IMPHAL, August 23: The State government will be challenging the order of the District and Sessions Judge, Manipur East, A Guneshwar Sharma made on August 19 last freeing Irom Sharmila.
According to a highly reliable source, the order of the session judge is to be challenged and a petition to be filed anew before the High Court of Manipur.
The State Home department is to pray that the order of the session judge be quashed and to indict Sharmila under section 309 of the Indian Penal Code once again.
It may be mentioned that the session judge pronounced Sharmila of not contemplating suicide but rather carrying out a form of democratic protest, the judgment freed Sharmila for approximately forty hours before being re-arrested under the same section of the IPC once again.
The under secretary of the State Home department Ramthing has officially intimated the public prosecutor cum government advocate of the High Court of Manipur, namely RS Reisang to draft the petition which is to be filed to the High Court of Manipur against the judgment of the District and Sessions judge, Manipur East, a highly reliable source said.
The petition is likely to be filed on Monday when the Court is under progress.
According to legal experts, the government has to submit the petition to a higher appellate court to detain Sharmila under the same section of the IPC.
It may be mentioned that the Save Sharmila Campaign has condemned the re-arrest of Sharmila. Her arrest is shameful and undemocratic, it had said while continuing that Sharmila is the victim, and the real culprit is the AFSPA act itself. The victim is being imprisoned when the real culprit is being sidelined, according to the activist body.
However, the Porompat Police station has charged her once again of attempting to committing suicide and sought judicial custody yesterday.
The Chief Judicial Magistrate of Imphal East, A Noutenshwori has granted judicial custody for a period of 15 days.
It may be mentioned that the court of the Sessions Judge, Manipur East, A Guneshwar Sharma had heard the Criminal Revision case number 14 of 2014 with reference to criminal petition case number 53/2014 under FIR number 55 (03) 2014 Porompat Police Station under section 309. Sharmila was represented by advocate Khaidem Mani, Y Devadutta,Ibetombi and Indira and the advocates representing the State was Salam Indira Devi, additional public prosecutor.
Sharmila is also to appear before the metropolitan magistrate, Patiala House Court, New Delhi on October 30 and 31.