Legal Aid in Conflict Zones Bastar
Jagdalpur Legal Aid Group
Jails in the Bastar Division
Jagdalpur Central Jail
Dantewada District Jail
Kanker District Jail Overcrowding in Jails (2013)
Of all the states in India, Chhattisgarh has had the highest rate of overcrowding in Jails for the past 6 years.
Capacity of Actual Occupancy Jails Occupancy Rate
INDIA 347,859 411,992 118%
CHHATTISGARH 6,070 15,840 261%
Kanker Dist. Jail 65 278 428%
Dantewada Dist. Jail 150 557 371%
Jagdalpur Central Jail 579 1,508 260%
Rate of Incarceration (2013)
Prisoners per lakh of population 78 62 34 29 24 26
India Chhattisgarh Housing Capacity Bastar Division Number of Inmates Rate of Incarceration of Undertrials
(2013)
105 120
100 population 80 44 60 37
per lakh lakh per 34
40 21
20
- Undertrials India Chhattisgarh Uttar Bastar Bastar Dantewada Kanker Dakshin Bastar Duration of Incarceration of Undertrials in Prison (2013)
100% 90% 80% More than 5 years 70% 3-5 years 60% 50% 2-3 years 40% 1-2 years 30% Less than 1 year 20% 10% 0% All India Jails All Chhattisgarh Dantewada Jagdalpur Jails District Jail Central Jail Distribution of Sessions Trials by Number of Named Accused (2013)
3-5 Accused 16%
2 Accused 6-10 Accused 9% 24% More than 5 accused 49% 11-20 Accused 20%
1 Accused 21-100 Accused 26% 5% Charges in Sessions Trials 100%
90% 80% 2005 70% 2006 60% 2007 50% 2008 40% 2009 30% 2010 20% 2011
% of disposed sessions trialssessions % disposed of 2012 10% 2013 0% Arms Act Explosive IPC- Against IPC - Against IPC - Against NDPS Others Substances Public Human Body Property Act Tranquility Charges in Sessions Trials
80% 2005 70% 2006 60% 2007 50% 2008 40% 2009 30% 2010 20% 2011 10% 2012 0% 2013 Murder or attempt to murder (Ss Crimes against women (Ss 366, 302, 307) 376, 498, 498A) Charges against Undertrials Percentage of Undertrials charged with Murder/ Attempt to Murder / CH (2013) 100% 90% 86% 80% 70% 60% 56% 50% 39% 40% 33% 30% 20% 10% 0% India Chhattisgarh Jagdalpur Dantewada Central Jail District Jail Rate of Bail in Undertrials
Undertrials Released on Bail Per Annum 80%
70%
60%
50% 2010 40% 2011 30% 2012 20% 2013
10%
0% Percent of Total Undertrials in a Year Undertrials a in Total of Percent India Chhattisgarh Jagdalpur Dantewada Circle District Jail Duration of Sessions Trials in Dantewada 100% 90% 80% 70% More than 6 years 60% 5-6 years 4 -5 years 50% 3-4 years 40% 2-3 years 30% 1-2 years 0-1 years 20% 10% 0% 2005 2006 2007 2008 2009 2010 2011 2012 2013 Cases Disposed off in the First Year 89 90 80 72
70 60 51 50 38 40 32 30 24 23 20
year of Institution of year 19 20 10
Number of cases cases of disposedNumber their in off 0 2005 2006 2007 2008 2009 2010 2011 2012 2013 Presentation of Undertrial Prisoners in Courts (Jagdalpur Central Jail)
100%
80%
60% Neither presented Only Warrant Presented 40%
Undertrials Undertrial Presented 20%
0% Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14 Disposal of Cases
Rate of Complete Acquittals
97% 99% 99% 97% 98% 96% 100% 94% 94% 91%
80%
60%
40%
20%
Percent Of Disposed Cases of Percent 0% 2005 2006 2007 2008 2009 2010 2011 2012 2013 Year Conclusions
Jails in Bastar have a severe problem with overcrowding
The reason behind overcrowding is not lack of capacity, but excessive number of prisoners.
