STATE REPRESSION IN BIRKONI IN CHHATTISGARH
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Date: Fri, 23 Jun 2006 03:48:20 -0700 (PDT)
Subject: [invites] STATE REPRESSION IN BIRKONI IN CHHATTISGARH
UPDATE ON STATE REPRESSION IN BIRKONI IN
CHHATTISGARH How the Police & SDM Can Make A
Mockery of the 'Rule of Law'? -- A Test Case for Human Rights
Organisations
==============================================================================
June 23, 2006
Dear Friend,
Greetings from the struggling and suffering people of Chhattisgarh!
15 days have lapsed, yet the people's leaders and social activists are
languishing in Raipur Central Jail.
The BJP Government is ensuring to make a mockery of the "rule of law",
by resorting to age-old tactics to block the Bail of those "accused" in
serious offences like "attempt to murder". This should become a "test
case" for human rights organisations as to how the Police officials and
the SDM have flouted every single provision of the law dealing with the
"rights of the accused" and their "personal liberty, dignity and human
rights. If this could be done by the Police and the SDM in the case of
workers and activists of mass-based organisations like Chhattisgarh
Mukti Morcha, a national forum like INDIAN SOCIAL ACION FORUM (INSAF),
and Gram Panchayat leaders, then one could imagine as to what is the
fate of the ordinary citizens in this State/country.
However, this is nothing new. During the BJP rule in 1991, Shaheed Com
Shanker Guha Niyogi was kept in Jail for two months after having been
declared "absconder" in 17 cases in one single day, although he has
been attending reconciliation meeting with the officials, addressing
public meeting and press conferences, etc. The M P High Court at
Jabalpur had order to release him on personal bond of Rs. 5000 each,
and had also noted that keeping such a trade union leader in prison on
such grounds was totally unjustified, who was committed to the cause of
the poor and oppressed.
In the present case, 19 citizens are being detained in Raipur Central
Jail. Those arrested include Com Shiv Kumar Patel (District Convenor of
CMM), Akshay Sail, State Convenor of INSAF, Toop Singh Nishad, Janpad
Panchayat Member, Pooran Sahu and Rohit Kumar, both members of Gram
Panchayat, and Bhuwan Kuldip, President of KN Oil Mill Worker's Union.
Firstly, they were detained u/s 151 of the Cr. P.C., and later sent to
Jail on 8th June, by the SDM, Mahasamund initiating proceedings u/s 107
& 116 of the Cr. P. C. Although, the SDM has issued order u/s 111,
and demanded sureties of Rs. 10,000 each from the "accused", he is
dilly-dallying accepting the same although presented to him every day,
on the pretext that he is busy in maintaining "law and order". The
Sub-Divisional Magistrate (SDM) has held them in "illegal custody" by
misusing the provisions of Section 107 & 116 of the Cr P C,
although these are preventive in nature and are to be used sparingly,
as these affect the personal liberty of the person, clearly spelt out
in the landmark judgment delivered on 28.10.1970 by the Constitutional
Bench of the Supreme Court of India in Madhu Limaye Vs. Sub-Divisional
Magistrate, Moghyr & Ors. (1971 AIR 2486).
Secondly, the Police uses various "excuses" in either not presenting
the "accused" in the Court in spite of the production warrant from the
Chief Judicial Magistrate (CJM), Mahasamund or fails to provide the
"Diary" in the Court on time.
Thirdly, in his application for production warrant and seeking judicial
custody of the "accused", the Station House Officer (SHO) has written
that although the offences are "bail-able" in two out of three cases
framed against the 'accused", they could not produce "bail in the
jail".
Kindly note that all sections except Section 307 of the Cr. P. C. under
which the "accused" have been charged are "bail-able", they are being
illegally held in the Raipur Central Jail.
