Vol. XXXVI, No. 12 ISSN-0970-8693 DECEMBER 2016 Rs. 10

PUCL President's letter to President of India: Details of the PUCL National Convention th Representation against Appointment of Shri 16-18 December 2016 Avinash Rai Khanna, Vice-President, BJP as a Member of the NHRC (2) Venue of the Convention : ARTICLES, REPORTS & DOCUMENTS: Aashirwaad Bhavan, Byron Bazaar, Raipur Indo-Pak Goodwill – The Road to Mutual Nearest Station and Airport : Raipur Prosperity-Rajindar Sachar (13); A Reality check on Jammu and Kashmir-Pushkar Raj (16). Contact persons of State unit: Dr Lakhan Singh 07773060946; Sudha Bharadwaj 09926603877; Ajay TG 09424136077; PRESS STATEMENTS, LETTERS, AND NEWS: Justice Sachar's Statement regarding Rajendra Sail 09826804519; Degree Prasad Chouhan Appointment of AR Khanna (3); Press Statement: 08889326269. PUCL Demands from the Chhattisgarh Government: Stop the witch hunt! Don't arrest and Apart from post bearers following head various volunteer teams - drop false implication in murder case of Prof. Nandini Sundar, Prof. Archana Prasad and others Kumud Nandgave 09926169831; Shishir Dixit 09425812680; (3); Press release: NHRC summons the Chief Kalyan Patel 09826689317; Priyanka Shukla 08871067410. Secretary of Government of Chhattisgarh (5); Press Statement: PUCL Opposes Political Appointees to Note: the NHRC: May challenge it in the Supreme Court (6); Press Statement: Withdraw the Ban of Telecast 1. Please inform Sudha Bharadwaj, General Secretary and Dr. by NDTV India on 9-10th November, 2016! (7); Chhattisgarh PUCL: Protest against Gagging of Lakhan Singh, President the specific dates of arrival and Media by Modi Government: "Stop Attacks on the departure from Raipur, with numbers of men / women delegates. Right to Freedom of Expression" (8); PUCL Statement: Condemn Malkangiri Encounters! Halt 2. Very importantly, please intimate how many delegates from each the War on Our Own Citizens! (9); Press Statement th on PUCL National Team's Visit to Kashmir Valley state will reach on 15 December evening / night so that (10); PUDR Statement on Custodial Killings of SIMI Undertrials (14); Gujarat PUCL: PUCL Reiterates Its adequate accommodation arrangements can be made. For the demands to make Public Inquiry Report on present only 4 rooms have been booked at another place near Atrocities on Dalits at Thangadh (17); Manipur Activists to Seek Clemency for Woman on Death the venue only for the national Office bearers who will be Row in Malaysia (17); Press coverage: TOI: Halt reaching Raipur on 15th December, night itself. Criminalization of Security Forces: PUCL (18); PUDR Condemn attack on tribal rights activists and 3. Please note that the weather in December will be very cold and continuing erosion of the Rule of Law in Chhattisgarh (18). unless prior information is received it will be very difficult to make staying arrangements on 15th night at short notice. To enable the state unit organising the Convention to help make arrangements please inform specific date of arrival and number of delegates in advance. 4. Please inform details of trains / flight with names / numbers of delegates from each state, so volunteers can assist delegates to reach venue and make arrangements for bedding, food etc. 5. Registration fees would be 300/- though the same may be waived if State postbearers feel it is necessary. 6. Weather would be cold at night and pleasant in the day. Please bring warm clothes and bed sheets / coverings/ sleeping bag etc. Sudha Bharadwaj, General Secretary, Chhattisgarh State Unit ❑

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PUCL BULLETIN, DECEMBER 2016 1 PUCL President's letter to President of India: To, member of the State Human Rights (c) one Member who is, or has Shri Pranab Mukherjee, Commission, Punjab, but resigned been, the Chief Justice of a High Hon'ble President of India, to become a member of the Rajya Court; Rashtrapati Bhavan, Sabha and is not ineligible for other (d) two Members to be appointed N e w D e l h i similar political appointment in the from amongst persons having November 13, future Besides, a member of a knowledge of, or practical 2016 political party is expected to experience in, matters relating to promote the interest of his party human rights. Respected Rashtrapatiji, and is not trained to act with 4. Appointment of Chairperson Subject: Representation against impartiality and judiciousness and other Members: Appointment of Shri Avinash Rai required of a member of the NHRC. (1) The Chairperson and [the Khanna, Vice-President, BJP as Additionally, a member of the Members] shall be appointed by the a Member of the NHRC. NHRC, besides having knowledge President by warrant under his The People's Union for Civil and practical experience in matters hand and seal; L i b e r t i e s ( P U C L ) i s a n relating to human rights should also Provided that every appointment organization, which has been enjoy the trust of the people that he under this sub-section shall be consistently working for protection would stand to protect their human m a d e a f t e r o b t a i n i n g t h e and promotion of human rights and rights from violation by the recommendations of a Committee civil liberties in the country. It was governments. As a politician and a consisting of– established by Shri Jayaprakash Vice-President of BJP, which is a (a) The Prime Minister — Narain, Acharya Kriplani, Shri ruling party at the centre and a Chairperson number of states, Shri Khanna Krishna Kant and others. Justice (b) Speaker of the House of the V.M Tarkunde, Prof. Rajni Kothari, cannot enjoy the trust of the people whose rights he would be expected People — Member Justice Rajindar Sachar (former (c) Minister in-charge of the Chief Justice of Delhi High Court) to promote and protect against the governments of his own party if he Ministry of Home Affairs in the and Shri K.G. Kannabiran have Government of India — Member been associated with PUCL as its is appointed to the NHRC. P r e s i d e n t . T h e i m p o r t a n t The Protection of Human Rights (d) Leader of the Opposition in the judgments by the Supreme Court Act, 1993 was enacted pursuant to House of the People — Member on the issues taken up by PUCL the commitment of India towards (e) Leader of the Opposition in the are: Telephone tapping case binding covenants, that is Universal Council of States — Member (1997) 1 SCC 301; Fake encounter Declaration of Human Rights, (f) Deputy Chairman of the Council in Manipur (1997) 3 SCC 463; ICCPR AND ICESCR. It was of States — Member Disclosure of criminal background realized that due to changing social Provided further that no sitting and assets by candidates realties, emerging trends in the Judge of the Supreme Court or contesting for Parliament and the nature of violence, greater sitting Chief Justice of a High Court State Legislature (2003) 9 SCC accountability and transparency shall be appointed except after 490; Challenge to POTA (2004) 9 are required in the implementation consultation with the Chief Justice SCC 980; and Right to food which of existing laws, procedures and of India." is still pending before the Supreme system of administration of justice. As mentioned above, a person who Court. Keeping the growing concern about is going to be appointed as a We are seriously concerned about protection of issues relating to member should have knowledge the proposal to appoint Shri human rights that the said law was and practical experience in the Avinash Rai Khanna, Vice- enacted. Relevant parts of Section matters relating to human rights. President of BJP as a member of 3 and Section 4 of the Act of 1993 His stature and qualifications has to the National Human Rights are quoted below: be compared with the other Commission. We wish to make it " 3. Constitution of a National members, who consist of judge of clear that our objection is not Human Rights Commission: the Supreme Court or the Chief personally against him, but is (1) The Central Government shall Justice of a High Court. Under based on the principle that a constitute a body to be known as Section 4 of the Act of 1993, the politician should not be appointed the National Human Rights appointment of chairperson and the to an important and high level Commission to exercise the members shall be made by the institution like the NHRC, which is powers conferred upon, and to President by warrant under his constituted for protection and perform the functions assigned to it, hand and seal, after obtaining the promotion of human rights of the under this Act. r e c o m m e n d a t i o n s o f t h e people of India - a function, which (2) The Commission shall consist Committee consisting of Prime can be performed only by persons of: Minister, Speaker of the House of who are non-partisan and above (a) a Chairperson who has been a People, Minister in-charge of the temptation of future personal Chief Justice of the Supreme Court; Ministry of Home Affairs in the promotion and prospect. Shri (b) one Member who is or has been, Government of India, Leader of the Khanna was earlier appointed as a a Judge of the Supreme Court; Opposition in the House of People,

PUCL BULLETIN, DECEMBER 2016 2 Leader of Opposition in the Council 4 of the Protection of Human Rights United Nations where the national of States and Deputy Chairman of Act, the President is obliged to r e p r e s e n t a t i v e s h a v e t o the Council of States. PUCL make an appointment to the NHRC periodically submit the status of submits that the recommendations o n l y a f t e r o b t a i n i n g t h e implementation of human rights in made by the Committee are recommendation of the Committee the country. recommendations under the Act. constituted for the purpose but is We humbly request that keeping in These recommendations are not n o t b o u n d t o a c c e p t t h e view the interest of the people of binding on the Hon'ble President as recommendation of the committee. India and the status and dignity of is the recommendation of the We submit that appointment of a NHRC, no member of a political Council of Ministers under Art. 74 of political person would not only be party should be appointed as a the Constitution. The President is against the interest of the people member to the NHRC, especially, if therefore free to not accept a and incompatible with the aims and he is an important functionary of the recommendation of the committee objects of the highest institution, ruling party. in the interest of the people, who which is constituted for the Prabhakar Sinha, National are the real stakeholders and of the protection of human rights, but President, PUCL ❑ i n s t i t u t i o n f o r w h i c h t h e would send wrong signals to the appointment is to be made. Under s international community and to the

Press Statement: 08/11/2016 Justice Rajindar Sachar, former President of People Union for Civil Liberties has issued the following statement: The proposed appointment of Avinash Rai Khanna an old time B.J.P. active member and Vice President of B.J.P. to the National Human Rights Commission is a brazen act of on the prestige and standing of National Human Rights Commission. The shamefacedness of Congress is on par with the shameful of political conduct by the Congress which did not appose it. This conduct of Congress is heightened by the fact of its, Working Committee of its recent meeting being conspicuously silent on it. ❑

