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Justice and peace seemed to have become divergent possibilities in Manipur. Each seemed possible only at the expense of the other. But this deadlock has begun to loosen, although the outcome is still far from certain. Gauhati high court has authorized the C. Upendra commission to move forward with its inquiry into the custody death of Thangjam Manorama and prepare a report. But there are important conditions. First, the commission’s findings cannot be made public without the court’s consent. Second, the Assam Rifles witnesses can be heard by the commission only at the Imphal Central Jail. The acceleration, and judicial endorsement, of the inquiry have been prompted no doubt by the latest forensic findings. The public outrage against the army’s alleged abuse of the Armed Forces (Special Powers) Act with regard to the treatment of suspected “militants” can no more be dismissed as disruptive excess.
The court’s authorization substantially qualifies the immunity granted by the AFSPA to the army or to paramilitary forces (like the Assam Rifles) under the jurisdiction of the army. By bringing the inquiry under the umbrella of the judiciary, the structure of the investigation changes significantly. For peace and justice to converge in Manipur, it is of the utmost importance that the people gain back their trust in the army and in the entire state apparatus. For this to happen, the inquiry into the alleged rape and killing of Manorama must not be confused with either the issue of whether the AFSPA should be withdrawn or the local political complications into which this issue has been taken up. That the Assam Rifles witnesses have been made to come to court more than a month after Manorama’s death, and that too under renewed pressure from the judiciary, are perhaps enough to affect the public perception of the army. The inquiry must now proceed unhindered and with the army’s full co-operation. This is the only way out of the chaos for Manipur.
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