In this regard, the police has clearly violated the provisions of the
landmark judgment of the Hon'ble Supreme Court of India (D K Basu Vs
State of W.G. AIR 1997 SC 610), in which the Apex Court, having noticed
constitutional provisions contained in Articles 21 & 22 of the
Constitution safeguarding the life and personal liberty of the citizen
and also having taking note of the provisions contained in the Code
providing protection to the personal liberty, dignity and basic human
rights of the citizen, issued directions to be followed in all cases of
arrest or detention. The 11 directions issued by the Apex Court in the
cases of arrest or detentions, one clearly directs that the family or
friend of the arrestee must be informed immediately so that they may
take recourse to legal provisions.
Thus, it is interesting that the police official has written in his
application that bail could not be given as the "accused" could not
provide "Bail in the Jail". How can one provide "Bail in the Jail" is a
subject matter for the Apex Court to ponder over.
We are now planning to raise this entire issue during the forthcoming
National Convention on Chhattisgarh Black Law & Human Rights ( In
the context of Chhattisgarh Special Public Security Act 2005) to be
held on 24th & 25th June 2006 at Raipur, C.G.
A Press Statement issued by Indian Social Action Forum (INSAF) on 22nd
June 2006 is enclosed herewith. This also puts in perspective the
entire incident at Birkoni.
Looking forward to your continued support and solidarity,
In Solidarity,
Rajendra K Sail
President,
People's Union for Civil Liberties PUCL
H-12, Anupam Nagar,
P O Shanker Nagar,
Raipur 492007
Chhattisgarh
Phone: 07723-223946; Fax: 07723-223289
Mobile: 98268-04519
E-Mail: <rajendrasail@gmail.com>
INSAF
(Indian Social Action Forum)
A-124 FF, Katwaria Sarai, New Delhi- 110 016: E-mail: insaf@vsnl.com
Press Release: BIRKONI INCIDENT IN CHHATTISGARH TYPICAL OF FASCIST DESIGNS TO DESTROY
DEMOCRACY · INSAF WOULD LAUNCH NATION
WIDE PROTEST
· Initiative Public Debate on Pro-People Industrial Policy &
Democratize Development in Chhattisgarh
Raipur, 22nd June 2006:
The BJP Government in Chhattisgarh has resorted to repressive measures
to silence the voices of dissent on the issue of establishing the
industrial zone in Birkoni village in Mahasamund district, which is
typical of fascist designs to destroy democracy. INSAF would prepare a
PEOPLES REPORT on the State Repression in implementing such an
anti-people and pro-globalization industrial policy in Chhattisgarh.
INSAF, along with other Peoples Organisations in Chhattisgarh, has also
decided to knock the doors of the Chhattisgarh High Court to expose the
utter violation of human rights and due process of law in illegally
detaining and falsely implicating the Gram Panchayat leaders, Social
& Human Rights Activists in Birkoni incident.
Uprooting of 48 families of Birkoni during monsoon by the BJP
Government is yet another example of their insensitivity as they were
left without any alternative housing and security. Men folks of
majority of these families are languishing in jail for the past
fortnight. Mukhiram Yadav (aged 60 years), suffering from paralysis
died on 15th June, as the State Administration had left him out in the
open without proper support system. While the administration claims to
have given the compensation, in fact they have been sent a cheque for
Rs. 5,000 each only, that too by post. Their demolished houses and
belongings are still in the debris.
Issuing a press statement today, INSAFs National Executive Committee
members from Chhattisgarh Adv Gautam Bandopadhyay and Ms. Hemlata
Rajput said that the BJP Governments scant regard for democratic
processes is further demonstrated in the fact that it had hardly
responded to over 1000 Appeals addressed to the Governor of
Chhattisgarh with copies to the District Collector, Mahasamund
demanding a) judicial enquiry into the entire incident of police
atrocities; b) transfer or send on leave the police and revenue
officials directly involved in the incident till the enquiry; c)
withdraw false criminal cases and release them forthwith; d) implement
the decision of the Gram Panchayat (dated 12.03.2005), and the Gram
Sabha (dated 14.04.2005 and 07.10.2005) at Birkoni; and e) provide
adequate compensation to all the victims.