In Dantewada South Bastar, excessive number of prisoners in jail results not from increased arrests, but longer durations of incarceration on undertrials
In Dantewada South Bastar, many people are arrested in group crimes (>5 accused), charges put on them are severe, bail is rarely granted, but eventually most of the undertrials are acquitted. Undertrials in Bastar Division
Some Case Studies Fabrication of Evidence Many chargesheets clearly show that evidence has been fabricated against the accused:
Improving memory with time - State v. Joga, Jugal and Sudar – In 13 FIRs over 5 months, different complainants have named many different names of accused – none have mentioned Joga, Jugal and Sudar. In all 13 chargesheets, the same 13 complainants – a few days after the FIRs – have given police statements, in which they all add names of Joga, Jugal and Sudar to the names already present in the FIR. State v. Kawasi Hidme – Policemen at the scene of encounter claim hearing Naxalites shout 50 names of each other, while attacking the police party. These 50 names are in the FIR and police statements taken right after the attack. Five months later, two policemen remember 53 names, and the remaining 3 are soon arrested. Fabrication of Evidence Similar evidence - different crimes – Chargesheet no. 24/2010, P.S. Kuakonda 26/2010, P.S. Kuakonda FIR No. 13/10 P.S. Kuakonda 17/10 P.S. Kuakonda Witness Name Mundra Muchaki s/o Pisa 45 years Chote Bedma, Hidmapara P.S. Kuakonda Sannu Muchaki s/o Madka Muchaki 38 years Chote Bedma, Hidmapara P.S. Kuakonda Testimony: I live in village Chote Bedma. I am engaged in agriculture. On 8.7.2010, on I live at the above address. I am engaged in agriculture. On 16.8.2010, in Introductory Thursday, in the morning when I was going to my farm, I saw that from the the morning when I was going to my farm, I saw that from the jungle some Part jungle some uniformed Naxalites were coming along with: uniformed Naxalites, carrying guns, were coming along with some villagers: The list of the (1) Madkami Kosa (2) Madkami Deva (3) Madavi Budhra (4) Sodi Nanda (5) (1) Madkami Kosa (2) Madkami Deva (3) Madavi Budhra (4) Sodi Nanda accused Madavi Budhra of Phoolpad (6) Ashram warden Soni Sodi of Jabeli, who were (5) Madavi Budhra s/o Bhima 28 years of Phoolpad (6) Jabeli’s Ashram coming from the direction of the jungle, talking with the Naxalites. warden Soni Sodi, whom I recognized.
The description Out of fear, I hid in the jungle and saw these people and also listened to the Out of fear, I hid in the jungle and saw these people who were saying, that of the crime conversation of these people, that this time Avadhesh Gautam and people of the the older building of the Tehsil Office should also have been blown up, police station survived the attack. Next time, whenever we attack, not even one which we will blow up next time. And the documents should be blown up police man should survive and the police station should also be blown up in the and destroyed. Saying this they were walking towards the jungle, which I The description bomb blast. Saying this they were walking towards the jungle. heard. of the crime Later on I came to know that in the night the Naxalites along with the above- Later on I came to know that the Naxalites along with the above- mentioned people attacked the police station and the police personnel in police mentioned people blasted the newly constructed Tehsil Bhavan, and station Kuakonda, and tried to loot the governments ammunition stored in the destroyed it. The above people along with the Naxalites destroyed the Concluding police station, and tried to kill the personnel in the attack. The above-mentioned Tehsil Bhawan in a blast. part. people were seen walking towards the jungle with the Naxalites by me. Because of fear, I have not told anyone, today I am speaking without fear. Because of fear, I have not told anyone, today I am speaking without fear.
Accused‟s name is missing - State v. Irpa Narayan: Two accused, Midiyam Lachu and Punem Bhima, are not mentioned anywhere in the chargesheet, except in a bland statement of the IO that during investigation, he found the two involved in the crime. They have been in jail for more than 6 years now. State v. Madkam Kosa and Ors: 5 accused who were finally acquitted after 4 years, but all the witnesses in the chargesheet said that crime was committed by unknown Naxalites Secret Informer is the only source of information- 5 cases against Bhima Kadati, where a “trusted secret informer” is the only source of information against the accused. Shoddy Chargesheets Arms Act used indiscriminately State v. Betti Buchi - 11 accused, all charged with Arms Act, based on their memorandums u/s 27 of the Indian Evidence Act which leads to discovery of the following dangerous weapons - 4 are shown with one set of a bow with one arrow, 4 are shown with kitchen knives, 1 has a knife shaped like a sickle 1 has a trowel 1 is shown with a large utensil State v Chotu Markam - 7 accused who are booked under Arms Act 2 have iron tangiyas (axes), 2 have iron sabbals (shovels), 2 have iron bandas (crowbars) One has a favda (spade) Court asks the question “啍या अभिय啍ु तगण ने उसी समय ऱोहे का धारदार बंडा, स녍बऱ एवं टंगगया को शासन की अगधसचू ना के उ쥍ऱंघन मᴂ बबना ककसी वैध अनज्ञु प्तत के अवैध 셁ऩ से अऩने आगधऩ配य मᴂ रखे हुए ऩाये गये?” Subsections never specified, making implementation of s436A of CrPC impossible.
