance of Indigenous
Peoples Organizations in the Philippines, Philippines
Peoples Unity Young Society, Nepal
Active Society Nepal, Nepal
Montañosa Research & Development Center, Inc. (MRDC), Philippines
Indigenous Community Support Organization (ICSO), Cambodia
African Indigenous People Network (AIPN), Africa
Foundation Batwa Rwanda, Rwanda
Cordillera Peoples Alliance (CPA), Philippines
Incomindios Switzerland
Centre for Sustainable Development in Mountainous Areas (CSDM), Vietnam
Philippine Task Force for Indigenous Peoples Rights, Philippines
Lawyers Association for Human Rights of Nepalese Indigenous Peoples (LAHURNIP), Nepal
International Work Group on Indigenous Affairs (IWGIA), Denmark
Kachin Peace Network (KPN), Myanmar
PEREMPUAN AMAN, Indonesia
TARA-Ping Pu Organization – Taiwan/China
Indigenous Knowledge and Peoples (IKAP), Thailand
International Organization for Self-Determination and Equality (IOSDE), Sweden
Cordillera Women’s Education Action Research Center (CWEARC), Philippines
Innabuyog, Alliance of Indigenous Women’s Organizations in the Cordillera Region, Philippines
BAI, National Network of Indigenous Women’s Organizations in the Philippines.

Individuals

	Name	Organization	Country
1	Thomas Jalong	Jaringan Orang Asal Se Malaysia (JOAS)	Malaysia
2	Makiko Kimura	Shimin Gaikou Centre	Japan
3	William Nicholas Gomes		United Kingdom
4	Ripan Chakma	Trinamul Unnayan Sangstha	Bangladesh
5	Romba Marannu Sombolinggi	Aliansi Masyarakat Adat Nusantara-Toraja	Indonesia
6	Sari Miettinen	Director, Incomindios Switzerland	Switzerland
7	Julius Caesar Daguitan	Secretary General, Asia Pacific Indigenous Youth Network (APIYN)	Asia
8	Marifel Macalanda	Coordinator, Cordillera Youth Center (CYC)	Philippines
9	India Reed Bowers	International Human Rights and Criminal Law Consultant