Press Statement: 10th November, 2016 PUCL Demands from the Chhattisgarh Government: Stop the witch hunt! Don't arrest and drop false implication in murder case of Prof. Nandini Sundar, Prof. Archana Prasad and others. The People's Union of Civil for concocting a frivolous and directives of a fact-finding team L i b e r t i e s ( P U C L ) s t r o n g l y malafide FIR, and demands that lead by Dr. Sundar which had condemns the action of the charges against them be dropped visited the village in May 2016. Chhattisgarh police in registering immediately. Even if we are to believe that an an FIR (Cr. No. 27/2016 PS PUCL specially denounces the unlettered village woman can Tongpal dated 5.11.2016) against reported threats issued by the IG of clearly remember and repeat the DU Professor Nandini Sundar, JNU Bastar Range, Mr. SRP Kalluri to six unfamiliar names above, which Professor Archana Prasad (also of send special teams to Delhi arrest she heard during this incident AIDWA), Vineet Tiwari of the Joshi- these academics. Apart from being under very dire circumstances, and Adhikar Institute and of the CPI, a sheer abuse of the law laid down even accepting this unlikely story in and Sanjay Parate of the CPI(M), by the SC in `Joginder Kumar vs. its entirety, it is evident that no villagers Mangla of Soutenar State of UP' case (1994) and crime can be made out in the FIR Namapara and Manju Kawasi of `Lalitha Kumari' case (2014) in against the members of the fact Gadiras in the case of the murder of which the SC has said arrest is not finding team and they certainly a villager Samnath Baghel, from required in all cases and summons cannot be held accountable and Soutenar Namapara village in is sufficient requirement of law to implicated for murder on the basis Sukma on 4th November, 2016. ensure investigation, such brazen of this statement. However, in a While the death of this villager is threats and intimidation are meant move characteristic of the deeply regretted and deserves to to silence others from daring to malicious and vindictive nature of be diligently investigated, the FIR challenge police lawlessness. the Chhattisgarh police, all six itself indicates that there is The PUCL notes that in the above members of the fact-finding team absolutely no connection between FIR, the wife of the deceased has have been booked under serious his murder and these human rights claimed that her husband was killed charges including IPC sections 302 d e f e n d e r s . P U C L s t r o n g l y by Maoists, who said that he was (punishment for murder), 450 denounces the Chhattisgarh police being punished for not following the (house trespass), 147, 148, 149

PUCL BULLETIN, DECEMBER 2016 3 (rioting and participation in unlawful on his personal facebook page involvement of security forces assembly), 120(B) criminal – a clear breach of criminal law in violence on villagers and conspiracy, sections 25, 27 of Arms and legal propriety. The move instead continuously alleged Act, and now also, sections 23, also indicated the hostility of that it was the Maoists and 38(2) and 39(2) of the draconian the District Administration, villagers themselves who had Unlawful Activities Prevention police and Chhattisgarh burnt down the houses. Act. The allegation about the government to any expose of 4. The contempt for rule of law involvement of Prof. Nandini the police and government's and their disdain for the Sundar and other academics, on role in creating lawlessness Supreme Court's orders was the face of it, appears artificial, and breakdown of the criminal exhibited by the state police in contrived and fanciful and justice system in the adivasi their response to the SC's manufactured to somehow rope in dominated Bastar region. October, 2016 order. The the academics and rights 2. Prof. Nandini Sundar was one Chhattisgarh police publicly defenders from outside the area of the petitioners in the notable burnt effigies of Nandini using the charge of conspiracy. `Salwa Judum' case (WPC Sundar and other human rights The hostile actions of the 250 of 2007, pending before activists who have been Chhattisgarh police against these the Supreme Court), in which questioning police tactics – academics and activists, especially the apex court had held including Manish Kunjam, Soni pushed forward by Mr. SR Kalluri, government policies of arming Sori, Himanshu Kumar, Bela IG of Bastar, have to be seen vigilante groups to be Bhatia and journalist Malini against a long history of u n c o n s t i t u t i o n a l . T h e Subramaniam – and chanting persecution of anyone who government's role in arming slogans "Goli maron salon attempts to highlight the state of vigilante groups came in for ko" ("shoot them with bullets"). police lawlessness that prevails in adverse comment and was That this public burning of the adivasi region. Some of the also deprecated by the apex effigies took place in a events involving these academics court. coordinated manner at the and activists are described below: 3. In one of the interim orders of same time on the same day, in 1. In May 2016, the FF team of the the Salwa Judum case, the front of the district police offices above named academics and apex court ordered the CBI to of all seven districts of Bastar rights defenders had gone to investigate the incidents in under the command of IG Mr. v i l l a g e S o u t e n a r a n d Morpalli, Tadmetla and SRP Kalluri clearly indicates Kummakoleng where they Ti m a p u r a m v i l l a g e s o f that this illegal action had documented how some Chhattisgarh resulting in the obtained sanctions from the villagers were being forced into killing of 3 men, rape of 3 highest levels. It will be useful police and CRPF camps on the women and burning down of t o n o t e t h a t t h e C B I pretext of "surrenders", while over 250 houses between 11th investigating team itself met others were fleeing the villages to 16th March, 2011; and also s e r i o u s t h r e a t s a n d for the fear of backlash from the attack on Swami Agnivesh intimidation from the state Maoists. when he went to deliver relief police while completing Instead of responding to the supplies on 26th March, 2011. investigations. suggestions of the team for a Confirming the state complicity PUCL strongly condemns the political dialogue between all in lawlessness of security Bastar police and Bastar IG Mr. stakeholders, including the forces and the false staging of SRP Kalluri for subverting law and government and the Maoists, e n c o u n t e r s a n d a c t u a l vitiating the environment with terror the Bastar police and the commission of violence and hostility to such an extent that it C h h a t t i s g a r h p o l i t i c a l against uninvolved villagers, in has now become impossible for establishment launched a October, 2016 the CBI filed a anyone – journalists, academics, vicious campaign against the chargesheet in this case lawyers, adivasi rights leaders or members accusing them of implicating 323 Special Police human rights workers – to carry on instigating villagers against the Officers (SPOs) / policemen as with their work. government and calling them well as 114 personnel of It should be noted that 5-judge "anti-nationals". At that time, COBRA and 30 personnel of Constitution Bench of the Supreme the police also got a few CRPF as having participated in Court, in `Lalita Kumari v the villagers to write a complaint these operations of arson, State of UP', (2014) has held that against the visiting fact-finding killings and rape. The police "the police can foreclose an FIR team, which the District and Chhattisgarh government before investigation when it is Collector promptly displayed had in 2011 strongly refuted evident that there is no ground to

PUCL BULLETIN, DECEMBER 2016 4 investigate the same," which is 2. Investigation of the murder political ends and their certainly the case in the current case in (Cr. No. 27/2016 PS c o n t i n u e d v i o l a t i o n o f FIR. Tongpal dated 5.11.2016) be fundamental rights and human Keeping in mind the vindictive immediately handed over to a rights of tribals and others in nature of Chhattisgarh police and c e n t r a l , i n d e p e n d e n t Bastar area in particular and their long history of repeatedly investigating agency, such as order a Full fledged Enquiry. persecuting Prof Sundar and the CBI. 5. Finally, the PUCL demands human rights workers over fictitious 3. In view of the seriousness of that disciplinary and criminal matters, PUCL demands: the issue and the possibility of action should be initiated 1. The Chhattisgarh Police arrest of the academicians, the against all police officials, from should immediately stop any NHRC should immediately the SHO to the senior-most IG, coercive action and desist from intervene and direct the police who have been involved in arresting Prof. Nandini Sundar, to follow the law and not arrest contriving this FIR and Professor Archana Prasad, the academics and activists. malevolently subverting the Vineet Tiwari, Sanjay Parate, 4. The NHRC should also take law of the land in order to and other persons who were n o t e o f t h e r e p e a t e d incriminate Prof Sundar and part of the Fact Finding Team in subversions of the criminal other members of her team. May, 2016 based on the j u s t i c e s y s t e m b y t h e Prof. Prabhakar Sinha, President; trumped up FIR, (Cr. No. Chhattisgarh Police, to Dr. V. Suresh, National General 27/2016 PS Tongpal dated implicate innocent persons for Secretary, PUCL National ❑ 5.11.2016).

NHRC Press Release, 17th November, 2016 Note: For several years now, PUCL has been sending reports and representations to the NHRC highlighting the grave human rights scenario prevailing in Chhattisgarh and the targeted attacks by the police and state agencies on human rights defenders and activists in the state. The latest incident involves the motivated and false implication of academics Prof. Nandini Sundar, Prof. Archana Prasad, and others in a murder case many months after their visit to the state and release of a Fact Finding Report on the human rights situation in the state. The NHRC issued directions calling upon the Chief Secretary, Chhattisgarh and the Inspector General of Police, Bastar range to appear before the Commission in Delhi on 30th November, 2016 in which they refer to the PUCL. In view of the importance of the issue we are carrying the NHRC statement in full…. Editor. NHRC summons the Chief Secretary of Government of Chhattisgarh and IGP, Bastar to explain the allegations of hostility and abuse of power against Human Rights Defenders1

1. The National Human Rights for arresting these activists in therefore, it has been alleged Commission has noted and the said FIR. that they have been framed in taken suo motu cognizance of 2. The reports in press and mala fide manner by police to "the nationwide outcry and media over last week have settle scores. It has been protest on IG of Bastar Range alleged that Chhattisgarh stated that FIR has been Shri S.R.P. Kalluri for Police has named Prof. registered in the name of the registering FIR No.27/2016 Nandini Sundar and ten others wife of killed Baghel. P.S. Tongpal dated 5.11.2016 as accused in the murder of a 3. The Commission also takes against Delhi University tribal Mr. Samnath Baghel in Judicial Notice of Petition filed Professor Archana Prasad, Sukma District on 4.11.2016. It by Prof. Nandini Sundar JNU Prof. Nandini Sundar, is reported that he was killed recently in Hon'ble Supreme Vineet Tiwari, Sanjay Parate by Maoists as he had been Court against atrocities by of CPI(M) and Manju Kawasi leading a campaign against Bastar Police against tribal for offences of murder, Maoists activities since April, people by burning of their criminal trespass, conspiracy 2016. It has been alleged that homes. The Hon'ble Supreme and for offences under these professors had visited Court ordered investigation by Unlawful Activities Prevention Bastar in May, 2016, while this CBI. The CBI found S.R.P. Act. It has been alleged that murder has taken place in Kalluri, IG of Police, Bastar she and Prof. Nandini Sundar November, 2016. There is no Range responsible for the a n d o t h e r a s s o c i a t e apparent connection between burning of homes. She has p r o f e s s o r s a r e b e i n g murder and visit of these also earlier filed a petition in threatened by Bastar Police human rights activists and, Supreme Court in Salwa

