Coordination of Democratic Rights Organisations June 2012 For private circulation only Suggested Contribution Rs. 15 Member Organisations Killing the Talks and Faking an Encounter

Twenty two member team of four thin cover of Sal trees. Right next to where APCLC constituents of Coordination of his body lay on the ground is a termite hill. ACRA (West Bengal) Democratic Rights Organisation All around is a thin spread of Sal trees AFDR (Punjab) namely Association for Protection of giving the impression that of little cover. APDR (West Bengal) Democratic Rights, Andhra Pradesh The termite hill remains undamaged by all BMC (West Bengal) Civil Liberties Committee, Bandi the alleged exchange of fire. Where the C PD (Manipur) Mukti Committee and Peoples body lay on the ground there is a pool of CPDR (Mumbai) Union for Democratic Rights (Delhi) blood where his head and torso lay but no undertook a fact finding into the blood spot marks where his legs lay. The COHR (Manipur) alleged encounter killing of trees which ostensibly carry the bullet HRF (Andhra Pradesh) Mallojula Koteswar Rao @ Kishanji marks show no burn marks caused by LHS (Maharashtra) on 1st December, 2011. The team bullets. Indeed the contrast between the MASS (Assam) visited Sorakatta hamlet of Burisole badly damaged body of the deceased with NPMHR (Naga Areas) and Gosaibandh village of Paschim the undisturbed spot where his body lay OPDR (Andhra) Mednipur. The team spoke to the gives rise to much doubt. If there was heavy PCHR (Jammu & Kashmir) residents of the two villages, the Sub exchange of fire there would be telltale Inspector and ASI of Jamboni Police signs around. What is most intriguing is that PDF (Karnataka) Station, and visited the spot where the termite hill, barely few inches away PUCL (Chhattisgarh) the alleged encounter took place on from the body, shows no corresponding PUDR (Delhi) 24th November. damage if there was an exchange of fire and PUCR (Haryana) SPOT: The place where bullets flying all around him. Dried leaves PUCL (Jharkhand) Kishanji’s body was found is about show no sign of burn caused by sparks from PUCL (Nagpur) 300 metres from the hamlet bullet fire. Team members walked around PUCL (Rajasthan) Sorakatta of Burisole village. It is to see for themselves signs of bullet-marks barely 50 metres from the village on the trees or termite hills or other signs PUCL (Tamil Nadu) football ground and surrounded by (Continued in page 2) Soni Sori Case: Our Freedoms Are at Risk Because People’s Concerns Receive a Short Shrift at the Hands of the Judiciary Peoples Union for Democratic Rights is of the Supreme Court in the much over to the Chhattisgarh police, she would distressed at the hiatus between the sharp touted judgment on the issue of definitely be tortured. Indeed she had observations of the Supreme Court judges SPOs. pointed to the judge at the Saket district and their timid operative orders and After her arrest in Delhi, court that one member of the police team judgments. If there was any doubt over this Soni Sori had pleaded before three which had come to take her in their remand it has been laid to rest by the recent orders judges of the Saket District Court and escort her to Chhattisgarh had tortured of the apex court hearing the case of Soni when her transit remand was being her on a previous occasion. Her pleas fell Sori and the clarification offered by a bench heard, that were she to be handed on deaf ears. (Continued in page 3) A Monthly Bulletin of CDRO CDRO BulletinSend your reports to ([email protected]) 1 (Killing the Talks …..) two villagers a local quack Budhev when did they receive information but whereas some tress had cutmarks Mahato and Tarachand Tudu a 20 about the encounter, who informed not a single termite hill was damaged year old student were picked up and them as well as who wrote the FIR and no visible sign of burn or fire implicated in the same case no. 46/ since it fell in their jurisdiction. due to heavt rifle and mortar firing! 11 dated 25/11/2011 and charged According to them they received the Villagers Account: At under S 307 and other sections I.P.C. information from Additonal SP of Sorakatta hamlet we were told that At Gosaibandh, which is Jangalmahal Aloknath Rajori at two days before the incident security about 5 kms from Burisole, one night at around 10.30 pm. And it is forces movement became evident Dharmendra, third year student of the Addl SP who wrote the FIR. It is important to note that the CONTENTS investigation has been entrusted to the DSP CB-CID whereas the Killing the Talks and Faking an Encounter 1 complainant is a superior officer. Soni Sori Case: Our Freedoms Are at Risk Because This violates the basic principle of People’s Concerns Receive a Short Shrift at the natural justice that a superior officer Hands of the Judiciary 1 than the complainant officer All India Campaign against Sedition and Other investigate the crime. Repressive Laws, 16 December 2011 4 We wish to recall the Resolution of All India Convention against Sedition and nature of injuries on the body of Other Repressive Laws 6 Kishanji. There were bullet, sharp Unkept Promises and Politics of Abduction 7 cuts and burn injuries. Surprisingly Jharkhand Fact Finding: 26th to 30th March 2012 7 there was no injury marks on his The right to dissent will not be surrendered 11 shirt and pant corresponding to his Interim Report and Press Statement of CDRO Fact body parts. Finding into Mega Dams in North-East 12 Death, Insurgency and Impunity: A report on Extra- 1)Injuries on Head: 1) Right eye was hanging Judicial Executions in Tinsukia 14 The Terror of Law: UAPA and the Myth of National from the socket. 2) Lower Jaw was missing Security 21 instead there were burn CDRO Fact Finding: Saranda, Poraiyahat 24 marks. Recommendation of the Civil Society Coalition on 3) On the back side of the Human Rights in Manipur and the UN. 25 head part of skull brain Repression on Committee Against Operation Green missing. Hunt 4) At four places on the face and it picked up by 24th November geography at a local college, was there was bayonet like stab when in the morning, between 10- picked up for allegedly sheltering marks. 11 am, police personnel asked the Kishanji and the police claimed to 5) One third of the throat was villagers to stay inside their house have seized a laptop. The family said had been slash wound. and not to step out. According to the that the bag belonged to villagers during these three days of Dharmendra and there was no 2) Right Fore Arm Bone was heavy security force movement no laptop in it instead Rs20,000 was broken without the skin showing announcements were heard of any stolen and family’s ration card, any external injury. kind let alone of police asking certificates and OBC card were Kisahnji to surrender. Between 4-5 seized too. 3) The right Arm has three Bullet pm of 24th they heard loud noise Police Station Jamboni: Injury Marks. followed by sounds of bullet-fire for The team members spoke to SI 1) On both legs ankles are about 15-30 minutes. Significantly Sabyasachi Bodhak and asked him broken and the left feet was

2 CDRO Bulletin half dangling. announcerment over loud speaker of that only an independent 2) The left sole skin was any kind much less asking him to investigation for e.g. by an SIT can missing and burnt. surrender. Mr Vijay Kumar DG of help unravel the truth. 3) One third of the left hand CRPF went on record on 25th This tends to confirm our index finger was removed. November that Kishanji along with suspicion hat this appears to be a 4) There were more than 30 three others were killed in an case of custodial killing. Therefore, Bayonet like cut injuries on encounter whereas only a single we demand: front of the body. body was found! The reported 1. An independent judicial number of bullets fired said to be inquiry headed by a sitting We were unable to get the several hundred in the course of 15- or retired Supreme Court Inquest Report prepared by the 30 minute long encounter do not or High Court judge into Executive Magistrate nor could we correspond to the spot where his circumstances surrounding get the Postmortem report although body lay. Kishanji’s death. team members have read and taken The killing of Kishanji 2. Register a criminal case notes from it. Surprisingly none of took place against the background under section 302 I.P.C the above injuries were recorded of fledgling efforts to initiate talks ** except the bullet entry and exit between the state Government of injuries. West Bengal and the CPI(Maoist). Debaprasad Roychoudhury Our observations: With his death these efforts have (General Secretary APDR) Considering the extent of the been dealt a fatal blow. We cannot damage caused to the body against but wonder if this is a repeat of what C H Chandrashekhar the rather undisturbed surrounding transpired last year on July 1-2 when (General Secretary APCLC) of the spot where the body lay raises Cherukuri Rajkumar @Azad was our suspicion about the official killed in a fake encounter. Bhanu Sarkar version. The reported official We wish to point out that (Secretariat member BMS) version themselves suffer from in the context of a crime committed inconsistencies. For eg. Whereas in the area affected by armed Gautam Navlakha Chief Minister Mamta Bannerjee conflict investigation by one branch (Member PUDR) claimed that for three days a of the administration into the Kishanji and his companions were conduct of another branch, in this Kolkata encircled and they were asked to case CB-CID investigating the role 2nd December 2011 surrender, but the villagers deny of joint forces cannot be considered having heard any public impartial and unbiased. We, believe

(Soni Sori Case …..) December 2011 gave the state woman, adivasi at that, does not When her complaint of torture authorities 45 days to respond to the enjoy any premium as there is including sexual violence inflicted medical report and meanwhile greater concern for the prestige of on her was submitted before the merely shifted her to Raipur jail the state authorities engaged in the Supreme Court, the judges chose not from Jagdalpur jail in the same state. valiant game of prosecuting a war to intervene. And now when the Thus the very same against its own people in the tribal medical check-up ordered by the delinquent police force, its belt of India. The order of the court by a Kolkata hospital has personnel and associated authorities Supreme Court has also risked Soni established that stones were have got permission to incarcerate Sori’s safety further by shifting her recovered from her private parts, the her for an inordinately long period, to Raipur jail as her travel to the veracity of her charge stands a period sufficient for the state Dantewada court now entails a corroborated. Instead of taking government to threaten, brow-beat journey of 22 hours. It threatens her cognition of this and immediately and destroy Soni Sori before its already frail health, puts her in moving her to safety of a jail outside prepares its response. It appears that prolonged police custody during Chhattisgarh, the apex court on 2nd custodial rape and torture of a transit and provides the government CDRO Bulletin 3 an easy alibi to deny her access to judgment to Chhattisgarh alone and altar of “national security”. the court altogether. by maintaining scrupulous silence For those of us who In the SPO case the apex over how the Chhattisgarh state got perceive the judiciary, at least its court bench watered down, if not around the restriction by raising a higher levels, as a protector of trivialized, its original order issued new force, the Supreme Court people’s interests there is salutary on 5 July 2011 which had directed restored everything it had declared message: our freedoms are at risk the Central government to desist to be unconstitutional and thereby because people’s concerns receive from providing any funds for trivialised its own judgment and a short shrift at the hands of the supporting directly or indirectly observations. judiciary as and when the executive recruitment of SPOs and engaging The only rationale for the invokes national security. Thus, them in counter-insurgency issuing of such orders is that once radical observations and timid, if not activities and had declared that the ‘national security’ is invoked, the trivial, operative orders must be appointment of SPOs as part of Courts, even the apex Court, fall in condemned. regular police as unconstitutional. line behind the Executive. The most Thus the deployment of SPOs recent order on the deployment of Harish Dhawan, Paramjeet Singh anywhere including in J&K, North SPOs and that regarding Soni Sori’s People’s Union for Democratic East, Bihar, Jharkhand and West custodial torture show the Supreme Rights Bengal became illegal. By agreeing Court in poor light and even more to remove reference to central regrettably show it to be sacrificing 9 December 2011 government and by confining the people’s fundamental rights at the All India Campaign Against Sedition and Other Repressive Laws

A daylong meeting was convened by Gandhi Peace Foundation, Delhi. It democratic rights and human the PUCL on the 16th of December had over 40 people participating rights organisations,mass to discuss and plan the launch of an which included members from the movements, rights bodies, All Indian Campaign against PUCL state branches of Rajasthan, professionals and concerned Sedition Laws. This was a follow up Delhi, Andhra Pradesh, UP, citizens. This campaign should to the meeting held on the 7th and Haryana, Tamil Nadu and the be launched on the 31st of 8th May, 2011, in which members national executive of the PUCL January, 2011 at the Gandhi from various branches of the PUCL, along with members from and other Peace Foundation in Delhi and representatives of several democratic, human rights and (originally we had planned democratic rights organizations like people’s organisations like the 30th January Martyr’s day, but the PUDR, APDR, CPDR, CDRO, PUDR, New Socialist Initiative, due to the non availability of the APCLC, Masum, Human Rights INSAF, Human Rights Law hall, the launch has been shifted Alert, Manipur, NAPM, Network, People’s Democratic to the 31stwith a press participated and it was decided that Front of India, CDRO, Agriculture conference in Delhi on the a million signatures should be Workers Union, Karnataka, CHRI, 30th of January, 2011). collected and presented to the NAPM, Right to Food and Work 2. A Steering group would be Speaker of the Lok Sabha Campaign, Rajasthan along with formed with representatives of demanding the repeal of sec. 124A several free lance media persons different organisations which IPC and sec. 2(o) (iii) of the among others. had participated in the May and Unlawful Activities Prevention Act The decisions taken are as Dec, 2011 meetings, with state (UAPA), 1967 and other anti- follows: level coordination to be sedition laws provisions in other 1. To launch the ‘All India undertaken in different states. legislations. Campaign against Sedition and Even organisations that were The follow up meeting on other repressive Laws’ as a unable to attend the 16th December, 2011 was held at collective campaign of all 16thDecember, 2011 meetings