Annexure I
TIME LINE

UKHRUL UNDER CrPC 144

DATE	EVENT	RESPONSE
12/07/14	Mr. Ngalangzar Malue, ADC member was shot to death by unidentified gunmen at Finch Corner at around 11:30 a.m. which is about 22 kms away from Ukhrul Headquarter.	Tangkhul Naga Zingsho Longphang (Tangkhul Eastern Area Hoho) officials made a spot visit to Finch Corner. Emergency meeting of all Tangkhul civil society organizations led by Tangkhul Naga Long (Tangkhul Hoho, TNL) was held to review the situation.
13/07/14	Pre-dawn military operation was conducted at Ukhrul by GoM whereby 8 NSCN cadres were arrested and properties/documents were confiscated from their public liaison office. About 6 battalions of heavily armed Indian Reserve Battalion and Manipur Police Commando (Manipur state forces) were deployed in Ukhrul and S.144 CrPc was promulgated by the Deputy Commissioner (DC) Ukhrul.	TNL apprised the District Administration through a letter, to withdraw the promulgated 144 CrPc. Later, the District Administration committed to the mass-based organizations that no frisking and house-to-house raid by state forces would be allowed to take place. Impromptu sit-in-protest took place at Dungrei Junction in Ukhrul. Civil society organizations decided to launch protests through civic actions to pressurize the authorities concerned. Joining the people’s reaction against the State Government’s unwarranted move, All Naga Students Association Manipur (ANSAM) issued a press release denouncing the act of imposing S.144 CrPc.
14/07/14	More state forces sent to Ukhrul town.	A joint memorandum of TNL & other civil society organization was submitted to Governor of Manipur through DC of Ukhrul for restoration of normalcy. Poster campaign against the militarization of Ukhrul was organized by Tangkhul Katamnao Saklong (TKS) Emergency Public Meeting held at TNL hall and collective public mobilization initiative was undertaken for civic action.
15/07/14		Public mobilization against violence and militarization started by the civil society organizations.
16/07/14		Naga Women Union(NWU), the apex women organization of 16 Naga tribes in Manipur, condemns the killing of Ngalangzar and calls for the end to militarization of Ukhrul. In protest against militarization of Ukhrul town by GoM, United Naga Council (UNC), the apex organization of all the Naga tribes in Manipur, called 24 hrs Total Bandh in all Naga inhabited areas of Manipur.
17/07/14		A delegation of Naga Peoples Front (NPF) led by its President, Soso Lorho and other functionaries made a spot visit to Ukhrul to assess situation and recommended that the Legislators and party functionaries should also address the issue politically at the higher level. A public consultation meet was organized by TNL with all Tangkhul mass based organization and officials of the Naga Hoho, UNC, ANSAM, NWU. The meeting discussed on the implication of militarization of Ukhrul headquarters and the impact on the ongoing Indo-Naga Peace talk. It was decided that the issue in nature is not confined to Ukhrul alone but has a larger implication on the Nagas as a whole and the matter be dealt collectively under the banner of Naga Hoho and UNC.
18/07/14		UNC submitted a memorandum to Hon’ble Prime Minister of India apprising him of the warlike situation in Ukhrul and sought his immediate intervention. Tangkhul Scholars Association condemns the killing of Ngalangzar
19/07/14		NPMHR condemns the killing of Ngalangzar Peaceful sit-in-protests were held by womenfolk under the leadership of Tangkhul Shanao Long (TSL) in different localities of Ukhrul Headquarter. Students started wearing black ribbons as a sign of protest against the militarization and actions of the GoM.
20/07/14		An-hour public curfew between 12:30 and 1:30 PM was started daily by the public in the town.
21/07/14		Students protested through a myriad of stickers and banners during a campaign against militarization organized by the TKS.
22/07/14		Sit-in protest organized again by women wearing black wrap around worn during funerals as a mark of protest.
24/07/14		UNC called for a 48 hrs bandh on all vehicular movements on National Highway (NH) 2, NH 37 and NH 150 from midnight of 24/ 07/ 2014. Tangkhul social organizations staged a peaceful sit-in protest
25/07/14		A note by the TNL secretariat office which was endorsed by Tangkhul Naga Wungnao Long, TSL, TKS, Tangkhul Mayar Ngala Long (TMNL) condemning the killing of Ngalangzar was sent out again. The village chief of Hungpung and Hunphun (Ukhrul) submitted a joint memorandum to the DC of Ukhrul demanding the lifting of the S. 144 CrPC from the town.
26/07/14		The 8 NSCN-IM cadres who were picked by State police personnel were produced before the Chief Judicial Magistrate (CJM) court in Imphal East district remanded to police custody for 10 more days.
30/07/14		“Prayer for Just Peace” was organized under the aegis of the Ukhrul Inter Churches Forum with support from Tangkhul CSOs which was stopped by the Manipur state forces by setting up checkpoints all across the town and preventing people to attend the prayer programme. Despite all the obstructions and some scuffle between the public and armed forces the programme was held.
01/08/14		Total shut down of Ukhrul district. UNC begins imposing a 10 days ban on all construction work of national projects in Naga areas (Trans Asian Railways, Power Grid, National Hydroelectric Power Corporation) .
02/08/14	UNC Presidents’ Council Meet	The Council condemned the GoM on the present situation at Ukhrul through a press note.
03/08/14	Fasting Prayer program	Inter Churches Forum organized fasting and prayer program in all churches for normalization of the situation, and for strengthening the Indo-Naga Peace Talk.
09/08/14		People came out in large number to protest, however state armed forces stopped the public from gathering and hence the people continued their protests through sit-in protests in more than 20 places in Ukhrul. People from the neighbouring villages and also the Member of Legislative Assembly from Chandel, ST. Victor Nunghlung joined the protest.
10/08/14		UNC called for non participation in the Independence Day celebration on 15 August to be held under the aegis of Government of Manipur
15/08/14		TNL called for a total shutdown of Ukhrul on August 15(Independence Day) as part of its agitation against the Government of Manipur’s indifference to the prevailing situation in the district headquarters .