PUCL BULLETIN, DECEMBER 2016 5 Judum case in 2007 against told that Maoists had attacked their arrest, yet the acts on the atrocities by police in the tribal their house while they were part of police stand on areas. She with other lawyers sleeping on 4th November, independent footing for the and journalists has in the past 2016. The reports also show Commission to intervene. brought to the notice of the that Prof. Nandini Sundar told 9. It is the duty and function of the Commission mass rape of ANI that she and others have Commission to see that the women, murders and other not been in the area for last faith of the people in the police crimes by security officers five months. is not eroded and society is under the umbrella of police. 7. Naming of these human rights governed by rule of law and The Commission is separately activists in the FIR in the faith of people in upholding the examining those complaints backdrop and circumstances human rights of people is and has sought comments mentioned above lends restored and vindicated at the from the State of Chhattisgarh credence of the observation of earliest. on the findings submitted to People's Union for Civil 10. The Commission is deeply the Commission by its team Liberties (PUCL) that all this disturbed by the state of affairs after visiting Chhattisgarh. was part of the State Police in the State of Chhattisgarh 4. The Commission also took vendetta against the lawyers, over last one year or more and suo motu cognizance this journalists and human rights is of the view that the Chief m o n t h a g a i n s t t h e activists who have been S e c r e t a r y , G o v t . o f unprecedented acts of hostility critical of fake encounters, C h h a t t i s g a r h a n d S h r i a n d i n d i s c i p l i n e b y mass rapes, arson, etc. by S.R.P.Kalluri, IGP, Bastar Chhattisgarh Auxiliary Police security forces. The naming of Range should appear in in burning the effigies of Prof. these persons in FIR appears p e r s o n b e f o r e t h e Nandini Sundar and other to be the ploy to stop their Commission 30.11.2016 at lawyers and journalists as they entry and visit to the tribal 11.00 am with all reports to were instrumental in exposing areas for exposing their explain the allegations made the deeds of police. misdeeds. against the police and 5. T h e C o m m i s s i o n o n 8. In the considered view of the administration in the press consideration of the whole Commission, Police of media and by human rights s i t u a t i o n o b t a i n i n g i n C h h a t t i s g a r h i n t h e defenders. Chhattisgarh over more than a circumstances mentioned 11. The Commission also is of the year views the action of above owes its explanation to view that since allegations are registration of FIR against the Commission as there are made against the Shri. S.R.P. Prof. Nandini Sundar and allegations and its action Kalluri, IGP, Bastar Range, the others as an act in line with seems to be coloured by Commission would like to earlier acts of hostility malafide, hostility and abuse know from them why the displayed by police. of power on the allegations of investigation in the FIR now 6. It has also been reported in the false implication to silence the registered should not be press that Mrs. Baghel, wife of human rights defenders. h a n d e d o v e r t o a n killed Samnath Baghel had Though, the Commission is independent agency like CB told NDTV on 4th November, aware of the direction of the CID or CBI." 2016 that she had not named Hon'ble Supreme Court given 1http://nhrc.nic.in/dispArchive.asp?fno Prof. Nandini Sundar or on 15.11.2016 directing issue =34141 @ 20Nov2016 anyone in her complaint. She of notice of four weeks before

Press Statement: 08th November, 2016 PUCL Opposes Political Appointees to the NHRC May challenge it in the Supreme Court The PUCL strongly condemns the the Government for the last two persons who are unsuitable for the decision of the Government of India years. This decision is another post and/or are non-meritorious in to nominate active politician and sinister attempt by the present BJP- terms of their professional Vice President of the BJP, Sh. led NDA government to fill crucial credentials. Avinash Rai Khanna, as the posts in institutions tasked with the The PUCL believes that this member of the National Human responsibility to critically review, decision will harm the credibility, Rights Commission (NHRC), for a oversee, monitor or examine impartiality and effectiveness of the post that has been kept vacant by c o m p l a i n t s r e g a r d i n g t h e NHRC, which has in the past taken functioning of the government , with PUCL BULLETIN, DECEMBER 2016 6 up issues of human rights abuses Punjab State Human Rights objectivity of the NHRC. by governmental functionaries, Commission but resigned when he It may be important to highlight that suo-moto or on the basis of was nominated to the Rajya Sabha. previously during the UPA regime c o m p l a i n t s a n d t h e r e f o r e , Thus, the PUCL believes that the (in 2005), when a retired police appointment of a politician of the present decision is also a move to officer was appointed as a member ruling party such as Sh. Khanna adjust and reward a senior member of the NHRC, it was questioned by compromises the independence, of the ruling party with a the PUCL before the Supreme objectivity and credibility of the government post by treating crucial Court. If the present decision to NHRC and more importantly, it posts as largesse. nominate Sh. Khanna is not creates a conflict of interest. PUCL has always believed in the withdrawn, the PUCL, consistent Adapting a well-known legal adage, independence, credibility and with its approach in these matters, the appointment should not only be impartiality of a body as crucial as will be constrained to take it up in fair and credible but also appear to the NHRC, which is the apex body the Apex Court. be so. for dealing with issues regarding The PUCL is equally shocked and Section 3 (2) of the Protection of protection of human rights surprised how the opposition Human Rights Act, 1993 under committed both by police as also by members on the selection panel which the NHRC is formed and security forces. The principle of agreed to the appointment of Sh. constituted states that apart from neutrality of the NHRC members is Khanna, defeating the principle of former Judges of the Supreme or particularly crucial and important checks and balances provided in High Courts, two other members for many times the NHRC is called the Protection of Human Rights Act, will be "appointed from amongst upon to investigate mass human 1993. persons having knowledge of, or rights abuses by security forces The PUCL also calls upon all practical experience in, matters with allegations of complicity of the citizens to continuously remain relating to human rights". It is clear political executive. Organizations vigilant and oppose all anti- that Sh. Khanna does not have the such as the PUCL and other democratic and anti-human rights relevant experience in the field of individual human rights defenders actions and decisions, such as the human rights. Furthermore, Sh. have often approached the NHRC present one, of the Government so Avinash Rai Khanna has been for a speedy and effective that institutions such as the NHRC associated with the BJP for the last intervention in human rights retain their independence, several decades and was an m a t t e r s i n v o l v i n g s t a t e credibility, effectiveness and keep "Active member of A.B.V.P., R.S.S. functionaries and governments. holding the government of the day during student life" as per his Appointment of a senior practicing accountable for any human rights biographical sketch on the Lok politician, especially belonging to abuses. Sabha website. It is further to be the ruling political party, therefore, Prof. Prabhakar Sinha, President; noted that Sh. Khanna was will seriously compromise the Dr. V. Suresh, National General previously made a member of the independence, fairness and Secretary, PUCL National ❑

Press Statement: 05th November, 2016 Oppose the Anti-Democratic Decision of the GoI against NDTV India! Withdraw the Ban of Telecast by NDTV India on 9-10th November, 2016! The PUCL strongly condemns the with it the right to freedom of t h a t t h e a l l e g a t i o n w a s decision of the Ministry of speech and expression of the unsustainable and unjustified as Information and Broadcasting to people, if it suits their political the information had already been punish Hindi news channel, NDTV interest to prevent dissent and made public and published by print India, for revealing "strategically – democratic criticism of its policies. media and electronic media before sensitive" information while The Ministry based its decision on its telecast. The Committee covering the Pathankot attack in an Inter-Ministerial Committee however not only rejected this as a January, 2016 by ordering that the which rejected the reply of NDTV "mitigating factor" but also Channel close down telecast for a India. The Government had recommended that NDTV India day between 9-10th November, a c c u s e d N D T C I n d i a o f needed to be punished. 2016. The decision is reminiscent compromising national security by On the face of it, the decision of the of the Emergency period when the providing details about the location Inter-ministerial Committee and the media was muzzled and is a chilling of terrorists, civilian dwellings, fuel Ministry of Information and reminder that the present BJP-led and ammunitions dump during the Broadcasting is legally untenable, NDA government will not hesitate to Pathankot coverage in January, ethically unacceptable and crush freedom of the media, and 2016; NDTV, in its defence, had factually fallacious. It is not denied pointed out with facts and evidence PUCL BULLETIN, DECEMBER 2016 7 by the Ministry that several print We cannot miss sight of the fact vital prerequisite of democracy. and visual media had already made that amongst the very first PUCL has always fought for the public details which NDTV India decisions of the Modi-led Central media's right to freedom of speech was accused of before NDTV Government soon after being a n d e x p r e s s i o n w h e n e v e r India's coverage. While so the elected to power in May, 2014 was governments sought to silence and punitive action against NDTV India to take vindictive action against curb media freedom, anywhere in s m a c k s o f a r b i t r a r i n e s s , NGOs, especially environmental the country. discrimination and clearly exhibits N G O s a n d o t h e r r i g h t s The PUCL therefore calls upon all the true intent of the NDA o r g a n i s a t i o n s w h i c h h a d democratic sections of society to Government to crush anyone from challenged different private immediately raise their voices c r i t i c a l l y q u e s t i o n i n g t h e industrial and development demanding a revocation of the G o v e r n m e n t ' s p o l i c i e s , projects as being anti-people and Government of India's decision programmes and actions. The environmentally destructive,, as imposing ban on telecasting by vindictive action against NDTV threatening "National economic NDTV India between 9-10 t h India is thus a warning to other security" by banning them. Since November, 2016. PUCL also calls media agencies of the fate that then, the government has politically upon all other media professionals awaits them if they challenged the sought to crush all dissent groups and organisations to stand unitedly government's line. and critics of the regime by dubbing and collectively express its The Editors Guild succinctly them as threats to "national opposition to the one-day ban on outlined the threat posed by the security" and criminalising dissent, telecasting by NDTV India. government's action pointing out f a l s e l y p r o s e c u t i n g r i g h t s The PUCL also calls upon all that by, "Imposing a ban without defenders under the dreaded and citizens to continuously remain resorting to judicial intervention or anti-people Unlawful Activities vigilant and oppose all anti- oversight violates the fundamental Prevention Act (UAPA), National democratic and anti-human rights principles of freedom and justice.... Security Act, sec. 124A (anti- actions and decisions of the This first-of-its-kind order to impose sedition law) and so on. The latest Government (both Central and a blackout has seen the Central decision is now the unparalleled State) so that our precious government entrust itself with the action to ban telecast for a day fundamental rights and freedoms power to intervene in the between 9-10th November, 2016. are not crushed, emasculated and functioning of the media and take PUCL has always believed in the denied. arbitrary punitive action as and indivisibility of the media's freedom Prof. Prabhakar Sinha, President; when it does not agree with the of speech and expression and that Dr. V. Suresh, National General coverage". a free and independent media is a Secretary, PUCL National ❑