4 CDRO Bulletin would be invited to be part of the signature campaigns. (Proposed charges with details of Steering Committee. Gautam names Chittranjan Singh, Anil sentence; (v) whether appeal Navalakha of PUDR and Asish Gupta Chaudhary, Subhash Gatade filed and pending or decided. of CDRO undertook to contact other among others) iii. Even if it is not possible to get human rights organisations with the (c) Outreach work, especially with details of all cases described in invitation to participate. the legal fraternity. (Justice (ii) above, attempt should be 3. On behalf of the PUCL, the 4 national Sachar, Usha Ramanthan, Ravi made to collect details in as Secretaries Kavita, Mahipal Singh, Kiran Jain and others) many cases as possible. Chittaranjan Singh and Suresh would (d) A group would simultaneously iv. To sub-categorise the list of cases coordinate with PUCL state units to also begin addressing legal in (i), (ii) and (iii) above in participate in this effort. Similarly support needs with the local terms of the following other concerned individuals would organisation which would have categories of cases where also be invited to be part of the identified victims along with it sedition charges were invoked: campaign. working on the social support (a) workers’ strikes, (b) farmers’ 4. Pushkar Raj, PUCL National Secretary and rehabilitation side of the agitations, (c) dalit struggles, would continue with the coordination victims. ( Colin Gonsalves, (iv) tribal rights groups, (v) of the All India campaign along with Himanshu, N D Pancholi and minority rights issues, (vi) the support of the PUCL national others) students’ agitations (vii) rights secretaries and representatives other (e) A media group which through defenders, (viii) women’s member organization till the steering alternative and main stream movements, (ix) protests committee is formally launched. media, web based and against development projects / 5. The planning meeting for the All India otherwise, would aggressively displacement (x) others. convention will take place at Gandhi highlight this issue. ( Ajit Sahi, v. List out the background of the Peace Foundation at 4 pm on the Anand Panini and others) accused in all cases involving 9th of January, 2012 to chart out the sedition charges. strategy and plan for the January 31st, 7. The All India documentation vi. Prepare case studies of major 2012 All India launch. (Pushkar Raj, study of the use and abuse of cases involving sedition Kavita Srivastava, Mahipal Singh, sedition laws should be on the charges highlighting the details Parmajit to coordinate among others) following parameters: of (a) glaring absurdity of the 6. It was felt that the campaign must work i. State wise / District wide / Police case, (b) human interest, (c) in different groups: Station specific list of Cases political vendetta, (d) impact on (a) A group which works on the (FIRs) in which sedition families, (e) length of arrest and documentation and research side of charges u/s 124A IPC and Sec. difficulties in bail. the law. On the basis of the format 2(o)(iii) Unlawful Activities given below, information and case Prevention Act (UAPA), 1967 NOTE: PLANNING MEETING studies should be provided to this were invoked along with other FOR THE ALL INDIA committee so that a report could be criminal law sections in the last CONVENTION WILL TAKE consolidated and released on the 10 years; PLACE AT GANDHI PEACE 31st of January, 2011. ( Proposed ii. Description of status of each of FOUNDATION ON THE names Pushkar Raj, V. Suresh and the cases listed above in terms 9thJanuary, 2011 (Monday) from 4 Gautam Navlakha, Venkatesh to of (a) still pending pm to 6 pm. coordinate with others) investigation; (b) whether a (b) A group will coordinate the public charge sheet has been filed, if We are, education campaign on the subject so what are the charges; (c) Pushkar Raj, V. Suresh, Mahipal with students, farmers, workers, status of trial, and number of Singh, Chittranjan Singh, Kavita tribals, dalits, minority groups and years pending; (iv) if trial Srivastava other human rights workers and concluded, whether the accused members of other organizations, is/are convicted for offence u/s New Delhi through public meetings and 124A IPC and UAPA, and other 26th January, 2011

CDRO Bulletin 5 Resolution of All India Convention against Sedition and Other Repressive Laws

An all India convention was held in Delhi on 31 January 2012 against the law on sedition to launch an all India campaign against it. The following resolution was adopted at the Convention:

The convention notes with serious the repeal of S 124 A of the IPC and dropping 2(o) from the UAPA as well concern that the law used by the as similar provisions from state level laws. British Raj to suppress the Freedom In view of the documented reports from all over India about the Movement remains part of our use of the sedition law and in light of the fact that this law is absolutely statutes. Its egregious use against all incompatible with democracy, we, the participating human rights forms of dissent and protest organisations, as also concerned citizens across the country including including peasant activists, teachers and academics, independent professionals from the media, medical environmental movement, women, community, lawyers, students, social movement activists and other grass dalits, adivasis, minorities highlights roots social and political activists demand that the Indian parliament how the laws on Sedition [in Section immediately take necessary steps to repeal sedition law in sec. 124A IPC 124 A of the Indian Penal Code as and dropping 2 (o) from the UAPA as well as similar provisions from the well as in other Laws in operation state level laws. such as S 2(O) of the Unlawful All the constituents members have been campaigning against Activities (Prevention) Act or in any draconian laws such as AFSPA, UAPA and others and shall continue to state level laws such as Criminal campaign for their repeal. As a consequence of repeal of sedition (S 124 A Law Amendment Act or its IPC, S 2 (o) of UAPA 1967 and Prevention of Seditious Meetings Act equivalent] strike at the heart of 1911 and other similar laws), all persons facing prosecution for offences democracy by curbing freedom of made under these provisions/laws should forthwith be dropped and those expression, assembly and languishing in prisons should immediately be released. association and thus undermine The convention declares the launch of an all India campaign constitutional democracy. In the against sedition and other repressive laws. name of curbing ‘disaffection’ towards the government or New Delhi ‘disloyalty’ to the Indian State, S. 31 January 2012 124 A of the IPC threatens to imprison a person for life, whether such disaffection, hatred or PARTICIPANT ORGANISATIONS: contempt is created by words spoken 1. People’s Union for Civil Liberties (PUCL) or written or by signs or visible 2. People’s Union for Democratic Rights (PUDR) Delhi representation. The convention is 3. Association for Protection of Democratic Rights (APDR) (WB) convinced that it is the legitimate 4. Committee for Protection of Democratic Rights Mumbai (CPDR) right of every citizen to express his 5. Human Rights Alert (Manipur) or her opinion, expose the misdeeds 6. National Alliance of People’s Movements (NAPM) and anti-people policies of the 7. New Socialist Initiative government or to even disapprove 8. Indian Social Action Forum (INSAF) of, express disaffection, question 9. Human Rights Law Network (HRLN) and condemn the present system, 10. People’s Democratic Front of India (PDFI) and even vent out opinions which 11. Agriculture Workers Union (Karnataka) call for transforming State and 12. CHRI Society. The convention considers 13. Peoples Union for Civil Rights (PUCR) (Haryana) respect for difference of opinion, 14. Asansol Civil Liberties Association (WB) perspective or view as being a vital 15. Coordination for Human Rights (COHR) (Manipur) part of our struggle for strengthening 16. Campaign for Peace and Democracy (Manipur) democracy. We, therefore, call for 6 CDRO Bulletin Unkept Promises and Politics of Abduction

PUDR expresses concern at the them to imprison their ideas. The were released the issues disappeared abduction of the two Italian sheer fact of banning them denies from our consideration. No one, nationals by the CPI (Maoist) in them any opportunity to work any including PUDR, followed this Kandamahal-Ganjam region of other way then clandestinely. issue. Rehabilitation of 12,000 Orissa on March 14. However, a Although abduction of civilians is persons displaced since 1970s or larger issue is raised by this act of prohibited by the Geneva incarceration of 600 plus tribals in abduction namely how even a wrong Convention by belligerents, what crowded jails for demanding method can expose a legitimate has gone unnoticed is the abductions restoration of their land ought to concern of people desperately trying by the Indian agencies such as the have been a matter of utmost to get their just demands fulfilled by 40 enforced disappearances from concern. a government which has reneged on Jangalmahal in West Bengal. While PUDR urges the CPI an agreement reached with the one wrong does not justify another, (Maoist) to ensure the well-being of mediators last year, which saw the the point is that policy of the Indian their captives. We appeal to the state release of the district collector of Government together with the state government of Odisha to at least Malkangiri. Then as now the governments is meant to ride now fulfill their commitments, and question of rehabilitation of tribal roughshod over every legitimate also halt the joint forces operations peasantry displaced by water works demand of the people even those to pave the way for a democratic in 1970s, or return of land to tribals they have officially committed solution. Also our appeal to the civil dispossessed of their land, release through an agreement. Conceding liberty groups, political parties as of 600 plus activists of Chasi Mulia any demand of the people runs well as the media to focus on the Adivasi Sangathan (CMAS) fighting counter to the government fighting legitimate demands in order to bring for the lands forcibly acquired from a war of subjugation of its own this incident to a mutually them among others has not been people. satisfactory closure. implemented. PUDR also feel that civil The incarceration of the liberties organisations, media, social Paramjeet Singh and Preeti Chauhan Maoists in jails for years on end by activists and political parties have Secretaries (PUDR) foisting multiple cases against each contributed to this state of affair. Just or their re-arrest no sooner as they as past three previous abductions 21st March 2012 have been given bail, has been the found issues marginalised and way rule of law has worked against forgotten, no sooner the hostages

Jharkhand Fact Finding: 26th to 30th March 2012

A 17 member team of civil liberties the past. Jharkhand has been in news against anti-people development and democratic rights organisations for both peoples’ struggle against policies. The cases that were from Andhra Pradesh, Delhi, water, forest and land grab, and investigated highlight the lopsided Manipur, UP, Uttarakhand, operation green hunt. There has been development policy, in the wake of Maharashtra, Jharkhand visited 3 a proliferation of security forces, which a number of issues get districts Latehar, Garhwa and police pickets, CRPF base camps, highlighted. Palamau from March 25th to 29th specifically in places where people’s The team did an on-the- 2012 to investigate some recent struggles are growing. This is only spot investigation of ten cases, of cases of violations as well as do a indicative of the forms in which state which some are as briefly described follow up of some of the cases from is trying to suppress mass struggles below:

CDRO Bulletin 7 1. Case of Sanjay Prasad, injuries. Bullet marks can even land ownership were fabricated Barwadih market, Latehar: today be spotted in the house in the name of Pandey for land Just as we were leaving to visit and call for justice remains on which the annual rent was the spot of the first fact finding, unheard. Since she died at the regularly being paid by the rural the father and brother of one hands of the police she was poor since long. A total of 115 Sanjay Prasad came to meet us entitled to 5 lakh rupees as ex- acres in Homea and 338 acres to narrate what had just befallen gratia payment and a job, but in Baligarh had already been him. He was called by the the promise still remains transferred in this way, leaving police on the 21st of March as unfulfilled as the family has got the poor owners, who had part of some ongoing only one lakh rupees till date. struggled for almost 25 years investigation. For four days he As far as the guilty police for this very land, in the lurch. remained in custody while officers are concerned, no Villagers also added that Phullu police claimed he was left the action has been taken. Not even Pandey was responsible for a very first day. 2 days later he the FIR could be prepared number of rape cases in the was shown arrested from a against the victim’s complaint. village but not in a single forest area between Mandal and instance was punitive action Chemu Sanya. On 26th morning 3. Case of Lucas Minj, ever taken against him. Thanks when the press reported of his Navarnago village, Latehar: to the changed balance of disappearance, the police said Lucas Minj, a deaf and dumb power following the arrival of that they have arrested Sanjay resident of the Navarnago corporate companies and police and charged him of being a village, was shot in cold blood andparamilitary Maoist and planting a bomb by the CRPF on 1st February reinforcements,10,000 villagers somewhere between Mandal 2012, while he was out with his in the area now face the threat and Chemu Sanya. The cattle for grazing and failed to of life, livelihood and security. important thing to note is that respond to the police’s no bomb explosion in this area questions. His body was found 5. Case of Ramdas Minj and Fida occurred in 2012 at all. by the villagers at Dhol Parwala Hussain, Garhwa District: On in Koel river after five days of 21st of January 2012, Ramdas 2. Case of Jasinta Devi, Laadi his killing. No compensation Minj, the adivasi mukhiya, and village, Latehar: After an has reached the family till date. Fida Hussain, a fakir, of Bargad encounter between the Maoists And no action has been taken Village of Garhwa district were and the CRPF in Laadi village against the police personnel. taken into police custody along of Latehar district on 27th April with 3 others on being accused 2010, the CRPF in their post- 4. Baligarh and Homea Villages, of serving food to some operations search, alleged the Garhwa: In Baligarh and Maoists. On the same day, the Maoists to be hiding in Jasinta Homea village was witnessed a villagers had held a peaceful Devi’s house. The CRPF matter of land grab involving protest against the construction threatened to set the house on corporates like Essar and Jindal of a Health Sub Centre (Up fire if the occupants didn’t step with the connivance of feudal Swaasthya Kendra) in their out immediately. Jasinta Devi elements. It was found that Ram Gram Panchayat at a site used requested the police to allow Narayan Pandey alias Phullu by them for selling forest her to fetch the old charwaha Pandey and some others had produce. People from Tehri, who was then in the backyard surreptitiously sold tribal and Bargad, Paraswaar, also a few of the house. As she moved dalit land to these corporate neighbouring villages from towards the main door along houses in the past one year, Chattisgarh use this market. Just with the charwaha, Jasinta devi, including Bhoodan land which when these 5 villagers were at mother of three, was shot down cannot legally be sold or the police station, a landmine and the charwaha suffered purchased. Fake documents of blast was triggered by Maoists