Among the signatories to the Appeal include Adv K G Kannabiran,
National President of PUCL, Swami Agnivesh of Bandhua Mukti Morcha,
Medha Patkar of Narmada Bachao Andolan, John Dayal of National
Integration Council, Justice S M Daud, Former Judge of the Mumbai High
Court, P Sainath & Jyoti Punwani, Journalist, and organisations
such as Association for the Protection of Democratic Rights (APDR, West
Bengal), World March of Women, National Alliance of Women (NAWO),
ANHAD, National Council of ChurchesURM, etc. At least a dozen trade
union based organisations and more than 100 prominent citizens in
Mahasamund itself have signed and sent the APPEAL to the Governor of
Chhattisgarh, but to no avail.
In addition, various peoples organisations in Chhattisgarh have staged
protest demonstration from 14th June onwards with the above demands in
not less than a dozen places like Raipur, Kanker, Mahasamund, Pithora,
Basna, Sankra, Saraipalli, Nagarhat, Lormi, Pandariya, etc. These
include the Chhattisgarh Mukti Morcha (CMM), Parivartan & Ekta
Parishad, Baiga Mahapanchayat, Nadi Ghati Morcha, Chhattisgarh Bal
Shramik Sangathan, Chhattisgrh Mahila Jagriti Sangathan, Sabla Dal,
etc.
Adopting a resolution, the Chhattisgarh State Committee of INSAF
(Indian Social Action Forum) in its meeting held on 20th June 2006, has
categorically claimed that similar repressive measures were being
adopted by the BJP Government in Chhattisgarh elsewhere in the State in
ruthlessly establishing the industries even in the face of strong
opposition by the village people, mostly farmers and agricultural
workers. Be it Chourenga, Kathia, Siltara, Nagarnar, Dharseenwa,
Dantewara, Bemta, etc. peoples voices were suppressed by use of police
action at the behest of Industrial Mafia & Land Mafia in the State,
who are the only proponents and beneficiaries of the existing
Industrial Policy of Chhattisgarh Government.
In the light of the recent repression in Birkoni village, INSAF launch
a nation-wide protest, and generate a public debate on Pro-People
Industrial Policy in Chhattisgarh. This would also bring into purview
the 51 MoUs signed by the State Government with various industrial
houses, including the Texas Power Generation in US, closely linked to
the US President, George Bush.
According to INSAF, the opposition to the BJPs industrial policy was
not limited to the CMM or INSAF, but cut across the political party
lines. Examples could be cited from press reports, which would confirm
that even the BJP MLAs and other peoples representatives like Devji
Patel (MLA Dharseewa), Ramesh Bais ( Raipur MP and Former Central
Government Minister), Lachchuram Kashyap (MLA Chitrakot), Baidu ram
Kashyap (MLA Keshlur) and Bhupesh Baghel (Congress MLA, Dharseewa) have
openly opposed the setting up of industries in their respective
legislative areas at the cost of farming and environment, not to speak
of Shyama Charan Shukla, Former Chief Minister of MP, who is totally
against setting up of industries in Bastar.
Setting the statement against the backdrop of Birkoni incident, INSAF
informed that Shiv Kumar Patel, District Convenor of the Chhattisgarh
Mukti Morcha (CMM), Akshay Sail, State Convener of Indian Social Action
Forum (INSAF), Bhuwan Kuldip, President of KN Oil Mill Mazdoor Union,
Toop Singh, Member Janpad Panchayat, along with 13 others have been
arrested on 7th & 8th June 2006 and sent to Raipur Central Jail u/s
147, 148, 149, 186, 353, 294, 427, 307 of the IPC. Out of those charged
with serious offences such as Attempt to Murder include 67 year old
farmer, 19 year old boy, known social workers and trade union leaders.