Chhattisgarh PUCL: Press Release: 6.11.2016 Protest against Gagging of Media by Modi Government "Stop Attacks on the Right to Freedom of Expression" Raipur: Various organizations city of Chhattisgarh – Raipur – from People's Union for Civil Liberties – staged a protest demonstration 4:30 pm on Sunday the 6th of C h h a t t i s g a r h ) , A d v S u d h a against the order of the National November,2016, registering their Bhardwaj (General Secretary, Democratic Alliance (NDA) protest against the utter violation of People's Union for Civil Liberties – Government gagging the Media in the Fundamental Right to Freedom Chhattisgarh), Comrade Sanjay utter violation of the Indian of Expression guaranteed in the P a r a t e ( S t a t e S e c r e t a r y, Constitution. Recent among these Indian Constitution. The demands Community Party of India – is the Information & Broadcasting include immediate withdrawal of Marxist), Dr. Sanket Thakur Ministry of GOI issuing an order to the gag order against NDTV, and (President, State Unit of Aam the NDTV to go off air for 24 withdrawal of false criminal cases Aadmi Party), Comrade Nand hours. The 24-hour suspension against journalists/media persons Kumar Kashyap( Chhattisgarh was imposed as a penalty for filed by the State Police, put an end Farmer's Rights Organisation), NDTV's coverage of an attack on to violent attacks by vigilante Alok Shukla (Chhattigarh Bachao the Pathankot air force base. groups and immediate release of a Andolan), Comrade Kalyan Patel Several people representing number of media persons in (Chhattisgarh Mukti Morcha – people's organizations held Chhattisgarh. Worker's Committee), V S Prasad placards in their hands in front of Dr. Participants in the Protest included Rao (Chhattisgarh Christian Ambedkar's statue at the capital Dr. Lakhan Singh (President, Organisation), Akhilesh Edgar

PUCL BULLETIN, DECEMBER 2016 8 (Alliance Defending Freedom expressed concern at the targeting Samyukt Sangharsh Samiti (United India) Adv. Shalini Gera (Jagdalpur of media persons by the State Struggle Body for the Security of Legal Aid Group), Rajendra K Sail Government, mostly working in Journalists) have already demand (Former President, CG PUCL), Adv conflict zones like Bastar, who are a special law for the protection of Swati Gupta, Ashita Awasthi being haunted and harassed by the journalists in Chhattisgarh. Atiyendriyo and Kapoor Vasnik. State Police and Security Forces in Alok Shukla, Chhattisgarh Bachao T h e s e o r g a n i z a t i o n s a l s o the name of "curbing naxalism". CG Andolan (Mobile:099776-34040). PUCL and the Patrakar Kanoon ❑

PUCL National: Press Statement, 01st November, 2016 Condemn Malkangiri Encounters! Halt the War on Our Own Citizens!

PUCL expresses its strongest security forces with the relief supplies on 26th March, 2011. s e n s e o f o u t r a g e a n d connivance / complicity of the The police and Chhattisgarh condemnation for the killing of State or Government has government had in 2011 strongly about 39 members of the CPI substantially criminalised the refuted involvement of security (Maoist) party and other Adivasis security forces dealing a death forces in violence on villagers and near Balimela reservoir in blow to the rule of law and instead continuously alleged that it Malkangiri district of Odisha close criminal justice system. was the Maoists and villagers th to the Odisha – AP border on 24 2. Police Impunity, lack of themselves who had burnt down October, 2016. Though the police accountability of security the houses. claim that the killings were a result forces and Complicity of State The truth has been exposed now of a sudden encounter and – Failure of Constitutional thanks to the independent resultant fire-fight, all the available governance: The Malkangiri investigation by the CBI having c i r c u m s t a n t i a l i n f o r m a t i o n killings once again strongly been ordered by the Supreme indicates that there is sufficient points out to the sense of Court of India into the Tadmetla ground to disbelieve the story put impunity and the lack of incidents. It will be useful to note f o r t h b y t h e p o l i c e a n d accountability with which the that the CBI investigating team Government. All the tell tale signs of security forces operate in the itself met serious threats and a false encounter killing lend weight country. Very disturbing is the intimidation from the state police to the allegation that many of the role of the State or Government while completing investigations. killed Maoist leaders were actually in ensuring strict compliance PUCL demands that the guidelines apprehended previously, shot in with the Indian constitution on given by the Supreme Court in cold blood and a fake encounter the part of the security forces `People's Union for Civil episode fabricated to explain the lending weight to the allegation L i b e r t i e s v s S t a t e o f killing of all persons allegedly that they are complicit with the Maharashtra' case (2014) should involved. Torture marks are also subversion of rule of law and be enforced without exception. The said to have been seen on the constitutional governance. mandate of law requires that in bodies of those killed. The latest proof of state complicity every instance of encounter killings This incident raises yet again in lawlessness of security forces a FIR has to be registered and substantiates very worrying trends and the false staging of encounters investigated by independent police noticed in the response of security and actual commission of violence agency. forces in conflict areas: against uninvolved villagers came Considering that the Special Police 1. Politics of annihilation, in the Supreme Court when in forces of the 2 states, Odisha and c a p t u r i n g n o m i l i t a n t s : October, 2016, the CBI filed a AP, have been involved in the Subversion of Criminal Justice chargesheet in the Tadmetla arson alleged encounters and the System: A noticeable feature of case (of 2011 in Chhattisgarh) continuing allegation that the state this encounter killing, as in implicating 323 Special Police governments in both states have many other recent killings, is Officers (SPOs) / Policemen as well supported and ensured impunity that the security forces end up as 114 personnel of COBRA and 30 and immunity enjoyed by the police eliminating or killing all personnel of CRPF as having from investigation, there are members of the alleged militant participated in operations in enough grounds to feel that group claiming that there was Morpalli, Tadmetla and Timapuram independent, impartial and credible no alternative. Such practice of villages of Chhattisgarh resulting in investigation cannot be done by the eliminating all militants is the killing of 3 men, rape of 3 police forces themselves into the resorted to leave no eye women and burning down of over encounters. w i t n e s s e s t o t h e f a k e 250 houses between 11th to 16th PUCL therefore demands: encounter alive. This unbridled March, 20111 and attack of Swami (i) that a Judicial enquiry be power exercised by the Agnivesh when he went to deliver initiated headed by a sitting

PUCL BULLETIN, DECEMBER 2016 9 Supreme Court or High Court PUCL Case 2014. and 9 others who are supposed judge into the killings so that to be in the custody of the AP (iii) The Government of AP and the th the truth of the killings can be AP State Police should comply Police since the 24 October brought to light. with the Orders passed by the incident and ensure that their (ii) A FIR should be registered into AP High Court on 31st October, personal safety, life and well t h e e n c o u n t e r k i l l i n g s , 2016, to immediately produce being are protected. providing the names of all b e f o r e t h e C o u r t , Prof. Prabhakar Sinha, security personnel involved, as Ramakrishna @ Akkiraju President, PUCL; Dr. V. Suresh, required by the SC judgment in Hargopal @ AK, Gaajarla Ravi General Secretary, PUCL ❑

Press Statement: 08th November, 2016 Press Statement on PUCL National Team's Visit to Kashmir Valley Srinagar/Delhi, 24th October, 2016 An all India team of the PUCL and senior lawyers of the thousand to the 15th of October, the total visited the Kashmir valley after the member strong J & K Bar, several number of civilians killed by the 100th day of people's protests press and electronic media police and the security forces was beginning 9 t h July and the persons, young entrepreneurs and 101 with the largest numbers of government clampdown that were b i g b u s i n e s s m e n , r e t i r e d those killed coming from Anantnag taking place there. The team was bureaucrats and Government district. It was reported that 12 led by Dr. V Suresh, General personnel, Anganwadi workers and people died due to pellets fired by Secretary of the PUCL and daily wage earners. the forces. It was also learnt that 1 included Kavita Srivastava The team also met with a few policeman too was killed in mob (National Secretary), Ramdas Rao Kashmiri Pandit families and a violence. (National Council Member) and prominent leader of Pandits in the Reportedly, a total of 15,000 Pragnya Joshi (National Council valley. The team members persons were injured in this period Member). PUCL member Prof. interacted with policemen of the with 12, 344 being admitted in Jean Dreze was with the team police station of Pampore and various hospitals. About a briefly. Also accompanying the visited the office of the IG Kashmir thousand persons were injured in team were two independent but could only talk to him over the eye due to pellets resulting in persons: Parul Abrol (independent telephone. The team was not 300 cases of blinding, which writer and journalist) and advocate allowed to meet with Syed Ali Shah included a large proportion of Mustafa. The team stayed in the Gilani, the Hurriyat leader under school going children. According to valley between 14th to 22nd October, house arrest, by the police the same list, 4500 persons with maximum members staying guarding his house nor by the suffered injuries in other body parts between 17th to 22nd October 2016. Inspector General of Police whose due to pellets and shelling and The team visited and met the permission was formally sought. 4664 were injured by bullets. Over injured and families of the The team could not also get an 8000 people have been reportedly deceased in Batamaloo and Idgah appointment with the Chief Minister arrested, including 1000 from area of Srinagar, Batingu and of J &K, Ms. Mehbooba Mufti, Srinagar city itself. More than 2300 Veesu in Anantnag district, Churhat despite attempts to do so. FIRs were registered by the police in Kulgam district, Khrew in Some of the important facts of against the people; in contrast Pulwama, and Shopian town. the last hundred days are as complaints lodged by civilians The team members, had lengthy follows: against security persons numbered interactions with families of people Following the alleged extra judicial only about 7. booked under Public safety Act, killing of Burhan Wani on the 8th of It was learnt that 382 individual (PSA), families of the deceased July, protests characterized mostly petitioners have challenged their who had had lost their lives in firing by stone pelting demonstrations detention under Public Safety Act, or other use of force by the security broke out throughout the valley. 1978 in the J&K High Court. It is forces, survivors of violence, The government responded by estimated that about 434 people doctors of Shri Motilal Hari Singh heavy and forceful military were detained under PSA, (SMHS) hospital, some of the clampdown which resulted in a including human rights activist injured people, either admitted in continuing spate of killings, injuries Khurram Pervez and lawyer Zahid the hospital or outside, Human and arrests of people which Ali. The FFT was informed that 12 J rights workers of the Jammu and continues unabated almost every & K government employees were Kashmir Coalition of Civil Society day till the present. In fact, the sacked for allegedly supporting the (JKCCS) along with independent PUCL team was devastated by the protests. activists including RTI activists, scale of all round human suffering it Reports of vandalism and violence academics and student leaders. witnessed in Kashmir. during raids by the police, security The FFT also met several ordinary The team learnt from JKCCS forces and the army were reported people including young protestors. reports, the media, through lawyers by many. Beating of residents, firing The team met the office bearers and doctors, that from the 9th of July at transformers and making them