8 CDRO Bulletin at Bhandaria. Now, the police 7. Case of Rajendra Yadav, Police Birju Oraon was caught at accused the five who were Station Chhatarpur, Chhatwa Karam by the CRPF already in their custody of Palamau: Rajendra Prasad was while he was returning from a diverting their attention through picked up from his house early family ceremony in February the peaceful protest so as the morning on December 30, 2009 2012. He was beaten up by the help the Maoists trigger the by the police and beaten to police, and all his fingers blast. They were beaten black death at the then SP’s residence. chipped, apparently with a and blue. Three were later let The reason for having targeted cable-cutter, for no rhyme or go, while Ramdas Minj and him is not clear even today, and reason. Later when the issue Fida Hussain still languish in prolonged investigations by received media attention, he prison under very serious higher police officials have was compensated in the charges. This, we found, was a yielded no result. Meanwhile, presence of local journalists glaring instance of how popular Rajendra’s widow has, after with a sack of grain by the struggles of the rural poor are consistent struggle, been police, itself an act of admission suppressed under the garb of compensated with a job, but the that the wrong had been done. fighting the Maoists. administration still refuses to Subsequently, when the news of even admit the guilt of the this incident spread, the police 6. Case of Kutku-Mandal dam, police personnel and senior forced Birju to state at a press Sanya village, Garhwa officer, let alone punish them. conference that he could not District: Sanya happens to be Instead, the family and friends have recognized the assailants the native village of Nilambar of the deceased are subject to as he was drunk at that time. and Pitambar, the legendary intimidation, and obstructions heroes of Jharkhand who posed when they gather each The fact-finding team became martyrs in the struggles year to commemorate his death found that in recent years a number for land that they led against the in public. of cases of indiscriminate killings by British. Today it is one of the the police and the CRPF had come 32 villages which are threatened 8. Case of Behra-taand to light, and there was no progress with submergence and 13 near Saryu pahad, Latehar: till date in terms of justice to the others which are considered On 6th February 2012, 9 people victims and the affected families. It adversely affected by the including Gram pradhan Beefa shows how impunity prevails in this Kutku-Mandal dam project. Paraihiya from Behra-taand area, which in the eyes of the public The terms of compensation in village were picked up and tends to reduce a number of officials lieu of rehabilitation of the tortured by the CRPF, as a result from the plethora of security oustees were framed on the of which the pradhan had his agencies to the likes of mere anti- basis of a survey conducted right eye injured. They were social elements. several decades ago. Over the beaten up following the In the course of our rural years, the original settlers have unsubstantiated charge of investigation, we could have an multiplied many times over. Yet having served food to some unscheduled meeting with a squad only a few of the families tilling Maoists. It became clear that it of the CPI (Maoist). We got to know the land today are considered took mere suspicion on the part their version of the dire situation in entitled for compensation. of the police to cause bodily Jharkhand, the details of which we Rehabilitation has been offered harm to villagers as long as the shall share in our final report. at Marda, an area known to be operations continued against Nevertheless, we would like to draw most unfit for cultivation. This the Maoists. attention here towards the issue of happens to be one of the most government-sponsored militant severely affected areas targeted 9. Case of Birju Oraon, Murgidih groups [TPC, JPC, PLFI, JJMP, JLT, by the repressive campaigns of village, Latehar: In Murgidih etc.] who are in reality sheltered by the CRPF and the state police. village, a young man named the police, but are passed off as

CDRO Bulletin 9 naxal groups, thus giving the false the like. Another problem that they become a lawless force under the impression that it is an internecine are now facing is that their fertile cover of Operation Greenhunt, even fight between the naxalites. This land which used to yield two crops as hardly any punitive action would seems to be the new form in which a year is now yielding only one be taken against them for the crimes Salwa-Judum like operations are because of the decrease in the they may have committed. being conducted by the police in natural flow of water as well as It is important to note that Jharkhand. According to the CPI ground water, due to the partial cases that we investigated appeared (Maoist), these are vigilante forces construction of the concrete to be only the tip of the iceberg. being employed not only to structure of the dam. There was an unfathomable demand annihilate them, but also to hold The team believes that a from people in village after village naxalites responsible for anti-social number of rights which the people to investigate atrocities and excesses activities sponsored by the police should be entitled of, by virtue of by the security forces. Unfortunately themselves. It is interesting as an the Chhota Nagpur Tenancy (CNT) the team, bound by the limitations observation that the use of CLA and Santhal Pargana Tenancy (SPT) of time and resources, felt at a loss 1908 and Unlawful Activities Acts, and Wilkinson’s rule, have to take up the innumerable cases. So Prevention Act (UAPA) has enabled been ignored by the government. even though this fact finding is just the government to treat Naxalites or And now, with the state a random sample of incidents, they Maoists as ordinary criminals, government’s move, backed by the are surely representative of a general whereas notwithstanding the Centre, to amend the CNT Act, it is phenomenon. Even worse, the strategy and tactic they may employ, only going to take away the land follow up of a few old cases showed they remain at the head of a political rights of adivasis which they had that it was a hugely difficult and movement. won after long years of struggle. The uphill task for people to get justice. While we are pleased that more recently enacted Forest Rights People with large the CPI (Maoist) showed the Act was also not been enforced, thus landholdings, traders/contractors willingness to meet and interact with depriving the people of their legally and large corporations seem to be us, it was rather unfortunate that the sanctioned right of ownership of thriving under the protection senior police administration, when land and resources. This applied to provided by forces such as CRPF approached, did not show much the areas that faced the threat of which operates virtually as a lawless interest in meeting and interacting submergence due to the dam project force. We are concerned that the with us. as well as those where land had been problems are being compounded for In the course of our surreptitiously been sold to Jindal the people by a variety of policies investigations the underlying reality and Essar, as in Baligarh and initiated by the government, both by of various issues also emerged. One Homea. Nowhere have the village centre and state. These are instances was regarding the manner in which committees that are supposed to be which point to where things are the Integrated Action Plan (IAP) was constituted under the Forest Rights headed, apart from the concerns of being implemented, the other being Act been formed till now. Individual people which have been ignored for about the threat of submergence and collective rights of the all these decades. which hundreds of villagers faced community have been completely We now find a situation due to the Kudku dam project. The ignored. where the presence and proliferation problem in Sanya village is that Investigations of the above of pickets and CRPF base camps, although the project has de facto cases also highlight how peoples’ some of them housed in schools & been stalled, yet for government struggles over issues of land colleges, is turning these districts agencies, the project still remains alienation, are suppressed by into a full-fledged war zone. There effective. The 32 affected villages implicating these people into various is a palpable fear among people that are thus no more beneficiaries of any false cases. Accusing people of they will come under attack from of the government’s welfare being Maoist or supporters of the this huge deployment of force programs, such as aanganwaadi, Maoists comes in handy for this very amidst them when they go out for schools, primary health centers and purpose. The police seemed to have collection of mahua, tendu patta and

10 CDRO Bulletin other minor forest produce, which d) Forest Rights Act which provides individual and collective rights will affect both an important source to forest dwellers should be implemented of their livelihood as well as a very e) People’s opposition to various projects both pub and in the corporate essential part of their way of life. sector should be looked afresh in order to that people’s opposition to them is given due priority that it deserves. It is therefore, we demand: f) All instances of CRPF & police brutality should be duly investigated a) Operation green hunt should be into and action be taken immediately against the guilty personnel. stopped forthwith. b) CRPF should be withdrawn from Coordination of Democratic Rights Organisations these areas. c) CNT Act should not be amended. 30th March 2012

The Right to Dissent Will Not be Surrendered

Condemn the attack on democratic Eventually, the police arrested six aftermath has revealed the true rights activists by TMC goons and APDR members, including Ms. colours of the present government Kolkata Police. Drop the false Rangta Munshi, the assistant in West Bengal. After brutally charges and immediately release all secretary of the organisation. This evicting hundreds of families anti-eviction and democratic rights attack and arrests seem to be in line belonging to the poorest sections of activists. Punish the guilty with the draconian and illegal ban society in order to hand the land over policemen and TMC thugs. declared by the state government on to real estate barons, the government CDRO strongly and all protests regarding the Nonadanga is now going after anti-eviction unequivocally condemns the attack eviction issue. activists with a chilling single- on APDR members protesting Incidentally, the seven anti- minded focus. against the Nonadanga slum eviction arrestees were not produced CDRO notes with concern demolition and the arbitrary arrest in court today as scheduled. They the worsening democratic rights of anti-eviction activists. were sent to 14 days jail custody in situation in West Bengal, where Today, members and absentia. While there is no shred of dissent in all form is under attack in supporters of Association for the evidence to corroborate the West Bengal, not just by assaults and Protection of Democratic Rights accusations against them, the state arrests, but also through illegal (APDR) had gathered at JD Park in is using the time-tested trick of crack-downs on strikes and the South Kolkata, to take out a protest crying ‘Maoist’ to distract attention censoring of newspapers in rally and proceed to the nearby from the substantive issues and to government-aided public libraries. Alipore court where the arrested subvert the due process of law. It CDRO demands: activists were to be produced. has also been reported that the state * The immediate and unconditional Despite following due process of government is trying to implicate release of all arrested activists applying for permission, the police two of the activists on old cases and the withdrawal of false stopped them from taking out a rally. pertaining to the Nandigram anti- charges against them To make matters worse, a large land acquisition movement. This is * That the Nonadanga eviction group of TMC hooligans also doubly shocking, given that the drive be stopped and the descended on the spot, led by Mr Nandigram movement was one of demolished slum be rebuilt with Madan Mitra, the state transport the crucial stepping stones in proper facilities in the same minister. At Mr. Mitra’s instigation, Mamata Banerjee and her party’s spot the TMC goon squad physically journey to power. * That the guilty Kolkata Police attacked the APDR activists, The Nonadanga slum officials and TMC goons be encouraged by the police. demolition in Kolkata and its prosecuted

CDRO Bulletin 11 * An independent / judicial enquiry * That the fundamental right of the people to dissent, protest and assembly be initiated against the minister, must be respected, restored and guaranteed by the state government. Mr Madan Mitra, regarding his role in the assault on democratic Asish Gupta & Kranthi Chaitanya rights activists and criminal Coordinators, CDRO proceedings started against him 12 April 2012

Interim Report and Press Statement of CDRO Fact Finding into Mega Dams in North-East

Coordination of Democratic Rights about demographic transformation of forest land would also get Organisation, comprising of 20 civil with the influx from outside submerged and wildlife habitat. and democratic rights organisations threatening their way of life and Lower stream the impact would be from across India decided to further militarisation of the region. even worse since fear of river undertake a fact finding into the The team split into two drying, fluctuation in water flow, impact of big/mega dam projects groups; one headed towards upper likely increase in deposit of sand coming up in the North Eastern Assam and another towards over presently cultivable land, states on the life and livelihood of Tipaimukh dam site. The first team destruction of aquatic life which the people. Reportedly more than visited North Lakhimpur, Dhimaji in destroy livelihood of 39 lakh 168 MoUs/MoAs have been signed Assam and Pasighat in Arunachal fisherfolk, not to forget river by the Arunachal Pradesh Pradesh covering Lower Subansiri, transportation. The man-made flood government alone. CDRO believes Lower Siang and also downstream created by 405 MW Ranganadi dam that such projects, be they so called area of Lohit and Dibang river on 14th June 2008 was repeatedly Run of the River or Storage dams, projects in Tinsukhia district. The referred to by people to remind us affect not only people whose land second team visited Tipaimukh of the possible damage that can be will get submerged upstream but project which would affect people caused to life and livelihood by also people living in the downstream living in Manipur, Mizoram and natural or man-made flood. The area. We also believe that affected Assam. difference between peak and lean people comprise those whose life Given below are highlights flow, according to people, is such and livelihood is intricately linked of what people felt would be the that likelihood of flash flood with the river beyond, since water consequence of the projects on their increases manifold. flow will impact agriculture, life and livelihood: The nature of protest fisheries, river transportation. currently in form of four month long Construction of concrete dams in a I. FIRST TEAM REPORT: blockade of vehicular traffic high seismic zone with sedimentary 1. Lower Subansiri is allegedly a carrying construction or other rock is in itself a mark of utter Run of the River project with storage equipment meant for the dam, is a irresponsibility. Besides, natural capacity which would submerge 70 clear sign of collective resistance. floods carry sediments while man- sq kms upstream. The 2000 MW made flood through construction of project is being constructed for 2. Lower Siang is again allegedly a dam brings sand which destroys NHPC by Larsen and Toubro and Run of the River project with storage cultivable land. Also worth noting Soma when fully constructed will capacity which would submerge and is that the seven North Eastern states have a height of 115 metres. While restrict habitation in upto 106 kms. are plagued by multiple problems officially only 31 families would be Apart from this at height upto one born of neglect, discrimination and displaced according to Walter km has been declared as no-man’s exploitation of resources Fernandes, no less than 700 families land and reserved for compensatory accompanied by fear of the people would be affected. About 3436 ha forestation for the company. The