Multiple Trials One person is often implicated in multiple trials, ensuring a long prison stay Bhima Kadati – a 19 year old boy, was implicated in 12 cases. These cases continued for about 4 years and though all of them resulted in acquittals, justice was never served to Bhima who died during the pendency of the cases due to medical negligence. He was acquitted only in 5 cases during his lifetime.
Joga, Jugal and Sudar - In this case, three young men Joga, Jugal and Sudar were illegally detained before being produced in court and slapped with 13 cases. They were finally acquitted in all.
(Madkam Kosa and others from Phoolpad): Charged in 19 cases. Acquitted in all after 5 years in jail.
Deliberate Delays in Trials Non-appearance of witnesses – usually policemen/ doctors – leads to delays of several years, as courts fail to close prosecution evidence.
Acquittal - State v. Madkam Handa - Prosecution produced a list of 9 witnesses, including 4 from the Naga battallion Even after 40 summons and 4 years, the Naga witnesses didn‟t show up. Eventually acquitted after 5 years due to lack of evidence Ongoing trials - State v. Irpa Narayan and others - First witness (I.O.) arrives after 6 years of arrest. All witnesses are serving policemen. Bail repeatedly rejected. Application for closure of evidence dismissed. State v. Kunjami Puska – Accused is more than 60 years old. Case ongoing since 2007. All witnesses except I.O. and Doctor examined by May 2010. State v. Kawasi Hidme – Young girl in prison since 2008. Bail rejected. I.O and Doctor have not been examined even after 80 opportunities. Deliberate Delays in Trials Special Acts (UAPA) used to extend pre-trial detention (in Bastar, Kondagaon and Kanker)
State v. Joga, Jugal and Sudar Dates in Chargesheet Event October 2011-February 2012 Occurrence of 13 events of Naxalite violence 21 June 2012 Three young men arrested and charged with UAPA in those 13 crimes 24 June 2012 By this date all police statements of witnesses, and all seizures have been concluded 5 December 2012 Sanction for prosecution under UAPA applied for 12 December 2012 Chargesheet presented in court Deaths in Judicial Custody
State v Beko Bhima- Case was initiated in 2008 and till September 2012 only four prosecution witnesses had testified before the court and 5 were yet to testify despite repeated summons. Defense lawyer filed an application for closure of evidence on 3.9. 2012, again in 24.9.2013 and again on 7.4.2014, all these application led several „last opportunities‟ being granted. Finally, the Court decided to close evidence and listed the case for statement of the accused. The undertrial‟s health was deteriorating and on 13.4.2014 the undertrial was transferred to Raipur hospital for treatment. On 25.8.14, wireless message was transmitted to the court stating that the condition of the undertrial was very serious. Despite this, the judge refused to grant bail claiming that he needed a report on his health to be satisfied. Beko Bhima succumbed to his ailments on 4.9.14. Reopening of Old Cases
Avadhesh Gautam Case- Attack on the house of the ex MLA Avadesh Gautam on the night between 7th and 8th July, 2010. The primary investigation in the case was initiated by a letter written by „eye-witness‟ Gautam, wherein he had painstakingly listed out a total 67 people. The letter was later found to be inadmissible when Gautam admitted to writing the letter not based on what he had seen but what was narrated to him by one Bandi who had been brought by the police. Despite the court ruling out the evidentiary value of the letter, the same is being used by the police to re-arrest people in the same case. Noble Xalco case: In September, 2010 Noble Xalco a police constable was fatally injured. Eyewitness Baman Ram mentioned 5 names during the police investigation, but later told the court that he was not at the scene. Yet, the case has been re-opened based on another statement of Baman Ram, after his court testimony, where he claims to have witness involvement of 3 other people in the crime. Documented Atrocities by Police and Security Forces Atrocities documented by JagLAG Date Place Event 28th Jul 2014 Ramaram and Pidmel villages, Fake Encounter of Vetti Hadme and Sukma District Markam Idmal 20th Nov 2014 Bade Gurbe village, PS