PUCL BULLETIN, DECEMBER 2016 10 dysfunctional, cutting of water brutalities committed by the the protest action, there supply as for example in district Indian Forces against unarmed however remained a small Bandipora, setting ablaze fields civilians, in which even women section of people who were and burning of a school by the and children were not spared. getting inconvenienced by the security forces were also reported • The common people have lost continuation of the hartal. by the people. faith in the ordinary democratic • There was acute anger against Raids were conducted in the offices modes of redressal as they the loss of lives of people of newspaper Greater Kashmir believe that they are heavily (particularly children, youth which resulted in all Kashmiri biased against them. For and women) and injuries newspapers stopping publication i n s t a n c e n o F I R s a r e caused by pellets, bullets and for five days. The Kashmir Reader registered against offences shells fired by the security has been banned since the 2nd of committed by the armed forces forces, including the Army, October. Immediately after the 9th of or the police, and even if Rashtriya Rifles (RR), Central July, all Pakistani news channels registered there is never a fair Reserve Police Force and the J were taken off the air and initially investigation, much less &K Police. Most of the firing, the Government also blocked 5 prosecution. They were of the according to people, was Indian news channels for their view the view that in the face of unprovoked and targeted. The reportage on Kashmir, which was overwhelming failure of all the use of pellets as a means to later withdrawn. According to democratic institutions in curb protests was looked upon complaints by media persons, responding to their political as an instrument of blinding curfew passes of journalists were grievances and aspirations, and maiming the young. It was not honored by the forces including stone throwing has become the argued as to why in situations the army. Many journalists only method of expressing their of equally violent protests in complained of beatings. Two sense of anger and frustration, Haryana and Karnataka, journalists were reportedly targeted especially among the youth. pellets were not used as they with pellets firing guns while doing • T h e r e w a s a m a j o r i t y were against the Kashmiris. their professional duty. Senior participation in the hartal This was cited as an instance photo Journalist Danish Ismail's announced through the of discrimination against the house was allegedly damaged. A Hurriyat weekly calendar. This Kashmiris. crackdown was conducted on hartal is a complete shutdown • For the first time in Kashmir as voluntary organisations who were of all private establishments many as six women were killed organizing relief work in the including public and private and several injured. Perhaps premises of SMHS Hospital transport from 7am to 5pm for the first time all women including providing free medicines, every day but for 24 hours on public protests (juloos) and the ambulance services and free food Fridays with schools, colleges participation of women in and tea. All email and internet and other academic institutions Janazas (funeral processions) services remained closed for most completely closed. Courts had i n l a r g e n u m b e r s w a s time throughout this period from 8th partially reopened when we observed. Young women were July till 17th October, 2016. v i s i t e d . H o s p i t a l s , very vocal and said that too Some of the key observations of Anganwadis, Pharmacies, m u c h b l o o d s h e d h a d the PUCL Team are: PDS shops, media houses happened and that there could • The anger against the security were kept out of the hartal, with be no compromise this time. forces was simmering since tea and bread shops being While older women could not 2008 and 2010, when 67 and partially open. It was also believe that there could be a 144 killings had happened in a stated by most that even if the Government who could government clampdown. The hartal fizzles out in a few days repeatedly kill masses of its killing of Burhan Wani, who or weeks this time, the agitation own people. There was the fear was a popular militant leader which has started will not end of house raids by the forces amongst the youth, acted as a but will continue with bigger and women being violated. vent and triggered this phase of and more violent eruptions in • It was shocking to learn that protest. the future. security forces did not spare • Demand for Azadi, clearly • A difference between the janazas (funeral procession) expressing alienation from protests and collective action in and the casualty wards / India with people very vocal 2016 and previous protests sections of the hospital. Videos about their lack of faith in the was said to be over the were displayed showing Indian State, was an all overwhelming support of s h e l l i n g o n f u n e r a l pervasive voice across villages ordinary citizens, cutting processions. Doctors talked of and cities, professionals and across class, education, shelling inside the casualty the ordinary, young and old and professional and urban / rural area of SMHS hospital, of men and women. This was lines to the hartal call in 2016 attacks on ambulances and reiterated by the people the as contrasted to previous private vehicles carrying the team met in the valley in the protests. Even while the bulk of injured and causing delays light of the continuing ordinary Kashmiris supported w h i c h l e d t o p a t i e n t s

PUCL BULLETIN, DECEMBER 2016 11 succumbing to death. It was its integral part. Repression by injured and committed other also unbelievable that many the armed and other security atrocities on the people. security men were profiling the forces is very visible in the 7. Set up a judicial commission seriously injured instead of state. headed by a sitting judge of the ensuring quick treatment. • The Team observed that the SC to look into the alleged • The loss of livelihood leading to humanitarian crisis was extra judicial killing of Burhan a situation of hunger amongst aggravated because the Wani and other similar cases. the poor was being handled by hospitals did not get any 8. The ban on Kashmir Reader Baitul Maal, the local mosque support from the Government s h o u l d b e i m m e d i a t e l y committees which provided of India by way sending in withdrawn and the publication money and food. Some people medical specialists, especially be allowed to function gathered here for relief did Opthalmologists, nursing normally. The government complain of the distress personnel and medicines to the must also stop all persecution caused by the long hartal that Valley. The lack of support from of media, including by means had jeopardized the poor the Government was despite o f d e n y i n g g i v i n g people's food security. the observations made by the advertisements by the State • There was a general feeling, team of AIIMS doctors who and Central Government as a with the young being more visited in July, 2016 who means of pressurizing the vociferous, that lodging an FIR described the situation as "war media to toe the government or demanding compensation like". line. with respect to the killings or The PUCL team makes the 9. There should be no curtailment injuries of their loved ones was following interim of the right to freedom and of no consequence as there recommendations speech expression of the were no cases where the army 1. The GOI should ensure the media and also of civil society or police or CRPF personnel release of Human rights organisations and people. All were convicted for their crimes defender Khurram Pervez peaceful protests should be in the past. Some who went to immediately and withdraw all permitted. lodge FIRs were threatened criminal cases against him. 10. The Government of India and J with dire consequences and 2. T h e G O I a n d J & K & K Government should therefore refrained from Government should release all immediately approve all files lodging cases. The paramount Hurriyat leaders and hold related to granting `Sanction to vocal opinion regarding unconditional talks with them Prosecute' government, engaging with the Indian state and representatives of the police, security and army apparatus was that we have no other sections of the people, personnel found guilty of trust in them, then why waste including the youth, in order to having committed offences time with them. They also felt break this impasse and move based on criminal investigation that in any case Martyrs were t o w a r d s a p e r m a n e n t in cases pending in criminal above prosecution. Despite resolution of the Kashmir courts and which have not this, we met some of the dispute. been cleared for long periods families who had lodged FIRs 3. All political leaders, activists of time. but were not hopeful of a and young protestors detained 11. The Government of India tangible outcome in view of the under the Public Safety Act, should immediately ban the SC judgment in the Tengpora 1978 (PSA) and other criminal use of pellets guns on protests case. charges should be released and demonstrations. • For the first time human rights immediately and all cases 12. The current approach of the activists have been targeted against them should be State is premised on the fact and the arrest of Khurram withdrawn or revoked. that they can militarily Pervez of JKCCS shows that 4. The Government and security subjugate the Kashmiris by they want to silence all dissent forces should lift curfew and causing suffering and crushing and support that human rights other restrictions throughout them economically and activism provides to the victims the Valley and cease all p o l i t i c a l l y. T h e g r o u n d of human rights abuse. hostilities against the civilian situation, as observed by the • The banning of Kashmir population. There should be FFT, reveals that far from R e a d e r s h o w s t h e demilitarization of the Valley silencing the ordinary Kashmiri undemocratic functioning of including withdrawal of security people, such brutal military t h e S t a t e w h i c h i s forces from civilian areas. methods have only resulted in uncomfortable with free 5. PSA, 1978 and AFSPA must be alienating the local population speech, a basic human right repealed from the statute by increasing their sense of and foundation of democracy. It books. anger and injustice on one is difficult to avoid the 6. Facilitate the filing of cases hand and on the other hand impression that the Indian against members of the making them, especially the State seems at war with the s e c u r i t y f o r c e s w h o youth, more resolute and people of a region it claims as indiscriminately killed and determined to continue the

PUCL BULLETIN, DECEMBER 2016 12 struggle for political resolution, being, rights and dignity of the release of Pervez Khurram. The full irrespective of the price they Kashmiri people. As a first step, report will be released in may pay. There is thus an the government should initiate November, 2016. u r g e n t n e e d f o r t h e confidence building measures Sd/- Government of India to revise to build a sense of trust and Dr. V. Suresh, General Secretary, this militaristic policy and for c o n f i d e n c e i n o r d i n a r y PUCL; Ms. Kavita Srivastava, Indian leaders to demonstrate residents of Kashmir National Secretary, PUCL; greater statesmanship in The PUCL will continue to dialogue Ramdas Rao, National Council dealing with the Kashmir issue with the people of Kashmir through Member, PUCL; Ms. Pragnya by recognising the political visits and other means. It will also Joshi, National Council Member, aspirations of the people of raise awareness regarding PUCL; Jean Dreze, Member, Kashmir and charting a policy Kashmir in other parts of the PUCL ❑ which ensures the welfare, well country. It will also campaign for the