12 CDRO Bulletin 2700 MW project was awarded to area is once again that their life and Zeliangrong tribes) will be Jaiprakash Industries. Siang’s Adi livelihood would be adversely displaced. Most of these figures community considers the river as affected. We do wish to point out were disputed by people and sacred and fears that 35 villages that the anti-dam movement is still activists of organizations working in would be affected. Thus their in its infancy in these parts. But the area because effects of the dam community land which is cultivable the fear is palpable. on the people, land and environment and rich in flora and fauna would of the down-stream areas have not be wiped out. . IN 34 villages ninety 4. Demwe Lower Hydro-electric been evaluated by the government percent of people have affirmed Project has been given to Athena agencies. through signature their opposition to Demwe Power Ltd. and is said to There has been a the dam. They fear that their culture be Run of the River project to simmering of resistance to the and people face annihilation. It is generate 1750 MW and will proposed project. Some people this that drove them to protest the submerge 26 square kms of land to perceive it as not only a dam but also construction of dam recently. And make way for a reservoir. 1416 (One a threat to their material existence fear mixed with anger remains thousand four hundred sixteen) ha and life, culture and history. There strong among people here. of forest would also be lost in the has been recently some rallies, as Lower stream people, process. Its height is 163.12 metres. the cycle rally by the Village Women especially Mishing community, Public hearing was confined to an Coordination Committee on the 19 reside along the river bank. They area of 5 kms below the dam site. Feb Sangaithal area, (Imphal), along with others who live in the One of the fallout of this project Jointly organized demonstrations(as plains downstream apprehend that would be the damage caused to the 14th mar 2012 event at Nungba their livelihood would be wiped out Dibru Saikhowa bio-diversity area Bazar, Tamenglong )) etc. And the since river flow would both impact as well as other bio-sphere reserve resentment is gathering momentum. cultivation as well as fishery on in Assam. The statutory Public which most of the people depend. While people speak in Hearings, for the project, has been downstream area about the fraught with problems and there has 3. Lower Dibang is a 3000 MW consequence of the Lohit project on been a great deal of dissatisfaction storage dam of NHPC with a height their land and livelihood it is yet to over the way these have been of 288 metres which submerge 45 take an organised expression. manipulated. The public hearings kms upstream wiping out 30 started in the year 2004 (Darlawn, villages. This will affect nearly 50% II. SECOND TEAM REPORT Mizoram) and continued of Idu-Mishmi community and their 1. The proposed Tipaimukh sporadically till the last one at community land. If the argument of project conceived in 1970s and is Tipaimukh on the 31st march 2008. development and employment being currently implemented by People at Tipaimiukh, have told us opportunities do get created by this NHPC, Satluj Jal Vidyut Nigam categorically they were not heard project then considering the skilled (SJVN) and Govt. of Manipur, and what was the decision of the and qualified people among the Idu- despite serious opinions of the Public Hearing, they said, had Mishmi they stand to lose. We are people to the contrary. It will already been taken by the officials told that this generates the fear that submerge around 25,822.22 who had come. There has been a people from other parts of India hectares of land ONLY in Manipur protest against Public Hearing also would garner the maximum benefit. apart from Mizoram. The project is (Kaimai, Tamenglong district March This will also nullify whatever going to destroy at least 7.8 mn full 2008). protection is offered by the grown trees and bamboo bushes. It What we have listed above Constitution. The agitation since will be 162 mtrs in height and is is only a small sample of the impact 2006 has ensured that 11 times supposed to produce 1500 MW of of the dam on life and livelihood of public hearing has had to be electricity. 12 villages with a the people both upstream and postponed. population of 557 families /2027 ST downstream. The fact of the matter The fear in the downstream people (of the Hmar and is that nearly every river will have

CDRO Bulletin 13 several dams each; Lohit basin will maximum numbers of the projects have been awarded to private companies. have 10 dams, Subansiri basin 12, Most of the projects lack Impact Assessment Studies. Indeed some which Dibang basin 12, Siang basin 39, claim to have got this study done are confined to between 5 to 10 kms. Kaming basin 43. These figures can Siang river project indeed claims that no agricultural land would be go up were all data made public by submerged whereas nearly every household in 35 villages would lose their the Arunachal government. To build cultivable land! The misinformation by the authorities is accompanied by so many dams in an area which is deliberate attempt to hide the truth from the people by manipulating studies. earthquake prone carries incalculable risk for all living We demand: beings. Suspend construction activities until the cumulative impact study of the Each MoA is accompanied entire north east, which involves engagement with the people who will by monetary advance by project get affected by construction of these dams. developer to the Arunachal Pradesh government at the time of signing 24th April 2012 the deal. This implies that the project gets sanctioned even before any of the mandatory reports and The fact finding was conducted by following organisations: clearances is given. This makes the entire 1. Asansol Civil Rights Association (West Bengal) scheme of building projects which 2. Coordination for Human Rights (Manipur) will destroy the Brahmaputra and 3. Manab Adhikar Sangram Samiti (Assam) Barak basin and also Surma and 4. Naga Peoples Movement for Human Rights (Naga Areas) Kushiara valley in Bangladesh a 5. Organisation for Protection of Democratic Rights (Andhra colonial project meant to benefit rest Pradesh) of India at the expense of North East. 6. Peoples Union For Democratic Rights (Delhi) It is also of interest to note that

Death, Insurgency and Impunity A report on Extra-Judicial Executions in Tinsukia, Assam (2011-2012)

Background of the Incident

On December 26, 2011 Mr. Siva Lileswar Moran mentions that he because he was excessively worried Moran (24) a resident of Dighalihati thought nothing of the matter when but because he had a lot of papers village, near Makum police station he came home later in the evening to examine. He was also a little in Assam’s Tinsukia district, left his and did not see his son there. His concerned about his son, Siva, who home to visit friends in nearby son often called when he was late, was still not picking up the phone. Makum at around 3.30 p.m. His he said. He tried his number a few He called one last time before falling father, Mr. Lileswar Moran, saw him times before dinner but no one was asleep and did not get any response. with some friends near a petrol picking up the phone on the other He called again at about 7.50 a.m. pump in town at around 4.00 p.m. side. Again, Mr. Moran did not think on the morning of December 27, The two did not speak, as it was anything was amiss and went back 2011 and this time, someone picked another of those mundane meetings to correcting the papers he had up the phone and rudely asked him that did not seem to warrant brought home from the school where who he was. When Mr. Moran said excessive displays of emotion and he teaches. that he was the father of the boy who conversation. Speaking to the Mr. Lileswar Moran went owned the phone, the person on the members of the fact-finding team, to sleep at around midnight, not other end identified himself as a

14 CDRO Bulletin policeman from Tinsukia and said police station to see what was going the so-called encounter near Noa- that Mr. Moran ought to contact the on. Dehing. The Indian army had even Namsai police station for further There, he says, he saw the registered a case against the details about his son. bullet ridden and tortured bodies of deceased. Namsai is not far from the three boys. Janak’s motorcycle Makum but is situated inside the – one that he had saved money to Profiles of the Deceased state of Arunachal Pradesh. Fearing buy – was parked near the station. the worst, Mr. Moran called the The police said that the army had Mr. Dhiraj Duara : Upon entering Namsai station and asked if there acted on intelligence inputs and had Mr. Nirmal Duara’s courtyard, the had been any violent activity around laid an ambush for the three men first thing one notices is a half-built the area overnight. He was told that who were travelling on the construction. The bare roof looks there were no actions that had taken motorcycle near the Noa-Dehing out into the upper Assam sky and an place. However, Mr. Moran’s elder Bridge. Sidhanta Moran says that he orange orchard that is the family’s son soon came rushing in and said cannot forget the image of the source of earning. Mr. Duara said that local television channels were bloodied bodies laid out in front of that his son, Dhiraj, hardly ever left flashing news of an encounter near them. Janak’s foot was broken and the house. When he did, it was to Namsai, where they quoted sources his body was covered in blood. Siva play volleyball and football with from Indian security agencies saying had his lips split open and his eyes other friends in Number 3, Old that three youth had been killed in were badly damaged. The families Motapung village. His wife, Ms. an encounter near Noa-Dehing by then brought the bodies back to Mohiti Duara, was unable to shake the 26 Maratha Light Infantry Makum, where they were then laid off the stunned look on her face, stationed inside Arunachal Pradesh. out in front of the police station. The when talking about their deceased Acting upon the sketchy information families refused to accept the bodies son. She mentioned that he was provided by the local media, and were soon joined in protest by looking for a job and had been Lileswar Moran sent his other son several social and political thinking of registering for the try- and his friends to see what had organisations in the district. outs to join the Central Reserve happened in Namsai. Representatives of the All Police Force (CRPF). Dhiraj used That night, two other boys Assam Moran Students Union to sell the oranges from their small from the neighbourhood did not (AAMSU), who met with members orchard in the neighbouring market return home and their families were of the fact-finding team, spoke freely and when needed, he would work as just as worried as Lileswar Moran. and at length about the dubious and a daily wage labourer in the vicinity. Mr. Janak Moran (21), Siva’s cousin questionable extra-judicial The ward member of and a young man who had recently executions that had been going on Number 3, Old Motapung village – eloped with his girlfriend and his in the district all through 2011. They Mr. Shiben Chetia – walked in while neighbour, Dhiraj Duara (21), a claimed that sections of the police the team was sitting around the young man who made a living by and army personnel were involved courtyard of the Duaras’ house. He selling oranges from his orchard, in using unemployed Assamese men categorically stated that Dhiraj had had not returned home the previous as informers. Once these men had never shown any interest in political night. Their families were unsure of served their purpose, they were then matters and that he had had no what had happened since they did killed and their deaths subsequently connections with any armed group, not have a television in their homes. dressed up and made to look as or with any political individual in the They too heard what they presumed though an encounter had taken area. Dhiraj’s friend and co-worker, to be unsubstantiated rumours about place. In death, the deceased were Mr. Tilaka Duara, was distraught an encounter and sent their labelled, as activists of the United that the house they had begun representatives to Namsai. Mr. Liberation Front of Assam (ULFA) building would not see fruition. He Sidhanta Moran (22), related to both and arms would invariably be insisted that his cousin and fellow Siva and Janak, was among the recovered from the dead. The same daily wage earner was a hard young men who had gone to Namsai script was applied in the case of the working person, fond of sport and three young men who were killed in absolutely innocent of the charges

CDRO Bulletin 15 leveled against him by the army. He company with any of them, except and wife thought that he was out demanded answers from the for some police officers in Makum, visiting his in-laws in Pahargaon, administration, since they had to where his brother was in training to Namsai. However, he never went to account for the death of someone join the police force. His mother, his in-laws. Instead, his cousin who did not even have a charge of who was still in shock and has Sidhanta, had to pick up his blood theft in the local police station. difficulty in hearing, said that he smeared and broken body from the Other neighbours of the deceased, hardly ever left the house for very Namsai police station. Ms. Xorumai Duara and Ms. Keteki long. When he did, he would return There seems to be a pattern Duara, also spoke glowingly about by the evening and stay home. Even to the killings, even as family his fondness for an unembellished the gaonburah from his village, Mr. members and friends try and come life and how he was always polite Madhab Chetia, denied that Siva to terms with the randomness of the with elders. was involved with any organisation, deaths. Tinsukia town itself is a saying that in such matters, it was stone’s throw from the Chabua base Mr. Siva Moran : Siva’s father, Mr. obvious that the family and local of the Indian Air Force and the Lileswar Moran, had been an villagers would be aware. However, Dinjan army camp. It is also home anxious father for a long time. His in the case of Siva, Janak and Dhiraj, to many young men Family member son, Siva, was involved in a youthful it was uniformly agreed that these of Janak Moran and women who transgression that brought him under young men were absolutely have joined the United Liberation the police’s radar. After his innocent. Front of Assam (ULFA). Some matriculation, Siva left his home to among them surrendered in the go and work in Bangalore. In doing Mr. Janak Moran : Janak’s life 1990s and this process was so, he had joined the thousands of seemed to be looking up. He had encouraged by the military, as well youth who leave their villages in the recently bought a motorcycle with as the civilian administration. It is region and head to Indian his meagre savings and had eloped alleged that many of the surrendered metropolises for work. His father with his girlfriend, Ms. Mainu activists were later coerced into said that he had worked for a Gohain, whose parents live in acting against their former company, doing various odd jobs for Pahargaon, near Namsai. Janak did comrades. The local media and two years. He returned to Makum not have any formal education and media practitioners claim that there with plans to return to Bangalore at was a daily wage earner, who also are many instances where army some point in the future. He did not fished in the neighbouring streams personnel have targeted individual have a regular job and his past and ox-bow lakes in order to ULFA members, or sympathisers. misdemeanours did not seem to supplement the family’s income and By doing so, they hoped to be able bother him much, as he grew livelihood. Mr. Sidhanta Moran, his to have access to all the money that friendly with the local police. His cousin, choked down tears, as he ULFA was supposed to have elder brother had been accepted into explained how the two of them lived collected from local the reserve battalion, so Siva had an a carefree life. They had fished and businesspersons in the district. It is easy, affable relationship with played volleyball, and Sidhanta was therefore important to have an personnel based in the Makum P.S. quick to add that if it were not for understanding of just how the In fact, the local police confirmed fishing, most families in the area district was constructed and why it that he was an easy-going young would have had to live a dismal life. seems to be perpetually under a state man, who did not have the slightest Janak and Sidhanta bartered their of militarisation. tendency to indulge in violence, or fish with the traders who took it to even politics. Makum and in this way, they were A Brief Note on the History of His father believes that able to save some money for petty Tinsukia Siva was unfortunate enough to be expenses. caught in the nebulous politics that On the day that he was The very name ‘Tinsukia’ (tini ot tin involved sections of the police, army killed, he had just taken his means three and suk means corner) and some surrendered former motorcycle out to Makum town and is nowhere found mentioned in the militants. Siva did not keep when he did not return, his parents ancient or medieval historical