Those arrested on 7th & 8th June are still languishing in Raipur
Central Jail, because the district administration has booked the Gram
Panchayat leaders and social activists in serious offences like Cr. P C
307 Attempt to Murder --, and the Sub-Divisional Magistrate (SDM) has
held them in illegal custody by misusing the provisions of Section 107
& 116 of the Cr P C, although these are preventive in nature and
are to be used sparingly, as these affect the personal liberty of the
person, clearly spelt out in the landmark judgment delivered on
28.10.1970 by the Constitutional Bench of the Supreme Court of India in
Madhu Limaye Vs. Sub-Divisional Magistrate, Moghyr & Ors. (1971 AIR
2486).
According to INSAF, the stage for state repression against the CMM,
INSAF and Panchayat Leaders associated with the KHETI-KISANI BACHAO
ANDOLAN at Birkoni village was set in the Rest House at Mahasamund on
21st May 2006, when the CG Audyogik Vikas Nigam Chairman, Sri
Rajendarpal Singh Bhatia gave green signal to the district
administration to deal firmly with those opposing the establishment of
industrial zone in Birkoni. His statement issued in the press clearly
demands that the district administration should put aside all
democratic norms. Added to it is the specific statement of the local
MLA, Sri Poonam Chandrakar that orders have already been issued to
arrest those opposing the setting up of industrial zone at Birkoni.
According to INSAF, while the State Government has been hell bent in
setting up an Industrial Zone in Village Birkoni, the Gram Panchayat
had adopted a unanimous resolution on 12th March 2005 that no industry
be set up within the village limits as these destroy the agricultural
activities, pollute and destroy the land structure and nature. Further,
in pursuance of the above resolution, the GRAM SABHA in its meeting on
14th April and then again on 7th October last year had unanimously
resolved to allocate and utilize the grass-land for the purposes of
housing accommodation, public toilets, sports, cultural and social
activities, setting up of Mandi, Market, Nursery, Hospital and School,
etc. and opposed the establishment of industrial zone in Birkoni
Village.
INSAF is consulting legal luminaries and human rights stalwarts on this
issue of administrative action against the decision of the Gram
Panchayat and Gram Sabha at Birkoni, and file a Public Interest
Litigation at the Chhattisgarh High Court. Referring to the similar
Constitutional issue pending at the Supreme Court of India related to
the Plachimada (Kerala) Gram Panchayat decision refusing permission to
Multi-national Corporation giant, Coca-Cola, INSAF said that no
government decision could prevail upon the Gram Panchayat which had
exclusive authority to regulate the use of land, etc. in its
geographical jurisdiction. The Gram Sabha decisions were earlier
violated and a mockery made of the Gram Panchayat Act 1993 in Nagarnar
in Bastar, Chaurenga and Kathia, etc.
Questioning the commitment and character of BJP Government in promoting
development in the state through setting up of industries, INSAF has
challenged the Chief Minister as to why was he not bothered about those
industries that have been closed down during the last five years in
Chhattisgarh, after the formation of the new state. According to INSAF,
442 industrial units have been found to be closed out of 1283
industrial units surveyed so far by the State Government itself. It
further informed that the Chief Minister did not appear to be perturbed
by the illegal closure by the NTC of the BNC Mills at Rajnandgaon,
which is not only the first industry of the Chhattisgarh, but had the
capacity to employ more than 10,000 workers, and the entire economy of
Rajnandgaon depended on it.
INSAF further disclosed that out of a total of 97,000 workers employed
by the Bhilai Steel Plant in 1986, today in 2006 only 32,000 workers
were employed. Thus, a total of about 65,000 workers have been rendered
jobless simply because of mechanization and anti-labour policy of this
Public Sector Unit. Out of these, hardly 2000 workers belonged to
Chhattisgarh.. But, the silence of political parties on this issue is
criminal and anti-Chhattisgarh. Today, in the era of globalization
there was an urgent need to Democratize the Development.
Gautam Bandopadhyay & Hemlata Rajput
Members, National Executive Committee, INSAF
O-3, Anupam Nagar, P O Shanker Nagar, Raipur 492007: Chhattisgarh
E-mail: gautamraipur@rediffmail.com