Indo – Pak Goodwill – The Road to Mutual Prosperity Rajindar Sachar The collapse of the government farmers who are committing suicide PM's comment that, "earlier one machinery, disgrace abounding, in Maharashtra. had heard about Israel doing such permanent stain on India's boast of It was then cynically suggested that things – now the country has seen secularism and rationalism were Pakistani actors can be engaged if that Indian Army is no less", was an some of the instant thoughts that they condemn Pakistani attack – is ignorant bloomer - I am sorry Modi came to me when I learnt of the such a suggestion not only made such a statement without surrender terms of release of Karan disgraceful but is rather a self consulting the foreign office who Johar film "Yeh Dil Hai Muskil". inflicted wound – because then would have told him that Israeli It is self evident that this boosting of question may well be asked why A r m y r e c e i v e s u n i v e r s a l Raj Thackery by Chief Minister then Indo-Pak trade which shows condemnation for its barbarous Maharashtra (who though he is that over the last 12 years it has attacks on Palestine at every year technically in partnership with grown 8 times from just 345 million at meeting the U.N. General Udhay Thackery, Shiv Sena) was a dollors to 2.6 billion dollors - India Assembly meetings since over last politically expedient self interest exports four times Pakistani 30 years. tactic. Imports. This is true even in the This laughable matter of RSS Proudly Chief Minister announces matter of entertainment. A blow up parade being the inspiration of that he has telephoned Raj and a by this pseudo patriotism has PM/others of training at RSS rally is mutual Settlement has been resulted in enforcing a complete equivalent to the similar idle and arrived at under which Karan would ban by Pakistan on Indian TV and laughably parallel boast of English donate Rs. 5 Crores to the army Radio. This fake patriotism will ruin aristocracy that , "Battle of fund and promised not to engage both the neighbours. Waterloo against Napoleon was Pakistani actors in future. In my view in creating anti – Pak won at the playing fields of public At this dark hour of cravenness, a feelings, Prime Minister and school Eaton". small message from a army Defence Minister cannot escape It is unfortunate that in this jingoism veteran shot up condemning the their responsibility. I say this of hysteria being spread by RSS involvement of the army in this petty because in the wake of strategic pupil Parrikar and Modi, Congress politics and making it clear that the strike controversy (In which of Party should try to out do this army will not accept this money. course Rahul's intervention made jingoism as was openly done by the The pulse of a common person in t h e C o n g r e s s s q u i r m ) w e Congress leader Anand Sharma India is sounder and more honest w i t n e s s e d a n e v e n m o r e demanding that government than that of politician - in the cynical embarrassing antics of Parrikar, should declare the terror attack words of George Bernard Show when he "enlightened" the country against the security forces at "Politics is the last resort for a by declaring that he feels that army Udhampur Pathankot, and Uri as scoundrel" or even the more has been motivated because of his "Acts of War". cynical one of Samuel Johnson training even though as a small I am deeply sad that Rishi Kapur writer, who noted that "patriotism is time RSS volunteer. Of course, should have said that "Indian the last refuge of a scoundrel". Minister, gave main credit to Modi's Industry will not work with any The undertaking given not to Leadership due to his longer Pakistani actor in the future". Has engage Pak actors in future is an training in RSS Shakhas. How Rishi forgotten one of his best act of disgrace of surrendering to laughable - what of 1965 war with earliest film "Henna" made in 1991 ruffian politics. Will Karan and Pakistan which is legendary. The where the heroine was Pakistani others at least now show their Prime Minister then was Lal Bahdur Film actress Zeba Bakhtiar and "penance" by donating Rs. 5 Shastri, whose antipathy to RSS is shot in area of Pakistan – the story Crores if not more to the distressed well documented. of Pakistanis helping him to cross

PUCL BULLETIN, DECEMBER 2016 13 Jhelum river in Pakistan safely nation was jolted, people picked up penance I will deny myself the back to India by protecting him from courage. As US Army reacted in pleasure of seeing this film either in Pakistani ruffians. It is worth protest like ours army, McCarthy Cinema Hall or even on T.V. emphasizing that at that time was thrown out of public life and his because having spent my first 25 militancy in Kashmir (supported by career ended in dumps. Can we not years of life in Lahore (Pakistan), I Pakistan) was at the highest level. stop this mud slinging by small time at least owe that much to both the Such is the fear being spread that it politicians at creating a terror countries. reminds me of somewhat similar atmosphere for those who want It is somewhat heartening to read situation after the Second World better relations with Pakistani the statement issued by Hina Jilani War in U.S.A. when Senator people and enjoying their talent in (Pakistan) Chairperson of SAHR – McCarthy spread his anti films, Sufi Music and quawalis, a human right organization communist hatred so viciously that which is common heritage of both representing India, Pakistan, he succeeded in creating an our countries. Lanka, Nepal, namely; "SAHR atmosphere of terror amongst But unfortunately this mutual boast appeals to the governments of established writers, cinema actors, at border killing by both Pakistan India and Pakistan to respect the and there was a deadening silence and India are being treated, as if it is sanctity of LoC and IB. It also at any protest from the public – But a number of how many goals in strongly urges both governments to fortunately for free speech, he over hockey match have been scored immediately implement the acted and tried the same vilifying against each other. What a shame. Ceasefire Agreement of 2003 in accusations against U.S. Army. I am fond of seeing films (though letter and spirit". And then he met his nemesis. The not a cinema buff). But as a Dated: 04/11/2016, New Delhi ❑

PUDR Press Statement: 2nd November, 2016 Banned and Damned to Death Press Statement on Custodial Killings of SIMI Undertrials On the morning of 31st October literally held on to their guns, crimes, or terror threats across the eight male Muslim undertrials- justifying the police action. country, with an astounding Amjad Khan, Mehboob alias Apart from the patently false claims regularity, in crimes ranging from Guddu, Zakir Hussain, Mohammad regarding the 'encounter', there are plans to kill RSS and BJP leaders; Salik, Akeel Khilji, Mohammad connections between the killings, blasts in Pune, Bengaluru, to Khalid, Mujeeb Shaikh, Majid- all which point towards a nefarious explosions in Bijnor, UP; to the accused in SIMI related cases, design, an escalation in the MP Chennai railway station; to armed were brutally shot dead by the police's anti-Muslim actions using robberies in Karimnagar, Satna Madhya Pradesh (MP) Police. As SIMI. Recent events suggest that to (MP) to name just a few. per the police, the eight had the earlier use of UAPA, By October 2016 all five had been allegedly escaped from Bhopal m e m b e r s h i p o f b a n n e d shot dead. Aslam and Aijajuddin Central Jail, were armed and organisation and circulation of were shot dead by the ATS in dangerous, and the police had no banned literature, has been added Nalgonda in April, 2015, days option but to take them out. The the dimension of fake encounters, before five Muslim undertrials facts recounted by the police about building on allegedly attempted or being taken to court were killed in the jail break have since been successful jail breaks. The the police vehicle when they disproved or are at the very least following are illustrative. allegedly tried to overpower their highly contested. How could eight A Prelude- the Khandwa Jail seventeen strong police escort. inmates scale a 30 feet wall? How Break The killings significantly occurred in could they evade the surveillance Of the eight killed, three were part the same month just before 17 SIMI of watch towers and security of the six SIMI undertrials- Abu accused were acquitted in the Hubli cameras? The absence of arms, of Faisal, Aijajuddin, Aslam, Amjad, case. bullets; photographs of the Mehboob alias Guddu, and Zakir The three other surviving Khandwa undertrials with arms raised in Hussain - who escaped in the escapees -Amjad, Mehboob alias attitudes of surrender; of policemen nefarious Khandwa jail break of Guddu, and Zakir Hussain- shooting at the fallen men, October 2013. rearrested from Rourkela in Orissa contradictory statements from Since their escape in October (together with Mohammad who too authorities, bullet injuries primarily 2013, the five absconding (Faisal was killed) in February 2016, too above the waist -are only some of was rearrested soon after) are dead by 31st October, 2016. the questions that give the lie to the Khandwa jail break undertrials had Who are the dead? What are the official story, and point towards a been among the favourite stories of these 'notorious cold blooded custodial killing. The bogeymen of the MP police, ATS terrorists'? MP Police and state and central and NIA. They had been touted as While PUDR has been able to governments, however, have accused in investigations of terror recover only four of the stories, and PUCL BULLETIN, DECEMBER 2016 14 these too remain incomplete, there lawyer, he hadn't signed. and, of course, in 2011. Despite his are patterns in common that An important SIMI operative, multiple offences, he was acquitted highlight our concerns about the Akeel Khilji- The pattern of arrests in the first case (of 2001) in October targetting of Muslims, the politics of under UAPA, acquittals, slapping of 2012 by a Khandwa court as the terror and the complicity of the m o r e c a s e s , c o n t i n u i n g judge could not find anything police agencies. incarceration and finally custodial objectionable in the literature The three infamous Khandwa jail killing, ie, the witchhunt being recovered from him. On 30th escapees- Amjad Khan, a wage carried out against Muslims in the September 2015, he was acquitted labourer with no police record, had guise of the SIMI terror cases, and a second time. He had however, his first encounter with the police in the lawlessness of the MP police, is other cases against him and was 2007 when he became a witness in perhaps most vividly illustrated in not discharged. A year later he has a case of a local skirmish. First Akeel Khilji's case. been killed. arrested under UAPA in 2008 for In the 13th -14th July 2011 raid Why had these undertrials storing SIMI publication, he was mentioned above, on a banned outlived their use by date? finally acquitted in early 2013. In meeting in his house, ten people An answer can perhaps be sought the meantime however, Amjad was were arrested under S. 153 (A) IPC, in the fact that with their deaths, named with fourteen others for S 3, 10, 13 (membership of a several 'SIMI terror cases' have allegedly hatching a terror plot in banned organization) of the UAPA either closed or fallen apart. All Akeel Khilji's house in Khandwa on and Sections 25 and 27 of the Arms those facing trial in the parking lot the night of 13th June. Ten were Act, while five others escaped. The explosion of the Faraskhana PS, arrested; five fled. A few days police was categorically on the Pune of July, 2014, being earlier, his family had filed a plea lookout for Khilji as he was said to investigated by the ATS, are now about illegal detention. The police be an important SIMI functionary. dead. The Bijnor (UP) case of 2014, finally did not list a charge against Akhil Khilji was arrested in of an explosion in a house while Amjad. Notably, the 13th June case Maharashtra in March 2012 on the making a bomb, handed over to the made headlines in September basis of his nephew Khaleel Khilji's NIA in 2015, in which it was yet to 2015 when nine of the accused police confession elicited in the file a chargesheet too now seems were acquitted, including Akeel course of a staged encounter. destined for closure, as all six Khilji, another of the dead. Khaleel Khilji was shot at and badly accused, ie, the five Khandwa However, Amjad continued to be in injured by the Maharashtra ATS on escapees, and Mohammad Saliq, jail as he had also been implicated 2 6 t h M a r c h 2 0 1 2 , n e a r also killed in the recent encounter, in the murder of an ATS Constable Aurangabad. After the initial are all dead. The encounter killings in November 2011. bungling over names, as the police seem to have come rather The case against Mehboob, a tailor was not sure who it had killed and opportunely for the MP police and from Khandwa, who took up who it had injured, it maintained NIA, already infamous for filing fake stitching work from shops, also that the injured Khaleel Khilji (it had cases, resulting in acquittals. dates back to 2008 in the wake of killed Azhar Qureshi), was as The violations are that much easier Hindu-Muslim altercations in their dreaded as his uncle, Akhil Khilji. in MP as other mechanisms to locality. Mehboob was arrested for Interestingly, when this "encounter" safeguard human rights have been inciting communal hatred. He was was presented before the 2014 completely subverted. The MP acquitted in the 2008 case, but was Tribunal, the investigating officer, Human Rights Commission has accused of involvement in the AS Nandedkar, had to admit that he asked the DIG to submit a report on murder of ATS Constables in 2009 had nothing by way of proof, to the encounter while the focus of its and 2011, and planning attacks show that Khaleel Khilji was a SIMI inquiry remains only on the security against RSS-BJP functionaries. member. lapses. This is hardly surprising Following the arrest of people from Akhil Khilji was first arrested in given that earlier headed by a his locality in 2008, Zakir, a mason, 2001 during the nation-wide retired Supreme Court judge or a fled. June 2011 was a crucial year crackdown, following the first ban High Court Chief Justice, the office for Zakir, a construction worker with on SIMI by the then NDA led of the Chairperson of MP Human no prior record, as well. He was government. He was arrested on Rights Commission is currently picked up allegedly from the charges of anti-national activities occupied by a retired IPS officer. Ratlam railway station after and booked under S. 153 (A) and S. The other rights' watchdog, ie, civil sustaining a bullet injury in a 13 of the UAPA, even though the society groups are also facing the shootout. He was arrested under supposed SIMI activities included wrath of the State. On 2 n d UAPA, and accused in serious four calendars of SIMI printed November, while holding a protest cases including planning to murder before it was banned, a pamphlet on the Bhopal killings, Rajeev RSS- BJP leaders to avenge and three press clips against the Yadao, and Shaqeel Kureishi, Muzzafarnagar. The police case b a n o n t h e o r g a n i z a t i o n . office bearers of Rihai Manch- an against Zakir was based on a Subsequently Khilji was charged organisation fighting for rights of confession which according to his for other offences, in 2006, in 2008 Muslims wrongly accused in terror