16 CDRO Bulletin sources. This area was known as AD. The Ahoms were subsequently necessary for upkeep of the Ahom Bengmara and prior to it as able to establish a kingdom that was state. According to the Tungkhungia ‘Changmai Pathar’. It is said that the to last almost for six hundred years. Buranji (Bhuyan 1960), the forests name ‘Tinsukia’ originated on the The Morans and the Barahis of this area contained many valuable eve of the British colonial rule, in inhabiting the present areas of the trees like Hollong, Tita sapa, Poma, early 19th century, when the first Tinsukia district were the first Uriam, Som, etc.. It was also a very king of the Matak (also written as inhabitants with whom the Ahoms important source of elephants that Muttack by some) kingdom established close ties that were were required for various purposes Sarbananda Singha dug a tank (that sanctified with matrimonial including that of war by the state. was three cornered) to use its soil relations. The Moran ruler The Morans had a khel named Hati for building fortification for the Badaucha had his capital at Kakatal, chungi that had experts in capturing capital in the beginning of the identified by many with present-day and training elephants after which nineteenth century. It is said that the Kakopather, while the Barahis with they were supplied to the Ahom king in one of his visits to the tank Members of fact finding team at royal household. saw a dead frog from which incident the house of late Janak Moran It is in connection with the the place came to be known as their ruler Thakumtha had their supply of allegedly poor quality ‘Bengmara’ (Beng meaning frog). headqurters at Tipam. Many Morans elephant to one over bearing Ahom Subsequently, Tinsukia derived its and Barahis also served the Ahom official – the Barbarua (positioned name from the triangular tank. state in various official capacities. like a Chief Secretary) Kirti Chandra However, it was after the After the annexation of the Chutiya that an altercation ensued in reaction establishment of the Tinsukia kingdom, the extent of the Ahom to the punishment meted out to the Railway station in 1884 as part of state extended till the frontier tracts suppliers Nahar Khora and Ragha the Dibru-Sadiya Railway that the of Sadiya. A Sadiya Khowa Gohain in 1769. This coupled with the town came to be known more was appointed (1523) to administer discontentment accrued to religious popularly as Tinsukia. the newly acquired territory. Thus persecution by the Ahom monarchy The ancient history of the the Tinsukia area became a core and subsequently led to what became area encompassed by what we know an important part of the Ahom popularly known as the Moamaria today as the Tinsukia district kingdom. rebellion in Assam. It was a long remains largely obscure though Spread of neo-Vaishnavite struggle as the rebellion took the there is every possibility of there movement in the area took place shape of a civil war and continued being a pre-historic habitation in the under the Kala Samhati the most from 1769 to 1805 with intervals in area. In fact, this area contained the popular as well as radical amongst between. The Ahom royalty had to historic route used by many the four orders of the Vaisnava faith abandon their capital Rangpur and mongoloid peoples migrating to the in Assam. The Moamariya (also set up a new capital at Jorhat while Brahmaputra valley from the east. referred to as Mayamara Satra) Satra the rebels were able to put their own According to some Bodo-Kachari Gosain was able to unite almost the nominees on the throne at Rangpur legends they ruled this area. entire inhabitants of the Tinsukia for brief periods. The hotbed of this However, it is still a matter of area. Later on, religious differences rebellion was the present Tinsukia speculation as to whether this area between the Ahom royalty and the and Dibrugarh districts. The Ahom was part of the Kamrup state, though Mataks (as the followers of the state used a heavy hand and tried in all likelihood, Tinsukia formed Moamaria satra became popularly every means to put down the part of the Saumarpitha [one of the known as) led to conflicts and rebellion, but the spirit of the rebels four blocks (pithas) into which that helped in political polarization and appeared indomitable as they ancient kingdom of Assam was the latter. The Morans however continued their struggle at times with divided into]. continued to maintain their identity sticks, bamboo spears, bows and The Morans and the amongst the followers of the arrows and even sekoni (whips), Barahis inhabited this area at the Moamaria faith. while remaining always ready to time of advent of the Ahoms in For a very long time the make the supreme sacrifice. Assam during the thirteenth century Tinsukia area provided resources Subsequently, the Ahom state had to

CDRO Bulletin 17 take the help of the East India (then under the Lakhimpur district) among the local Assamese Company to regain their kingdom. economically very important. population. Finally, an agreement was reached Imperial forces also led to large- In the heydays of the between the Matak royalty and the scale immigration of people from all radical movement led by ULFA, Ahom king, whereby the Ahoms over, so much so that most of the many industries were forced to pay recognized the Matak kingdom and indigenous people who were caught some form of taxes to the gave recognition to their ruler as Bar unawares by this historical organisation. Things came to a head Senapati. eventuality were pushed to the in 1990, when executives of the Dissensions within the fringes of the industrial-urbanisation Hindustan Level Ltd, owned Ahom ruling class led to two political economy. It unleashed new plantations in Doom Dooma were Burmese invasions in 1817 and forces, as there were the underlying airlifted from their plantations to 1819 ushering in a period of untold forces of integration and alienation Calcutta by the army and air force. misery for the people of Assam. It at work. The company cited security reasons finally led to the Anglo-Burmese Many in Tinsukia and it was evident that they had the war that culminated in the Treaty of participated in the freedom struggle support of higher authorities, since Yandaboo in 1826, whereby Assam with full vigour as national leaders they had bypassed the local became a part of the British Indian like M.K. Gandhi and J.L. Nehru government in Assam. Following Empire. David Scott, the Agent of also paid their visit to the area. such a move, the government was the Governor-General had However, independence of India in compelled to assuage the planters by recommended a special status to the 1947 did not change the setting up a militia called the Assam Matak, Singpho and Khamti leaders. colonialimperial fundamentals as Tea Plantation Protection Force In fact, the Matak kingdom was the same policies were followed by (ATPPF), who were supposed to allowed to be ruled by the Bar the post-colonial state. Meanwhile, look after the life and limb of the Senapati on certain conditions that reaction to this reality has also taken executives. It is of extreme were modified from time to time to various forms. importance to note that the ATPPF suit the British interests. The Matak were not mandated to protect the kingdom was finally annexed to the Resource Curse and Contemporary thousands of workers. Instead, they British dominion in 1839. Politics in Tinsukia were used as personal security This annexation, which guards of the managers and there allowed greater imperial control of Political scientist, Sanjib Baruah, have been documented cases where the area, might have also been says that Tinsukia is a place they fired upon workers protesting influenced by the discovery of tea “…where ULFA’s thesis that natural for a minimum wage (MASS 2000). plants in Sadiya in 1823 and very resources are being sucked out to the Over time, the tea industry became soon tea plantation was started at rest of India in a classic colonial a veritable enclave for the workers. Chabua near Tinsukia. In 1876 coal relationship is more plausible” Outside the precincts of the tea was discovered at Ledo and in 1882 (Baruah 2007: 47). Tea, oil and gas plantations, the army, who had been Oil was struck at Digboi. The and coal, find its way to the rest of called into operations against ULFA Petroleum refinery that was set up India and sometimes abroad, from in the 1990s, was confronting at Digboi was the first in Asia and the railhead junction at Tinsukia Assamese women and men. This third in the world. The plywood and town. As testimony to the bustling confrontation resulted in untold timber industries were established economic activities that go on here, cases of human rights violations that with the help of the forest resources, the town itself is full of new stores include extra-judicial executions (or which came to be managed by the and shops that sell branded fake encounters, as such Forest Department. The Dibru- footwear, clothes and other premeditated murders by the armed Sadiya Railway also followed to consumer goods. Hindi-speaking forces are called in the local media), facilitate the imperial expansion and persons carry out much of the torture, disappearances and violence extraction. All these momentous economic activity. They also own against women. It also led to the happenings made the present the shops and stores, though there radicalisation of youth in the district. Dibrugarh and Tinsukia districts is a growing middle class emerging This radicalisation has been

18 CDRO Bulletin inevitable given the growing In 2003, ethnic adjacent district of Dibrugarh) have impoverishment of the local antagonisms came to fore when been the traditional base of the 28th population. Despite the presence of Hindi-speaking persons were Battalion of ULFA. It is this unit that large and medium size tea attacked by armed vigilantes in had consistently engaged the Indian companies, nationalised oil and coal Tinsukia and Dibrugarh districts of security forces in combat. However, exploratory and drilling agencies eastern Assam. Many Hindi- two of the three companies of the and businesspersons from all parts speaking persons were killed and battalion declared a unilateral of the country, rural Tinsukia even more took flight. However, this ceasefire in June 2008. Their remains a place that is devoid of also elicited a predictable response commander, Mr. Mrinal Hazarika, employment opportunities. There is from the military establishment, who led them into an uneasy ceasefire a crisis in the plantation sector, began to target ethnic Assamese that was further strengthened by the where workers are being forced out. villages. Their campaign of terror formalization of peace initiatives by Having no other place to go and no culminated in the murder of a young the pro-talks section of ULFA, led other livelihood, they are forced to man, Ajit Mahanta, in February by its chairman Arabinda Rajkhowa work in farms. Most of the farms are 2006. When the people of in 2010 and 2011. Despite the also in a precarious position due to Kakopathar area began to protest ongoing peace talks, there is a river-induced erosion and falling against the army’s unwarranted and considerable section of the local returns from agriculture. This has arbitrary murder of Ajit Mahanta, populace who are resentful of the created adverse conditions in the the paramilitary forces – Central continuing indignities that they have rural sector and there is every chance Reserve Police Force – mowed been subjected to. that unscrupulous politicians will try down 10 protestors in cold blood. It The security agencies and and play one community against the is this kind of impunity that might sections of the media claim that other in an effort to garner votes explain the growing alienation of the these conditions are conducive for during elections. local people. Tinsukia (and its the anti-talks faction of ULFA to mobilise support for its armed One such radical organisation is the Asom Sachetan Mohila struggle. In addition, they also claim that Maoists from India have begun Mancha (ASMM), which was also party to this factfinding mission. to mobilise among the local people, A few women, who decided that the struggle for the right to self- albeit with the help of the anti-talks determination of the people of Assam had to also include the ULFA faction. These are mere emancipation of women, formed the organisation in 1999. They smoke screens that obscure the started as a small cooperative, after asking the villagers of Hunjan existing realities by encouraging for their support. Symbolically, they were given some land near baseless fear mongering. In the the Mayamara Satra, where they began a weaving unit. They began words of a police official, “Maoists to raise issues of human rights and political awareness among the try to raise political consciousness local villages, who were being harassed by the Indian army and of people”. For him and his police. For this, they had to face a lot of hardship and opposition superiors, anyone who questions the from the security forces. The cooperative is run entirely by women. status quo is suspected of being a Those who marry and chose to live with their husbands, move to Maoist, or as a member of the anti- nearby houses. The women have formed a commune for single talks faction of ULFA. It is therefore mothers and a core of activists. Over time, they began to do more easy for them to couch their ability social work and managed to acquire some farmland, where they to unleash terror amongst ordinary, are experimenting with collective farming. Even today, the activists hardworking and beleaguered of the Mancha are steadfastly engaged in political and social work. citizens by raising the Maoist/anti- They still believe that until the right to selfdetermination is granted talk ULFA red herring. As the deaths to the people of the Northeast, the region will know no peace. They of the three innocent youth show, also firmly assert that this right has to be complemented by the this is nothing but a sham. The real struggle for the emancipation of women and gender justice. story behind the deaths of such men and those before them are shrouded