Kukanar, Illegal Detention of Madvi Sukdi w/o Sukma District Ayata for over 4 days in a police camp 26th Nov 2014 Chote Tongpal and Jangampal, PS Police Beating of 10 village women, Kukanar, Sukma District leading to grievous injuries of some women 6th Jan 2015 Revali village, PS Aranpur, Extra judicial killing of Nuppo Bhima by Dantewada security forces 17th Feb 2015 Tongpal, PS Tongpal, Sukma Custodial Beatings of 3 protesters District 17th Apr 2015 Chote Tongpal and Jangampal, PS Bhima Madkam injured in police Kukanar, Sukma District shooting 27th Apr 2015 Kormagundi, PS Kukanar, District Illegal detention of 3 minor girls and Sukma police beating of their parents Atrocities documented by JagLAG Date Place Event 29th July 2015 Nahadi village, PS Aranpur, Fake Encounter of Hemla Podiya by Dantewada security forces 29th Sept 2015 Darbha, PS Darbha, Bastar Arrest of journalist Santosh Yadav on fabricated cases 6th Oct 2015 Nilavaya PS Aranpur, Dantewada Extrajudicial killing of Bhima Madvi 19th-24th Oct Peddagellur, Chinnagellur, Mass sexual violence of dozens of 2015 Gundam, Burgicheru, Pegdapalli, women, including gangrape of 3 women PS Basaguda, Bijapur 12th Jan 2016 Kunna, PS Kukanar, Sukma Mass sexual violence against 10 women district detained by security forces 11th-14th Jan Nendra, PS Basaguda, Bijapur Mass sexual violence of village women 2016 by police and security forces, including 13 gangrapes 4th Feb 2016 Sunga, PS Mardum, Bastar Fake encounter of Hidma, who was picked up at home. Persecution of JagLAG Persecution by Bastar Bar Association
Persecution by Bastar Bar Association
Persecution by Bastar Bar Association
Persecution by Bastar Bar Association
Persecution by Bastar Bar Association
Persecution by Bastar Bar Association
Persecution by Bastar Bar Association Persecution by Samajik Ekta Manch Persecution by Samajik Ekta Manch Persecution by Samajik Ekta Manch Direct Police Pressure And Eviction
Date Description 17.02.2016 JagLAG’s landlord, Pravin Baghel is also visited by the traffic police and asked to report to the PS with his car. He comes back at 1:30 am, but his car is impounded. He requests JagLAG to vacate his premises within 7 days at 2:00 am at night. JagLAG agrees to vacate the house within 7 days. 18.02.2016 In the afternoon, Mr. Baghel is again asked to report to the PS. This time Mr. Baghel comes back and right away, tells JagLAG that they have to vacate their house within one or two days. JagLAG requests two days time to pack up and move out.
Samajik Ekta Manch takes out a rally in front of JagLAG’s office.
Special DGP, DM Awasthi, is contacted over phone. The CM is apprised of the situation by the Leader of the Opposition, Mr. TS Singhdeo. Shalini Gera and Isha Khandelwal (lawyers of JagLAG) visit the Commissioner, Mr. Wasnikar and apprise him of the situation. These two lawyers, along with Ms. Bhatia, visit the Bastar Collector, Mr. Kataria and inform him of the situation also.
Eventually, Mr. Baghel’s car is released from the Kotwali PS, but only after promises that JagLAG will vacate after 2 days Direct Police Pressure And Eviction Date Description 19.02.2016 Police reach the family of Ms. Bhatia’s landlord, and visit the landlord at his workplace. They ask a lot of questions and also take many photographs, with a clear intent to intimidate the family.
Arvind Netam, ex – Minister of State and currently resident in Jagdalpur, informs the Chief Sectretary of Chhattisgarh, Vivek Dhand, about the situation and registers his strong protest.
Police keep patrolling the area around JagLAG’s office to keep an eye on the packing process. JagLAG’s landlord receives many calls seeking to know who all is present in the house, how is the packing proceeding, etc. 20.02.2016 Shalini Gera meets with the Dantewada Collector, and apprises him of the situation.
Mr. Baghel continues to receive many calls from the police seeking information about the progress of the packing up of JagLAG and whether the lawyers have already left, and what they are doing currently.
JagLAG vacates house and office and all leave for Bilaspur 22.02.2016 JagLAG’s landlord is summoned to the Bodhghat PS, this time to respond to a complaint by one Dipankar Sahu, that three women of “anti-social antecedents” are living in his house.