PUCL BULLETIN, DECEMBER 2016 15 crimes- were brutally beaten and eliminated. The government has PUDR demands: detained by the police in Lucknow. pitted the 'sacrifice' of the 1. Immediate independent These cases in their entire policeman killed against the investigation into the so-called unfolding, are proof of the targetting alleged 'sympathy' for 'terrorists' encounter killings of Muslims through their rearrests exhibited by those raising 2. Punishment of all guilty in different crimes, the use of bans questions, with state sponsored 3. Lifting of the ban on SIMI for incarceration, and the complete nationalism once again taking over 4. Release of all SIMI detenue as arbitrariness, prejudice and rule of law and constitutional they are completely unsafe in impunity of the police. The 31st guarantees. For our government police custody October Bhopal encounter has and law enforcement agencies to 5. Compensation to all those taken it to a new low, with the Chief be not just complicit but active killed in fake encounters Minister asserting that all eight perpetrators in such acts is more Deepika Tandon and Moushumi were dreaded terrorists who were dangerous than crimes that terror Basu (Secretaries, PUDR) consuming state resources organisations could inflict. Because http://pudr.org/content/banned-and- ("chicken biryani") due to extended the guilty here are also the keepers damned-death-press-statement-custodial- trials and they deserved to be of the law, the judge and the jury. killings-simi-undertrials ❑ A Reality check on Jammu and Kashmir Pushkar Raj Jammu and Kashmir is again in to the United Nations High Freedom news for violence and counter Commissioner for refugees' latest The option of freedom for J&K is violence. Again, several solutions figures, Pakistanis are the sixth equally fraught with problems. If are proposed. Any such exercise, largest group seeking asylum in freedom is a demand for all the five however, need to be informed of a Europe following Syrians, Afghans regions of the state, then it seems a reality check if peace is to return in and Iraqis. Australian immigration non-starter given the Indian and the state in a foreseeable future. report 2013-2014 also reveals that Pakistan position on it; and if it The present unrest began after largest number of people who relates only to the Indian part then killing of Burhan Wani, a local sought humanitarian visa on arrival without taking into consideration commander of Hizbul Mujahidin, an came from Pakistan (Elibritt the views of the people of Jammu organization that vows to liberate Karlsen: 2014, Parliament of and Ladakh region it is unlikely to Kashmir by unleashing suicide Australia). move any farther. bombers in Kashmir (Times of Pakistan's human rights record on India, 4 September 2016). The The demand of freedom for only the unrest is restricted to the Kashmir Baluchistan has also been valley of Kashmir is fraught with a valley comprising 7.1 percent of disconcerting. Since the last moral dilemma in light of about a land and 54.9 percent of population decade about 18,000 people have half a million Kashmiri pundits' of the state numbering 6.8 million allegedly involuntarily disappeared virtual exile from the region. (Census of India, 2011). In a fresh in the province. According to the Besides, freedom for Kashmir will round of bloodshed over seventy Voice for Baloch Missing Persons, have a ripple effect in Muslim people have died and thousands 157 mutilated bodies were found majority districts of Poonch and are injured. and 463 people disappeared in the Rajouri and Kishtwar and Doda, separated by Hindu majority To defuse the situation, one of the state in 2015. (Balochwarna News, districts of Jammu and Udhampur, solutions being offered is merger 3 January 2016). The prime which will further add to the with Pakistan and other 'freedom' suspects in these incidents are the instability in the region. from India. The third solution -the security forces. status quo, is supported by the Another difficulty to the freedom for Pakistan administered Kashmir is Kashmir is use of violence and major political parties, though with no better. Of $38bn proposed differing caveats. terrorism as a method to achieve it. investment in energy sector under Contemporary history shows that a Merger with Pakistan China Pakistan Economic Corridor, violent movement does not The merger with Pakistan is Gilgit-Baltistan has not received produce a sustainable democratic incongruous for a simple reason any allocation as against other state as is seen in many African that Kashmiris will be an additional provinces (The Dawn, 12 May countries which were inspired by minority group in Pakistan that has 2016). On the contrary, planning various violence based ideologies. a disturbing record towards its minister of Pakistan warned the And finally, there are reports that ethnic and sectarian minorities protesting farmers of the region that mosques are used for mobilization including Mohajir, Baloch, Pashtun, the terrorism act would be invoked of people and ISIS flags are waved Ahmadis and Hazaras. Many of against them if they obstructed the in rallies in Kashmir. (Indian these people are forced to seek project (Times of India, 18 August Express, August 21, 2015). refuge in other countries. According 16). Successful culmination of such a

PUCL BULLETIN, DECEMBER 2016 16 movement can only lead to a ensure accountability for human (Pushkar Raj is a Melbourne theocratic state that would be r i g h t s v i o l a t i o n s , s e c u r e based author of Kahsmiri origin. against the spirit of 'kashmiriyat', transparent governance, launch Formerly he taught political science which has already suffered de-radicalisation programs and in Delhi University and was the considerable erosion in the valley. identify a genuine leadership in the National General Secretary of Way Forward valley for a dialogue. Nationally, PUCL. He can be reached at The central government owes it to toning down the saffron nationalism raajpushkar@ gmail.com) the constitution of India to restore might greatly assist. It is the only Published in KASHMIR TIMES civil liberties by withdrawing the way forward for a humane and (Friday, October 28, 2016) laws like AFSPA from civilian areas, democratic Kashmir. http://www.kashmirtimes.in/newsdet.aspx? q=57392 ❑

Gujarat PUCL Press Release: 26th October 2016 PUCL Reiterates Its demands to make Public Inquiry Report on Atrocities on Dalits at Thangadh The Executive Committee of and the Movement for Secular p u b l i s h i n g s u c h i n q u i r y Gujarat State Unit of the People's Democracy had handed over a commission's report is a major Union for Civil Liberties has taken Memorandum to H.E. the Governor public crime because functioning of serious note of the various steps on 2nd August 2016, the demand Inquiry Commissions are funded announced by the Government for bringing out report on the deaths from public fund. By not publishing following the strong agitation in the of dalits at Thangadh was the reports the Govt. has been aftermath of Una episode. One of reiterated. Not only that when the clearly disregarding democratic the important steps of these was inquiry team of the PUCL had values and systems. In the interest the assurance to make public s u b m i t t e d i t s F i r s t H a n d of people of Gujarat, democracy report on atrocities on Dalits of Information Report on the Una and in the interest of transparency, Thangadh. A prolonged period of episode to the National Human Govt. should immediately make four years has elapsed since the Rights Commission then also this public all such reports. occurrence of deaths of dalits in demand had been reiterated. Hence, at this stage, the People's Thangadh episode and inquiry As a matter of fact, as per rules of Union for Civil Liberties (PUCL) report thereon has also been the Inquiry Commission, its report reiterates its demand before the handed over to the Government. must be published within a period of Government to immediately make Even then by advancing a childish six months. However, the public the report of Inquiry argument that making the findings Government of the 'Dynamic Committee on the atrocities on of inquiry report may endanger law Gujarat' has always been moving dalits, committed at Thangadh. and order situation, and to shelter on a snail's speed in the matters of (The Executive Committee of the or shield the criminals against publishing reports of Inquiry People's Union for Civil Liberties punishment, Govt. is not publishing Commissions. Inquiry Reports of (PUCL) which met on 22nd October this report. Justice Nanavati on Godhra 2016 has passed above Resolution At the time of Una episode when Episode and Justice M.B. Shah in its meeting) the delegation consisting of about commission report on corruption G a u t a m T h a k e r , G e n e r a l 25 persons representing the charges have not been published Secretary, PUCL Gujarat ❑ People's Union for Civil Liberties so far before the public. Not Manipur Activists to Seek Clemency for Woman on Death Row in Malaysia Sangeeta Sharma Brahmacharimayum (41) was awarded the death sentence after she was found guilty of trafficking in 1,637.1 gm of Methamphetamine on October 7, 2013 at the Penang International Airport. Manipur Women's Commission will clemency. she was found guilty of trafficking in soon approach the External Affairs Activist Sobita Mangsatabam of 1,637.1 gm of Methamphetamine ministry to seek clemency for a Imphal-based Women Action on October 7, 2013 at the Penang woman from the state who has Development (WAD) told reporters, International Airport. been awarded death sentence by "We respect the law of that country She was held guilty under the the Malaysian High Court for but do not support death penalty Dangerous Drugs Act 1952 for trafficking drugs. K Sobita, and many countries and prominent trafficking drugs in that country Chairperson of the State Women's rights bodies are also against death which carries a death sentence. Commission, told PTI that she penalty." Sangeeta Sharma http://indianexpress.com/article/india/india- wants the concerned authorities to Brahmacharimayum (41) was news-india/manipur-activists-to-seek- clemency-for-woman-on-death-row-in- review the sentence and award awarded the death sentence after malaysia-3730581/ ❑

PUCL BULLETIN, DECEMBER 2016 17 The Times of India, 2 Nov 16, Jaipur: Halt Criminalization of Security Forces: PUCL