CDRO Bulletin 19 in bureaucratic mystery. However, should be both long term and short term measures to be adopted urgently. for the local people of Tinsukia district, the intentions are as clear They are: as a spotless mirror. In the words of Short term measures: an activist of AAMSU: “(These 1. Immediate steps should be taken to ensure an impartial and effective deaths) are the result of an unholy judicial investigation into the killings of the three youth. nexus of all kinds of opportunists, 2. Take immediate action against those personnel mentioned in the FIRs led by the Indian army and sections filed by the families of the deceased in the Makum P.S. Those of the civilian police, who then mentioned in the FIR should be suspended, so that they may not collude with surrendered militants to coerce the families of the deceased, as well as influence the ensure that Tinsukia remains investigation. Adequate measures should be taken to ensure the militarised”. safety and security of witnesses in this case. 3. A case of murder be lodged against the armed forces personnel involved Lacking the means to in the shooting of the three youth, in accordance with the investigate into the dealings of the judgement of the Andhra High Court. armed forces, it would be reckless 4. The families of the deceased must be paid an adequate compensation to level this accusation at them. immediately, since they have been bereft of earning members. However, there is something to be said about local perceptions, Long term measures: especially when those in power 1. The Armed Forces (Special Powers) Act of 1958 has to be repealed and begin to think that they can conduct all cases of extra-judicial killings and enforced and involuntary all forms of excess with absolute disappearances, should be investigated by a competent judicial impunity. In such instances, the authority. almost fantastic and improbable 2. The administration should encourage and nurture a comprehensive stories that are part of the local conflict resolution process that ensures the participation of all public sphere begin to take on a life sections of the armed opposition groups in Assam. of its own. It is therefore entirely ** probable that Dhiraj, Janak and Siva were killed simply because some The report was prepared by: army personnel needed promotions, Manab Adhikar Sangram Samiti (MASS) or because the dead men refused to Naga Peoples Movement for Human Rights (NPMHR) comply with what was being Asom Sachetan Mohila Mancha (ASMM) demanded of them by the bullying Karbi Human Rights Watch (KHRW) agents of the Indian state. Either way, three innocent youth are dead And endorsed by: and India’s militarisation of the All Assam Moran Students Union (AAMSU) Northeast and its impacts on All Kamatapur Students’ Organisation (AKSO) everyday life, are there for the world to take note of once again. The membersof the fact finding Team were- 1. Mr. Lachit Bordoloi (HR activist, political commentator and author) Recommendations of the fact- 2. Mr. Bubumoni Goswami (Chairman, MASS) finding team: 3. Mr. Kenneth Mao (NPMHR) 4. Ms. Dolly Kikon, (NPMHR) The fact finding team is of the 5. Mr. Ankur Tamuli Phukan (Researcher and journalist) opinion that these deaths are part of 6. Mr. Sanjay(Xonzoi) Borbora (MASS) a larger pattern of human rights 7. Mr. Pradip Borgohain (MASS) violations that have been going on 8. Mr. Bakul Das (MASS) for the last three decades in the area. 9. Mr. Jogot Bokolial (MASS) We therefore believe that there 10. Mr. Mukesh Moran (All Assam Moran Students‘ Union

20 CDRO Bulletin The Terror of Law: UAPA and the Myth of National Security

The Terror of Law is a CDRO heinous crimes. A brief summary all-India ban on associations. The (Coordination of Democratic of the main points are given powers of the state governments Rights Organization) report which below: to ban organizations were not shows how and why the UAPA affected because “maintenance of curbs the freedoms provided by 1. “Reasonable Restrictions”: public order” had been read by the Article 19 (Protection of Enacted first in 1967, the UAPA apex court to represent the lower Freedoms) for expression, enables the Central government to end of “threat to security of state”. assembly and association against impose “reasonable restrictions” With amendments in 1972 and the one section of political opinion. on the right to association. It, of incorporation of POTA provisions Like its predecessors TADA & course, targets those organizations in 2004 and the amendments POTA did, UAPA virtually which are seen as posing a threat, introduced in 2008, the grounds disenfranchises a section of the or potential threat, to the country’s under which an organization can people. The report points out that “sovereignty and integrity”. be banned expanded in the UAPA. freedom of expression is not an Accordingly, the law includes 2. Imposing of Bans: The bans individual right but a collective secession within the definition of imposed in such a cavalier right of groups, unions and “unlawful activity” [S. 2 (f)], adds manner, however, have huge political parties to disseminate S.153 A and B, IPC, within ramifications for the life and their views and mobilize people. “unlawful association” [S. 2 (g)] liberty of citizens and for their This is particularly important, as and offers wide and sweeping political rights and for democracy. the report argues, since six provision of banning “terrorist For the ban makes it an offence to decades of constitutional organizations” (S. 35) to the have any kind of association with democracy have failed to Central government. Since what the proscribed organization (s. implement the Directive constitutes a “terrorist act” has 10). In the case of an organization Principles of State Policy. The been construed in such a way that banned as terrorist, the provisions connection between the failure of it covers “any act with intent to are still wider and harsher (S. 38). promises and curbing of political threaten or likely to threaten the Since the section does not even freedoms guaranteed under the unity, integrity, security or make the distinction between Constitution (Art. 19, 21) is sovereignty of India or with intent criminal association and brought out through a study of to strike terror or likely to strike legitimate association or activity, how the first amendment (1951) terror in the people or any section a wide section of people are and the sixteenth amendment of the people”, its wide scope brought in who can be punished (1963) to the Constitution played allows ample opportunity to the with a sentence of 10 years’ a catalytic role in marginalizing Executive to act arbitrarily and/or imprisonment without having the importance of Directive with bias. been part of a single violent act. Principles and in attacking The original UAPA did not Activities become crimes as freedoms. contain the clause to ban “support” to such organization is Terror of Law organizations either because they deemed as such (S. 39). What is demonstrates that the purpose of promoted “enmity between sought to be curbed is not the the UAPA is not to curb heinous different groups” or for banned organization but the issues behavior or crime but to outlaw “imputations prejudicial to championed by the banned ideologies and groups which national integration”. This was organization. Thus the opposition threaten the status quo while added through an amendment in to the government policy of exonerating other ideologies from 1972. The original UAPA gave creating organizations like the its purview despite their record of powers to the Centre to impose an Salwa Judum, of creating armed

CDRO Bulletin 21 groups through hiring of SPOs, evidence [S.46]. Each of these Cr.P.C. allows a maximum period can conveniently be labelled as measures promotes greater laxity of 90 days in case of an offence one which furthers the activity of on the part of the law enforcers. carrying a punishment of 10 years the banned organization. Arrest without a warrant is or above, and 60 days in other What is particularly pernicious is permitted for any offence under cases. Under the UAPA all that while the procedure for this Act. Since a large number of offences, including the most minor banning an association is wide and offences defined in the UAPA ones, carry a 90 day detention. arbitrary, the procedure for un- have little to do with what a person Add to this the provision banning is a byzantine maze which does, and more to do with how the [S.43D(2)(b)] that it can be denies any possibility for the ban government interprets or what it extended by another 90 days, and to get lifted unless the government wishes to believe, this blanket we have a full-blown law for itself decides to do so. If the power to arrest is an invitation for preventive detention, that puts to proposed amendments to extend misuse. By permitting police shame even the draconian the period of ban from 2 to 5 years custody at any stage during the National Security Act, in having for a new category of crime under investigation, the UAPA attempts no checks at all. the ambit of “economic security” to gag the accused and prevent By so doing the UAPA are brought in which will target him from stating anything that overturns the basic principle of trade unions and working class may be inconvenient for the police division of power between the struggles, then the footprint of the or the government. To make Executive, the Legislature and the UAPA will bring every one other matters worse in this regard, the Judiciary. It confers such than Hindu right wing and UAPA stipulates that S.268 of the extraordinary authority on the parochial organizations under its Cr.P.C. shall apply to every Executive that they can at their baleful purview. offence under the Act. This means whim, as BJP led NDA that the court loses the power to government did in 2001 to ban 3. Arbitrary Procedures: Instead direct the officer in charge of a SIMI, proscribe organizations of enforcing procedures that check prison to produce a detained which in their subjective the arbitrariness and subjectivity person in court for answering to a understanding are anathema to written into its provisions, the charge, them. Indeed the illegitimacy of UAPA does the opposite. It or for examination as a witness. the UAPA, under the principles of increases the police powers of natural justice, is available in the arrest, search and seizure [S.43A, 4. Preventive Detention: Every fact that whereas SIMI was 43B], makes all offences liberal and democratic judicial banned in 2001 when there was cognizable [S.14, 43D(1)], system declares an accused guilty not a single instance of SIMI being enhances the period of detention only after the judge declares so implicated in terror crimes, [S.43D(2)], overturns the after the completion of the trial. abundance of evidence of established norms for grant of Therefore it fixes a reasonable involvement of Hindutva groups police custody [S.43D(2)], amount of maximum time that an in mass crimes, crimes against undermines the power of the court accused may be kept in jail for till humanity, etc., for over six to require attendance of prisoners the police completes its decades, did not result in any [S.43D(3)], denies the provision investigation and submits its action against them! for anticipatory bail [S.43D(4)], findings before the court. Till the enhances the restrictions on bail completion of the investigation the 5. Heinous Crimes: The report [S.43D(5)], presumes guilt of the detention of the accused is only shows that there are two ways in accused [S.43E], permits in- preventive. And preventive which the Executive fights against camera trial and withholding the detention is prohibited by Article heinous crimes such as bomb identity of the witness [S.44] and 22 of the Constitution. Hence, the blasts which target civilians. The allows intercepted duration of this detention is a normal law or IPC and other Acts communications to be used as matter of serious concern. The are used for Hindutva terror

22 CDRO Bulletin groups which allow even vested with the government to ban out of the gun of the rulers, raised conspirators, against whom there organizations. The significance of in favour of foreign and Indian is prima facie evidence, to escape the judgment lay in the manner in capital, and trained against people because they occupy positions of which the apex court read down who question or oppose them. CL- power in Hindutva’s mother the 1908 Act which permits the DR groups are of the firm organization, the RSS. The provincial governments to impose conviction that if the government extraordinary way is reserved for ban on organizations. In paragraph has a case backed by evidence to non-Hindutva groups whose 17, the Supreme Court held that declare an ideology as criminal or members, or the kith and kin of “The right to form association or proscribe an organization it should members/ supporters/ unions has such wide and varied be able to prosecute the sympathizers, face the brunt of the scope for its exercise, and its organization and allow the courts government’s hostility and witch- curtailment is fraught with such to decide rather than preventing hunt. The best illustration of this potential reactions in the religious, the organization from carrying on is found in the kid glove treatment political and economic fields, that with their political mobilisation meted out to RSS Pracharak, the vesting of authority in the and propagation on mere whim of Indervesh, who escaped executive government to impose the authorities. The report strongly interrogation and incarceration for restriction on such right without contests the manner in which being linked to Hindutva terror allowing the grounds of such political and ideological which carried out a series of bomb imposition both in their factual differences are made unlawful attacks which resulted in scores of and legal aspect to be duly tested which erase the specific contexts killings, simply because Hindutva in a judicial inquiry, is strong which cause and prolong conflict. organization/s are not banned. element which, in our opinion, The report argues for a separation It is worth pointing out must be taken into account in between crime and expression as that the UNSC did ban some of judging the reasonableness of the it allows for dialogue, which can the groups primarily because they restriction imposed”. It further go a long way in resolving such caused large scale civilian deaths, held that “The formula of conflicts saving tens of thousands an act of heinous crime in itself. subjective satisfaction of the of lives. In all conflicts there was But they failed to curb such crimes Government or of its officers, with an original moment, such as in the because they did not declare that an Advisory Board thrown in to Naga peoples struggle among many agencies belonging to review the materials on which the others, where peaceful resolution permanent members of the UNSC Government seeks to override a was available. Instead by taking ought to be covered under this. It basic freedom guaranteed to the recourse to military suppression also failed to note that those whose citizen, may be viewed as and criminalizing dissent the State hands are already bloodied by reasonable only in very effectively throttled this heinous crimes against humanity exceptional circumstances and possibility. are prime advocates for within the narrowest limits, and proscribing those entities disliked cannot receive judicial approval as by them. a general pattern of reasonable restriction on fundamentals 6. V.G. Row Judgment: The report rights.” draws strength from a judgment which was given in 1952, a year Conclusion: The report after the passage of the First denounces the politics of ban, the amendment in 1951. In the VG use of draconian laws to silence Row versus the State of Madras dissent, restrictions imposed on (1952) case, a five member bench freedom of expression, assembly of the Supreme Court expressed and association under one or concern at the unbridled powers another excuse, all of which flows

CDRO Bulletin 23 CDRO Fact Finding: Saranda, Poraiyahat Interim report / Press release

Jharkhand is fast becoming a four of them called Marshall The team also visited 4 military state. Similar to operation Bhuiyaan, Nelson Bhuiyaan, villages of Manoharpur block: green hunt which was started three Premanad Bhuiyaan and Pinky Tirilposi, Raatamaati, Deegha, years ago in mineral rich forest areas Bhuiyaan. The first two are still Tholkobaad. In all of these villages, resided by adivasis, brutal imprisoned while the other two have forces converted whole villages into operations are being carried out to appear regularly at the Thana. their base camp for an entire month. continuously in Jharkhand as well. They are all falsely implicated in Villagers had to hide in the jungles ‘Operation Anaconda’ was launched helping the Maoists. The CRPF also and many ran away to their relatives as a special operation in August destroyed property, and mixed food in nearby villages to escape 2011 in Saranda forest area of West grains in this village. oppression. Of those who were left Singhbhum district of Jharkhand. On the 20th of May itself, a in the village, men were held captive Reasons for speeding up of such security operation was conducted in separating them from the women. military operations by the state can Pandua village. Around 500 jawans They were tortured and even had to be viewed in a twofold context. One entered the village at around 5.30 in relieve themselves wherever they the one hand mining activity in the morning. Hallan Huttar was were locked up. Old people who Saranda has been on the rise. taken away blindfolded and couldn’t run away were beaten up Saranda is Asia’s largest mineral handcuffed by the forces. Villagers so badly that some of them even reserve and holds immense now fear his death. Abraham died. Houses were burnt and people economic importance. On the other Munda’s property was destroyed, jailed. Most of them are still in hand, contrary to the government and 3500 rupees were taken away. Chaybaasa jail, and according to claim that the area has been cleared 15 year old Mithun Bhuiyaan was their families they are not even sure of Maoist activity, infact it is far beaten black and blue. Munda’s wife of the offense of which they are from being crushed. and her year and half old son were accused. In Tirilposi alone 17 people In order to gather first hand also beaten up by a high rank police have been imprisoned. details of the manner in which the official. One villager was looted of Economically dented, these state has reacted to the changing Rs. 10,000 which she had kept aside villagers are totally unable to follow conditions on ground, an all-India for buying ox for her fields. Also, a legal proceedings to get relief. In team from the Coordination for para-doctor here is frequently one of the copies of charge sheets Democratic Rights oppressed with the accusation of observed by the team, a villager was Organisations(CDRO) was set up treating Maoists. According to the implicated in UAPA, CLA, and in constituting members from human villagers this destruction continued addition also blamed of sedition and rights organisations of Andhra in the village for almost three hours waging war against the state. Pradesh, Delhi, Punjab, Jharkhand, during which the forces also Additionally, it was Maharashtra, Uttar Pradesh, consumed liquor and marijuana. observed that under the IAP, Uttarakhand. The team conducted an Few villagers were even forced to contractors from outside were given investigation in Saranda and the flee from their village on that day. work which is against the rules of adjoining areas between 20th and 22rd In the same village, on the 10th of IAP. May 2012. this month when the forces attacked Right after operation What follows is a brief the village, they also misbehaved Anaconda was completed, the summary of the observations made with the women here. It was government started a development by the team. In Puraiyahaat, in shocking to know that there were no project in the name of Saranda January 2011, hundreds security women in the force while women Action Plan(SAP) under which forces entered Kamaay village. were tortured brutally. villagers have been given solar They beat up people and arrested panels, clothes, utensils, and sewing

