Court orders release of Irom Sharmila Chanu, says 'she is not attempting to end life'

IMPHAL: In a significant judgment that could set a precedent in favor of democratic protesters across the county, a sessions court in Imphal on Tuesday ordered release of human rights activist Irom Sharmila Chanu, dismissing that she was attempting to commit suicide by way of hunger strike.
Sharmila has been on a fast for the last 13 years and demanding repeal of the controversial Armed Forces (Special Powers) Act (AFSPA).
Sharmila moved the session court (Manipur East) challenging an earlier order passed by the chief judicial magistrate (Imphal East) on June 4 that charged her under section 309 IPC (attempt to commit suicide).
READ ALSO: Irom Sharmila charged in suicide case
She is currently being forced fed through her nose at the security ward of the state-run Jawaharlal Nehru Institute of Medical Sciences (JNIMS) close to her Kongpal Kongkham Leikai residence in Imphal East district.
Noted human rights lawyer Khaidem Mani, who appeared on behalf of Sharmila, said that she was not attempting to commit suicide but protesting simply against the AFSPA. At no point of time, Sharmila attempted to end her life during her prolonged protest and hence the charge leveled against her under section 309 IPC cannot be taken into account, her advocate said.

Supporter of Irom Sharmila argues with policemen outside the Patiala court in New Delhi on monday. (TOI Photo by Piyal Bhattacharjee)
Having heard both sides, session judge A Guneshwar Sharma maintained that there is no material to establish that Sharmila has ever stated that she was fasting unto death except for the mere allegation contained in the FIR and charge sheet and the uncorroborated news reports.“Serving solely on nose feeding without taking any food for over 13 years negates the very feeble presumption of intention of fasting unto death since the petitioner is not refusing nose feeding,” said the court, while setting aside the June 4 order of the CJM. The state government may take up appropriate measure for her health and safety, such as nose feeding in case she decides to continue with her fast, ruled the sessions court. It ordered to send copies of this verdict to the CJM (Imphal East) and superintendent of Manipur central jail for information and necessary action.
The Amnesty International (AI) India has already launched a campaign across the country, seeking release of Sharmila without any condition.

File photo: Irom Sharmila with West Bengal CM Mamata Banerjee in Kolkata. (TOI Photo by Kaamlendu Bhadra)
During its recent Imphal visit, the prominent human rights group had stated that Sharmila was protesting against AFSPA in a democratic way with no intention to commit suicide and it is clear that the government had wrongly charged her. The group’s chief executive G Ananthapadmanabhan said Sharmila should not be punished for exercising her constitutional rights and should be released immediately after dropping all charges leveled against her. He said that over 16,000 people supported AI India’s campaign seeking Sharmila’s unconditional release.