Rosamma Thomas | TNN | Nov 2, killed, seldom captured alive. Officers, as well as members of the 2016, 09.46 AM IST "Such practice of eliminating all COBRA and CRPF in the killing of JAIPUR: PUCL (People's Union for militants is resorted to leave no three men, the rape of three women Civil Liberties condemned the w i t n e s s e s . T h i s u n b r i d l e d and the burning down of about 250 killing of 39 members of the CPI p o w e r. . . h a s s u b s t a n t i a l l y houses in March 2011. PUCL noted (Maoist) party near the Balimela criminalized security forces dealing that even CBI's investigators faced reservoir close to the border with a death blow to the rule of law," threats and intimidation in Andhra Pradesh in Odisha on PUCL said. Chhattisgarh. October 24 by security personnel. The Malkangiri killings are another PUCL said that under the law, every The police claimed there was an instance of the impunity and lack of instance of encounter killing must exchange of fire but PUCL said accountability of security forces, be followed by an FIR and there was ground to doubt the the press statement said. It said investigation. Since policemen police version of events. Marks of state complicity in lawlessness was from Odhisa and AP were allegedly torture were seen on the bodies of evident in the CBI chargesheet in involved in the encounter of the dead, PUCL said in a press the Supreme Court in the Tadmetla October 24, PUCL has called for a statement on Tuesday. arson case of 2011 in Chhattisgarh. judicial inquiry. The safety of men in PUCL questioned why all people The CBI in its chargesheet custody of AP police since the involved in such exchanges were implicated 323 Special Police incident of October 24 should be

PUDR Press Release: 10.11.2016 PUDR Condemn Attack on Tribal Rights Activists and continuing erosion of the Rule of Law in Chhattisgarh

PUDR expresses its disquiet that obvious that they are not charged to persecute them. Bastar Police has recorded an FIR as perpetrators. But they are The fact finding report of the team on the basis of a complaint filed by somehow being involved after just issued in May 2016 revealed wife of deceased Shamnath a few hours stay in Nama village several instances of fake Baghel, of Nama village under during their fact finding in May last. encounters, rapes and arrests by Kumakoleng Gram Panchayat in Shamnath Baghel, was reportedly police and security forces, beatings Tongpal who was killed, on a leader of an anti-Naxal local and IED blasts rampantly carried November 4th allegedly by the group called the 'Tangiya'(axe). In out by the police, including Maoists. The FIR recorded on May 2016, when the fact finding th condemned use of violence by the November 5 invoked Sections 302 team members named in the FIR Maoists. The team had also ( m u r d e r ) , 1 2 0 B ( c r i m i n a l had visited Nama village, the revealed that the police were conspiracy), 147 (punishment for Chhattisgarh police claimed that holding Jan Jagran Abhiyans with rioting), 148 (rioting armed with the villagers including Baghel and villagers and evidently aiding the deadly weapon) and 149 (Unlawful members of Tangia group had resurgence of armed militia of assembly towards common object) complained that these scholars & villagers similar to the earlier of the IPC against twenty two activists were threatening them and disbanded Salwa Judum, to persons, including Professor coercing them to join the Maoists. counter the Maoists. Nandini Sundar (Delhi University), The complaint was found to be Professor Archana Prasad (JNU), baseless as members of Tangiya The sequence of events suggests activists Vineet Tiwari, Sanjay group told the media that none from an escalation, in which setting up Parate from the Communist Party the team asked them to join the vigilante groups, arming and of India (Marxist), two local Maoists and they were critiquing mobilizing civilian populations, and activists, Manju Kawasi, Manglu the use of force both by the police silencing activists and journalists Ram Karma and 16 others. and the Maoists. They even through embroiling them in cases According to a report, IG SRP refused to own the signatures on are all part of a strategy. PUDR Kalluri is said to have stated that a the police complaint against the would like to remind that 'truth is the special team has been sent to Delhi s c h o l a r s & a c t i v i s t s first casualty of war'. And Bastar for interrogation and arrest of (http://indianexpress.com/article/in police have tried different ways to suspects in the case and that dia/india-news-india/activists-see- silence social activists, reporters, sections 38 (2) and 39 (2) of salwa-judum-link-locals-say-fed- lawyers, political workers, public Unlawful Activities Prevention Act up-of-naxals-2823749/). Now in a spirited scholars etc. through have also been invoked. Since the case of Homicide of Shamnath harassment and intimidation, scholars and activists mentioned Baghel, with the names of the fact- physical assault and now the sword were not present when the crime finding team recorded in the FIR, a of criminal prosecution. By occurred on November 4th it is vindictive Bastar Police is enabled pressing charges against reporters and arresting and torturing some of

PUCL BULLETIN, DECEMBER 2016 18 them, to ensure that crimes being unconstitutional, and more recently Chhattisgarh where the voices of committed by Government forces the indictment by the CBI against the people remain captive of a or their surrogates do not get the Chhattisgarh police in Tadmetla lawless Police Force who mocks reported, to now naming people in case, which continues to be heard the Judiciary when indicted, FIRs and demanding their in the Supreme Court, has shown because Government condones appearance for interrogation with them to be a brazenly lawless force. the predatory behavior of its forces the threat of arrest hanging over As part of this lawless trait on on the ground. th them, it is being taken to new October 25 Bastar Police and PUDR expresses solidarity with the heights. The implication is that the Special Auxiliary Force personnel activists and academics named in Government wants a 'zone of in uniform publicly burnt the effigies the FIR. While we know that this silence' around the war being of several persons as their answer absurd accusation will fall by the waged in forest villages of Bastar; to the Supreme Court's indictment. wayside, we cannot escape the all- reminiscent of the 'Salwa Judum', They went on to share the images encompassing character of the from where only that information of the burning effigies on social assault, the horrors inflicted on which Police provides should get media. A d i v a s i s , t h e t h o u s a n d s reported. The spate of fake Long history of crimes against the incarcerated, crimes committed on encounters, surrenders, criminal Adivasis and the relentless attempt them going unpunished, facing life cases, burning of villages, rape and to suppress the voices of reporters, squeezing criminal prosecution, arrests are all the ground reality of lawyers, social and political denied the agency now even of war zone. By driving away lawyers, activists points to how far the public spirited groups and legal assistance was made difficult, Government is willing to go to individuals to take up their cause. It incarceration of Adivasis longer, ensure that the 'Dirty War' they are is a reminder that a predatory war moving the court to get FIR waging against the Adivasis does being waged against the Maoist led recorded more time consuming, not get exposed. That people Adivasis and the civilian population and future more uncertain. By receive no succor. We believe that is accompanied by persecution of dragging in the names of scholars the Chhattisgarh police and the conscientious citizenry of Bastar and activists the circle of support state government are abetting the and people from outside. and solidarity from outside is being Police Raj as part of this policy to constricted. This by a police force Deepika Tandon and Moushumi m a k e t h e i r M i s s i o n 2 0 1 6 Basu, Secretaries, PUDR and government which was "successful". PUDR is alarmed that indicted by the Supreme Court in http://pudr.org/content/condemn-attack- such incremental erosion of rights tribal-rights-activists-and-continuing- 2011, when they declared the state has led to a situation in ❑ s p o n s o r e d S a l w a J u d u m , erosion-rule-law-chhattisgarh

PEOPLE’S UNION FOR CIVIL LIBERTIES MEMBERSHIP FORM The General Secretary, People’s Union for Civil Liberties Dear friend, I subscribe to the aims and objects of the People’s Union for Civil Liberties and agree to abide by its Constitution. Please enroll me as a member. I remit herewith Rs 50/- (yearly)/ 1000/- (Life)/ 2000/- (Patron) membership fee. [See Clause 3(c) and (d) of the Constitution]. I also remit herewith Rs.100/- at concessional rate as the subscription of the PUCL BULLETIN (optional). I am not a member of any political party/I am a member of ______(Party). Name : ______Address : ______State : ______Pin Code : ______E.mail : ______Contact Phone : ______

Signature

NB: Please send money in the name of the ‘People’s Union for Civil Liberties’, preferably by DD/MO. In case of outstation cheques, please add Rs. 70/-. Please do not send Postal Order. Always send the Membership Form to the State/Local branch. National Off.: PUCL, 270-A, Patparganj, Opp. Anand Lok Apptt. (Gate-2), Mayur Vihar-I, Delhi-110091 (Phone: 011-2275 0014)

PUCL BULLETIN, DECEMBER 2016 19 Date of Pub.: 27-28 November, 2016

Important Announcement! It has been brought to our attention that some PUCL members of erstwhile Andhra Pradesh state unit have registered an organisation as a Registered Society / Trust in the name of `People's Union for Civil Liberties' in Hyderabad. We would like to inform all concerned that this organisation now reportedly registered in Hyderabad has no connection whatsoever with the national level organisation, "People's Union for Civil Liberties" (PUCL) which has been functioning from Delhi for close to the last 4 decades, with numerous state units, including in erstwhile Andhra Pradesh state, (as it was known prior to bifurcation of that state in 2014). Neither was any permission sought nor was permission given to use our name for the purpose of registration of an organisation as a Society / Trust under the relevant laws. The organisation now reportedly registered in Hyderabad in the name of `People's Union for Civil Liberties' is without authorisation and is seeking to misuse the credibility and name of the official organisation known as "People's Union for Civil Liberties" (PUCL) with Head Office in Delhi. We would like to categorically clarify that during the Emergency period in 1976, Jayaprakash Narayan, Acharya Kripalani, Krishna Kant, Justice Tarkunde and other stalwarts of the freedom movement formed the `People's Union for Civil Liberties and G. Saraswathi Democratic Rights (PUCL & DR)' which was reorganised and renamed as "People's Union for Civil Liberties" (PUCL) in 1980, with a written Constitution and headquartered in Delhi. From the very beginning PUCL has, in principle, not registered itself either as a Society or a Trust, and in fact does not plan to register itself as a Society or Trust. The PUCL has been operating based on a written Constitution which provides for election of Office Bearers at the National as also State levels. PUCL has never and does not intend to provide permission to any state or local unit, to register itself as a Society or Trust. In effect the organisation newly registered in Hyderabad in the name of `People's Union for Civil Liberties' has been created totally without the permission or authorisation of the national level "People's Union for Civil Liberties" (PUCL) and is not entitled to function in the name of the "People's Union for Civil Liberties" (PUCL). We therefore call upon the persons who have registered the new organisation in Hyderabad, to immediately take steps to formally cancel the registration of the Society / Trust in the name of `People's Union for Civil Liberties', wind up the body and formally intimate to the National General Secretary, "People's Union for Civil Liberties" (PUCL) of having done so. Until such time "People's Union for Civil Liberties" PUCL disowns any act and activity undertaken by the organisation named `People's Union for Civil Liberties' registered as a Society / Trust in Hyderabad. We are issuing this statement pursuant to the decision of the National Council of the "People's Union for Civil Liberties (PUCL)" in Delhi on 17th – 18th November, 2016.

Prof. Prabhakar Sinha, President, People's Union for Civil Liberties (PUCL), Dr. V. Suresh, General Secretary, People's Union for Civil Liberties (PUCL). 270-A, Patpar Ganj, Opp. Anand Lok Apartments, Mayur Vihar I, Delhi 110 091 21st November.2016

PUCL BULLETIN, DECEMBER 2016 20