24 CDRO Bulletin machines as short term trust building frantically by launching brutal operations on the people. By terrorizing the measures. The government also tribals, the state is simply trying alternatives to sustain a larger foothold plans to introduce long term over them. measures like livelihood options, It is therefore that we demand, the following:It is therefore that building of check dams, and training we demand, the following: for employment among others. 1. All CRPF, military and para-military camps be removed from the state Simultaneously, in and around these 2. In the context of mining and SAP implementation, PESA and the 5th villages security forces are also in Schedule be implemented according to which decision making the process of constructing rests on the tribal communities. permanent camps. Saranda will be 3. All private mining activity be stopped immediately. home to 20-25 camps soon. 4. Justice for those who have been beaten up and exploited, and release of Certain questions come to all those people who have been imprisoned and implicated in false the fore. How has the state suddenly cases. The perpetrators, the CRPF instead must be booked for the woken up to the development needs oppression meted out by them. of the tribals here after so long? Is it 5. After this attack on their identity and existence, the autonomy of tribals only a coincidence that Operation should be left unaffected. Anaconda, the SAP, and private mining project leases are falling in Members: line together here in Saranda? Why has the government cracked down Shashi Bhushan Pathak, Aloka Kujur, Mithilesh Kumar, Santosh (PUCL so hard all of a sudden on the people Jharkhand); Puneet, Social Activist, Naushad, Journalist (Jharkhand) of Saranda? Gautum Navalakha, Shruti Jain, Megha Bahl(PUDR, Delhi) A trajectory can be spotted Chandrashekhar, Narayan Rao, Rajavindam, APCLC, Andhra Pradesh) in the actions of the government in Pritpal Singh, Narbhinder (AFDR, Punjab) Saranda. It is clear that the Rajeev Yadav, Shahnawaz Alam (PUCL, Uttar Pradesh) government has failed to estimate Chandrika, Prashant Rahi (Independent journalists) the real needs of the people. And with the maoist activity refusing to Coordination of Democratic Rights Organisations fade away, the government with the fear of losing ground has reacted 23rd May 2012

Recommendation of the Civil Society Coalition on Human Rights in Manipur and the UN.

The memorandum on 2012), describes killings political context of the armed extrajudicial, summary or indigenous persons and groups conflict prevailing in Manipur for arbitrary executions in Manipur that are in violation of the past over three decades, which submitted by the Civil Society international human rights or forms the context of the summary Coalition on Human Rights in humanitarian law occurring in or arbitrary killings. It also Manipur and the UN (CSCHR), a Manipur, India. This focuses on provides information on the coalition of human rights killings by law enforcement domestic legislative provisions, organisations and individuals from officials due to excessive use of lacunae in the investigation and Manipur, to the Special Rapporteur force during, inter alia, arrests, judicial processes and the on extrajudicial, summary or deaths in custody and killings of independence of the judiciary, the arbitrary executions during his vulnerable groups. The limitations of inquests and post- mission to India (19-30 March memorandum elaborates on the mortem procedures, absence of a

CDRO Bulletin 25 witness protection programme and 3. It is hoped that the CSCHR shaped and preoccupied by the issues concerning impunity, justice memorandum will be a substantive British colonial legacy, placed its and reparation for the victims’ and constructive contribution to restricted views as reservations to families. Lastly, the memorandum settle the question of whether armed Article 1 of both the international makes a set of recommendations to conflict exists and international Covenants. the Special Rapporteur. humanitarian law is violated in Manipur. 83. Indigenous peoples’ struggles I. Introduction across the continents for the right to XI. Conclusion and self-determination have been 1. We, the Civil Society Coalition recommendations strongly denied legitimacy and on Human Rights in Manipur and resisted by modern states. The the UN, welcome the government of 81. The state is the legal guardian states’ denial of this fundamental India’s approval of a request from of all its citizens, for it is the state right of all the peoples of the world the UN Special Rapporteur on who had solemnly promised and within their national boundaries extrajudicial, summary or arbitrary which had been bestowed the caricaturises the Universal executions to visit the country. This authority under the Constitution to Declaration of Human Rights and all visit to India is significant because protect and preserve the inalienable human rights treaties, provided a it is the first mission of the special human rights and fundamental fertile womb where internal procedure of the UN Human Rights freedoms of its citizens. For this conflicts were born within states Council. India’s standing invitation reason alone, extrajudicial during the latter part of the 20th to special procedures and approval executions committed by the police century and legitimised the states’ to a request from the present and other state agencies deserve not continued use of the military and mandate holder for an invitation to only the strongest condemnation but maximum force against its citizenry. visit the country is also significant also concentrated action against because it reflects the evolving them. The deaths in police custody, 84. The ‘war on terror’ added a new maturity of the democratic state and committed with impunity provided dimension to states’ denial of the its openness to international by the uniform and authority, right to self-determination. It scrutiny. activates not only public anger and became a technique of legality to protest but also revulsion towards call all activities that are construed 2. Whether a situation of armed the state. to undermine or threaten the nation- conflict exists in Manipur is a state’s sovereignty and integrity as question that the present mandate 82. The right to self-determination acts of terrorism. Therefore, all who holder must examine with great care is a primary right protected and espouse or support the right to self- and resolve. This memorandum promoted by international laws. The determination who are not nation- elaborates on this question and state is not empowered nor states were named as ‘terrorists’. submits that the Manipur situation authorised to deprive peoples of this This new nomenclature given to is a typical one that is understood as right. In fact, many states claim with struggles of national minorities, a Non- International Armed Conflict pride that they exist solely due to the ethnicities and indigenous peoples (NIAC) by current international exercise of this right by its citizens. further established the justification humanitarian law standards. The However, modern states, including and rationale for violent responses scrutiny of existing accessible many nation-states of Asia, that have from the state and its agencies. information, along with information been shaped by the de-colonisation reaching the Special Rapporteur by process that swelled from the mid- 85. The enterprise of summary or way of communications, submitted 20th century, maintain a position as arbitrary killings, including the reports and data, meetings and sovereign entities, embracing “silent killings” by the state’s interviews with affected groups and/ national integrity, to freeze the agencies or through state or individuals will understandably inalienable right to self sponsorship is a direct phenomenon be a key aspect of the working determination and put it into cold of this state position with regard to methods during the country visit. storage. The Indian Republic, the right to self-determination 26 CDRO Bulletin interpreted within a wider ensure full redress support for executions where the state agencies framework of the fundamental right families of victims of extrajudicial or military forces of the Union are to life. execution by establishing the right implicated. to compensation, including the right 86. One of the key measures of an to restitution, reparation and 7. The recommendations and effective democratic state is its rehabilitation, as understood under specific guidelines issued from time capacity and willingness to protect the international human rights to time by directions of the Supreme the rights and guarantee the security standards, through appropriate Court, for all cases of deaths caused of its citizens, especially its legislative steps. or attributed to death in encounters marginalised and vulnerable with the police and/or security populations. The armed conflict 3. In order to end the practice of forces must be complied with. between the non-state armed torture and other forms of ill organisations of Manipur and the treatment, and to strengthen India’s 8. The National Human Rights Indian state underscores the truism commitment to international human Commission should widen the ambit that it is this same measure that rights law, the Government of India of its existing instructions to the determines the legitimacy and must ratify the Convention against State governments to institute authority of the state and it’s Torture and Convention on the inquiries in connection to “death due Government in the eyes of the Protection of All Persons Against to police action” to include “death indigenous people of Manipur. Enforced Disappearances. due to actions of the Indian security forces”, and there should also be a Recommendations 4. Militarisation and the high specific instruction to ensure that the incidence of extrajudicial inquiry is conducted by a Judicial CSCHR submits the following executions in Manipur exist in the Magistrate, and not by an Executive recommendations to the Special context of armed conflict. The Magistrate. Rapporteur on extrajudicial, situation that has been long summary or arbitrary executions for prevailing in Manipur must be 9. The many recommendations his attention during his visit to the recognised as an armed conflict and, regarding the amending of Section North East Region of India, so that as such, the civilian population 19 of Protection of Human Rights these recommendations may be should be provided the necessary Act, 1993 made by the UN Human reflected in his final report to the UN rights to protection accorded to them Rights Committee in 1997 and the Human Rights Council: under international humanitarian National Human Rights law. Commission of India should be 1. India must end the suspension of complied with and the Act suitably the non-derogable human rights, 5. The present situation where amended to bring the armed forces primarily the right to life. The existing state agencies specifically of the Union within the purview of Armed Forces Special Powers Act established to investigate crimes, the National Human Rights of 1958 should be immediately such as the CBI and CID, have been Commission and courts of law. repealed as it is a brazen affront to found ineffectual and their conduct the right to life, sanctions impunity biased; an exclusive investigation 10. The issuance of an Arrest Memo and protects those perpetrating agency should be set up at the should be strictly complied with, in summary, arbitrary and extrajudicial national level to investigate every accordance to established law in execution by the law. case of suspected extrajudicial, every case where a person is arrested summary or arbitrary execution. or detained by the police or armed 2. The right to justiciable remedy forces of the Union so that custodial and compensation for victims and 6. A special court is to be established deaths will be reduced and arrest their next of kin should become an to examine and prosecute cases will not go unnoticed. established right within the Indian concerning allegations of legislative framework. India must extrajudicial, summary or arbitrary

CDRO Bulletin 27 11. It must be made mandatory for 14. Ensure full compliance with and assistance of the international the police to register all complaints existing guidelines regarding post community in such effort if required. made by the next of kin of victims mortems in cases of suspected of suspected extrajudicial deaths in custody by adopting 16. Urgently take appropriate steps executions as the First Information appropriate amendments to the to implement all rulings and Report (FIR). Failure to register FIR national criminal code – a copy of recommendations of legal on the basis of a complaint made by the report of the post-mortem, in institutions such as commissions of deceased’s family members must be cases of suspected extrajudicial inquiry to prosecute all security established by law as a serious and executions, should be given to the forces involved in extrajudicial punishable offence. Strong deterrent family of the deceased as soon as it executions, such as in the cases of must be established for failure to is completed. As elaborated before, the rape and murder of Miss register an FIR brought by the the denial of the post-mortem report Thangjam Manorama Devi by 17 victims’ families as this report to the family of the victims of Assam Rifles in 2004. The reports constitutes an extremely important summary, arbitrary or extrajudicial of the all commissions of inquiry step to establishing the truth and executions is in violation of their must be tabled by the government. bringing justice in cases of right to know the truth, and And there should be a transparent extrajudicial, summary or arbitrary therefore, a legal right should be and accountable action. executions. establishment by suitably the present criminal law, so as to ensure that the 12. Ensure a witness protection family members can obtain a copy Note: The above text is an excerpt programme is in place that is of the post-mortem as and when it from the original memorandum, applicable to the entire country so is prepared. dated 28 March 2012, Guwahati. that full protection is provided to witnesses of victims of suspected 15. In order to firmly establish the extrajudicial executions for all legal independence of the judiciary at all proceedings towards seeking justice levels of the courts of India, the for the victims. government should strictly comply with established international 13. India must ensure that a national principles and guidelines for the level legislation Coroner’s Act is independence of judiciary. The adopted and promulgated. government should seek the support

Repression on Committee Against Operation Green Hunt

Operation green hunt was the as this land is what is left with the new organization “Committee creation of the two great minds in adivasis. Against Operation Green Hunt” in Delhi Mr.Chidambaram and We are taught from our November 2009. Mr.Manmoham Singh. The childhood that we homo sapiens are This committee since then Operation Green Hunt was also called human as we are the has been raising its voice against established and constructed very creatures with humanity .Thus if we green hunt and imperialism. To thoughtfully to give away the most are humans and if humanity is still make people aware of this unlawful mineral rich land of India into the left in us , then it is our duty to raise practice of the government we, the hands of the imperialists and in the our voice in support to the adivasis. committee members have decide to run to achieve this, our rulers And to prove that humanity is left conduct a public meeting in didn’t show a sign of hesitance in people from 45 mass organizations Badrachalam in April 2010.But the making lakhs of tribals shelter-less, have come together and formed a department had a different plan for

