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This is an archive article published on August 5, 2006

Endless Night

On July 11, 2004, Manorama Devi was arrested by the Assam Rifles in Imphal. She was discovered dead the next morning, sparking huge protests in the state. Two years later her family is fighting a lonely battle for justice

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Bamon Kampu Mayai Leikai is much the same 8212; the number of wood-and bamboo houses is unchanged, the families living here haven8217;t moved on. The only addition is a rough wooden table that marks the entrance to one of the houses, bearing a framed photo of a young woman. Every day, incense sticks are lit and the photo carefully wiped. Life goes on, but since two years, life hasn8217;t been very normal for the family of Thangjam Manorama Devi.

On the night of July 11, 2004, Manorama 32 was arrested by the Assam Rifles on suspicion of having insurgent links. At dawn, her bullet-riddled body was discovered a few kilometres away. While the weeks of turmoil and public outrage that followed in Manipur 8212; including the nude protest by Manipuri women in front of the AR HQ 8212; is now old news, her family is still fighting for justice.

Younger brother Dolendro 24 divides time between his dance course at the JN Manipur Dance Academy and lawyers. 8216;8216;They AR tortured her at home for about three hours and then took her away. We went to the nearest police station in the morning and registered an FIR. We then found her body 4 to 5 km away. Now, the case isn8217;t going anywhere,8217;8217; he says. Manorama8217;s mother, Khumanleima, speaks little but her tears speak volumes.

Two years after Manorama8217;s death, the case is yet to reach prosecution stage as three different sets of appeals 8212; filed by the AR, the state government and Manorama8217;s family 8212; are yet to be heard by the Gauhati High Court, and the judicial probe report submitted by the C Upendra Commission to the state government is yet to be acted upon or made public.

While the AR has maintained that Manorama was shot while trying to escape, her family alleged she had been tortured, raped and killed by the security personnel. The case lying with the Gauhati HC is till now all about who has the right to prosecute the AR 8212; the centre or the state. When the state government went ahead and instituted a judicial probe into the circumstances leading to her death, the AR filed an appeal before the HC challenging the state8217;s right to institute such a commission. When the HC observed that the state has no authority to order a judicial probe into this matter, the state moved the HC challenging its observation.

Manorama8217;s family has filed two petitions 8212; the latest on January 21, 2006 8212; also challenging the HC8217;s observation. Counsel for Manorama8217;s family, Rakesh Meihoubam says he is planning to request counsels for the other parties involved to meet and discuss speedy resolution of the issue.

On July 11, 2006, hundreds of people paid floral tribute at Manorama8217;s home in Imphal, even as her family appealed for the repeal of the Armed Forces Special Powers Act AFSPA, 1958 from Manipur, and for one brief day, the headlines remembered Manorama.

CASE FILE

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July 12, 2004: Manipur government appoints retired district 038; sessions judge C Upendra to head a probe commission

Commission summons AR personnel to depose. AR file two writ petitions on August 19, 2004 before Guwahati HC challenging state government8217;s authority to set up commission

Guwahati HC gives interim order asking probe proceedings to be held in-camera

November 22, 2004: C Upendra submits report to state govt

June 23, 2005: Guwahati HC disposes of AR petitions, observes that state has no authority to prosecute AR but says Commission report should be handed over to the Centre

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September 8, 2005: Manorama8217;s lawyers file contempt petition against centre and state for non-compliance with HC order

AR and State, too, file separate appeals against HC order

January 21, 2006: Manorama8217;s lawyers file appeal

Upendra Commission report, meanwhile, still to reach Centre

 

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