28 CDRO Bulletin us and it did not leave any stone member Raju, Patriotic Democratic As requested by ASP, we unturned to disturb or more Movement member Y. went to his office again that evening precisely to stop the meeting. Some Vekteshwarlu, Martyrs Relatives at 5 pm. ASP Bhujal strictly told that of the tactics of the police were; it and Friends Association member the Committee against Operation tried to spread the rumour that the Anjamma, Thudum Debba member Green-hunt can hold the meeting in meeting has been cancelled and Vatim Upendra etc., went to ASP places like Mungur and most importantly police even office. But ASP Bhujal was ill so he Kothagudem in Badrachalam but arrested many of the tribals who asked us to meet him at 5 pm in the not in Cherla. Although we tried to attend the meeting. Inspite evening. On our way back to the explained the ASP that most of the of these obstacles the meeting was lodge we met the Bar Association displaced people due to Greenhunt pretty successful. there and explained them the have come to Cherla and nearby The circumstances today necessity to raise their voice against villages and settled there, so it would certainly show that OGH has now OGH. As we were leaving from be better to organize the meeting in reached a higher level. Therefore our there, we received a phone call from Cherla only .We also told him that Committee against Operation Green the other members of committee in the speakers of the meeting former Hunt has decided to organize the lodge that the police arrived I.A.S B.D. Sharma, Prof. Ganta another meeting on 10th of April there and is forcing them to open Chakrapani, intellectual Chukka 2012 in Cherla an interior village 2 their rooms. By the time we reached Rammayya, senior advocate Bhojja hours long from the town of the lodge we saw around 20 Tharakam are not concerned with Badrachalam in Khamam district of policemen in civil carrying SLR, AK any political party or any banned Andhra Pradesh. This time with the 47. Even SI Naresh was there in civil association. Also that they will be previous experiences the police and carried a revolver. When we here only to stretch their hand of department understood that it is not asked them with what charge and support to the adivasis. strong enough to stop the tribals right they were there to search our This did not have any from attending the meeting. So it rooms. Their answer had no effect on the ASP and he was changed its game plan and decided creativity; it’s the reason we had stubborn about his decision. But we to put repression on us, the members been listening from ages. That they also went on questioning and asking of Committee Against Operation had an information that Maoists with him to permit for the meeting and Green Hunt. weapons are also in the same lodge. thus to avoid us for that day he told According to the decision After a long argument with the us that he would talk to the SP that made earlier many of us reached police also we did not open the day and tell us their final decision Badrachalm by 3rd of April 2012 and doors of our rooms. We also told the next day. checked into Apsara and them that an SI doesn’t have the right The famous “Jagan odarpu yathra” Ramakrishna lodges in Badrachalam to search and around 20 of our group has permission and protection is town, we had the leaflets, posters were women, so they must have lady given by 100’s of policemen, if some and other things concerned with the staff to check them. Anyway after a public oppose it action is taken meeting. The very same day the while CI has arrived there, then, we against the public. But an I.A.S committee had decided that we had to open our room doors. officer, a professor, an intellectual would move to Cherla and start The positive aspect of this are not permitted to meet the public campaigning about the meeting in search was that it all happened of the nation even when no high villages around making Cherla as the before the media and thus half of our protection is asked for. Where does base. As decided earlier convener of work to expose the meeting to public the democratic right that everyone the committee and state general has been done by the police itself. being equal before the law show its secretary of APCLC C. Chandra But the thing to thought of is if place here. Shekar, Revolutionary Writers’ people with atleast so me identity are As decided earlier Association member Pani, Praja facing such humiliation from the committee made Cherla the base and Kala Mandli member Koti, police in Badrachalam, the position started campaigning about the Pragathishel Karmika Samgam of adivasis is difficult to assume. meeting from 4th of April 2012. But

CDRO Bulletin 29 to avoid problems with the police green hunt then how can he be taking the adivasiss sell].Thirdly that there during the campaigning we went to it. This clearly unfolds the truth that would be law and order problems. the regional CI and described him Mr. Chidambaram has been bluffing After the press meet at the outline of our programme in that there is nothing happening in around 10’o clock CI Prasad Cherla. During our campaign we India which is called Green Hunt. telephoned our convener and asked decide to go into Vajedu, Cherla, On the same day there was him that they should not conduct any Venkatapuram, Chintoor and VL a hearing in the High Court dharna on 10th since 144 section has Puram mandals in Badrachalam. regarding the permission for the been ordered in Cherla. He also And since 4th April all our members meeting. At around 3 in the threatened him that all of us must of the committee used to divide afternoon the committee members in leave the lodge and that the capacity ourselves into 3 teams, each team Badrachalam got to know that the of the lodge is 25 where as 55 boarded each jeep along with High Court has denied the members are staying in it. So he said leaflets and posters to campaign in permission. Soon after this the that he wants the addresses of the the assigned region. members have stopped the other 30 members. If not they would On 8th of April we were campaigning and returned to Cherla, raid on the lodge the same day and accompanied by Vanessa (French so that they can plan their future arrest those 30 members. But we journalist) and Stanley (War agenda. After reaching Cherla dint think of it even at the blink of photographer, New York) who were convener of our committee our eyes and stuck to our decision there to cover the meeting and Chandrashekar and all other to protest on 10th. interview some of the displaced members had discussed that denying The sun started to raise on people who got settled in Cherla. permission to conduct a public the 10th April morning .that day each That day the 3 teams campaigned in meeting is pure repression on us and member of the committee were villages of Chintoor town. But that against the democratic rights. So filled with both excitement and fear. day being Sunday a bazaar was held they decided to conduct a rally To create a fear and agony free in Cherla where people from protesting against the government’s environment some of our members surrounding many small villages decision and go to Cherla MRO’s started cracking jokes on the come by to sell and purchase goods. office as a rally and present him a situation we were facing. So a cultural troop Prajakala memorandum. As the sun got brighter and Mandali member of our committee Later that night a press brighter on the 10th morning, the performed in the bazaar sang songs meet was arranged in the lodge number of CRPF soldiers also kept on OGH and campaigned about the where we staying since 10 days. In increasing who marched on the meeting to be held. the press meet our convener roads of Cherla, all of them with On 9th April 35 members Chandarshekar and other members most advanced weapons. They of the committee went into spoke to the media how unlawful it [CRPF] were all around near the Badrachalam town to campaign. is to deny the permission and that lodge and also in the houses around They mainly campaigned in bus we would protest the next day by the lodge, in the shops and Tiffin stand, market and ITD office. In the holding a dharna and rally .They centres near our lodge. In that way bus stand while some of our also explained the media the 3 they were putting an eye on each and members were campaigning by reasons for which the court has every move of us. singing songs against OGH and denied permission. Firstly that the At around 10 am that day others were distributing the leaflets meeting can be held anywhere else the committee members started to to the travellers in the bus stand. As but not in Badrachalam. Secondly organize themselves to start the rally usually one of us handed a leaflet to that the Maoists have already put up and dharna. Vanessa and Stanley has a young guy in his late 20’s. He came posters asking the adivasis to make also arrived to cover the rally and back and returned the leaflet, when the meeting successful [entirely dharna. In the meanwhile regional enquired the reason for it he wrong ,since those posters by SI and other police came to lodge. answered very sarcastically that he Maoists were regarding the issue Police asked us to leave immediately is the one hunting on the name of raise the price of thunik leaf which and not to conduct any dharna since

30 CDRO Bulletin we don’t have permission for it. very high speed. After that also the members There was nothing that But then we had some returned to lodge in as a rally, would frighten us that day. We held unusual spirit in us that day, none of chanting the slogans against OGH. the banner of the meeting in our us were frighten even after the arrest In lodge after returning we started hands and leaders of the committee of our leaders. We all sat there itself to pack our bags to go to led the rally while the other members on the road and told the police that Badrachalam and from there to go followed them. While some we would move from there only to our respective home towns. In the members uplifted every ones spirit when the arrested members would meanwhile we got to know through by singing songs others marched be brought back to us. And the a local journalist that many adivasis holding the posters of the meeting cultural activists Rani, Gattu, Naina who came to the meeting have halted high in the air. and others gave lashing answers to in a mango garden nearby. While the police has been the police through their songs and As soon as the news about trying to stop the procession on dances. The police understood that the adivasis in mango garden was every step, the protestors made their the songs and dances by these known, Vanessa and Stanley who way through the police force and activists was attracting the public started on their way actually to meet kept on marching towards the MRO around and also filling spirit and some displaced people in Cherla office. The way to MRO office was strength into the other members of went to the mango garden along with through a by lane. As our members the committee. Thus police arrested leader Rukmini and other persons. turned towards the by lane, the them as well. Reaching there they were very police started to resist severely. This changed the situation astonished and bewildered to see The CI repeated the same all the members were now in rage almost 2000 adivasis. Rukmini old thing that 144 Section has been and started shouting slogans, while started to address them and raised ordered in Cherla, so we cannot some of them argued with the police her fist while her vocals chanted Lal move in a group. The question that there very strongly. Then the media Salam. Listening this all the adivasis arises here is what was the need for arrived, so everything was on air encircled her and chanted louder, ordering 144 section and deploying then. This made the police take a clear end with greater spirit the same soldiers with such heavy weapons? back step, but then also after much words, which had a greater meaning They go on with their greenhunt and argument, they brought back all the for them…. “Lal Salam”. After a few do not even want us to speak about leaders and cultural activists who minutes Chandrashekar, Narayana it. This is very clear picture of how were arrested. Rao (APCLA), Tirumal Rao, Vattam Mr. Manmoham Singh is providing The lighter part all the Upendra and Sheshuram Nayak equal democratic rights to each and protest is that the leaders who reached there. They told the adivasis every citizen of India. returned after the arrest announced that the meeting has been cancelled Anyhow by strong that the memorandum has been as the police and court has denied determination and without a fear submitted o the MRO by making the permission. They also promised members pushed themselves same vehicle in which they were them that if the adivasis would bring through the police force and entered taken away as stage. Anyhow the problems they face to the notice the by lane on the way to MRO’s convener Chandrshekar, Thudum of the committee, the committee will office. As we were almost halfway Debba Vattam Upendra, Virasam expose their problem and fight for y into the by lane, the police force leader Rukmini, ABMS leader their rights. They asked them to trust arrested the leaders of the rally and Padmakumari, CMS Radha and the committee and not to be forced them to get into a trailer auto. Sheshuram Nayak leader of an frightened of anything. All the other members of committee organization which fights for the As the leaders were tried to stop the vehicle and went rights of Lambadi people, explained speaking to the adivasis, the CI and towards it from its side to its front. and spoke on the same stage what SI came there with other civil dress Very cleverly the police took the OGH is. How it is a conspiracy. How police. Reaching us the CI burst vehicle by a sub lane behind by it is affecting the adivasis and why shouting on the leaders that they reversing the vehicle, that too with it is important for us to oppose it. should have organized the meeting

CDRO Bulletin 31 in Chattisghad border or some leaflets and posters of the meeting Himanshu kumar for questioning the wherein Chattisghad itself, then the which they have kept with them with rights of adivasis, in the same way police would not have any sought of much respect. as the committee is being treated by risk. The statement of the CI raised Again the police came denying permission for the meeting many questions. Aren’t Chattisghad there also and asked us to leave as .they requested public, democrats adivasis the adivasis of our nation? soon as possible. Like this the police and intellectuals to support us. If they are then why is army being escorted us till Badrachalam. And in No government has the deployed against them? In which Badrachalam other team of police right to declare war against its own other country do we see that their constantly watched us till every one people. They have the right to solve own army has been deployed against of us left by that day night. the problems of the citizens by ruling their own citizens? But it happens On the same day, after the the nation with the terms and in India. information about the protest and conditions notified according to Just to increase the bank arrest of our leaders in Cherla, a democracy. So we as humans and all balances of some foreign press meet held in Hyderabad. In the people who believe in imperialists our government has which B.D. Sharma, Varavara Rao, democracy should oppose and fight turned itself into a broker for them Ghanti Prasad and Raghunath have against Mr.Chidambaram and and has declared war on the adivasis. spoke to the press. They addressed Mr.Manmohan Singh who did not How does the so called democratic the media that how the government hesitate to kill our brothers and government gives an explanation for has restricted and put repression on sisters on the name of OGH. its acts? But one thing that has been people like Binayak Sen and clear through the meeting in mango garden that if the government continues to suppress and goes on RELEASED putting repression like this, then we must only go the citizens and address them like in the mango garden. Later we got to know that 25000 adivasis halted at some other place and likewise 1000 of other group of adivasis also moved down to attend the meeting. Totally around 50000 adivasis have made time to come out for the meeting. Unfortunately and very unlawfully the police, court and the government has denied the permission. As the leaders returned from the garden, all the members have started their way to Badrachalam. On the way they saw large groups of adivasis under trees and under some shelters, waiting for the right time to come for the meeting. So we stopped where ever we saw a group and asked them to leave since the meeting has been cancelled and also gave them the

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