Press Release issued at Press Conference held at Press Club, New Delhi
15th December 2009
Chhattisgarh Government thwarts peace building measures
Police and Salwa Judum join hands to disrupt the Padayatra and harass activists
Satayagraha to begin from 25th December:
Struggle for peace to continue
New Delhi: Chattisgarh State Government and the Salwa Judum prevented Himanshu Kumar, Sandeep Pandey and others from taking out padyatra in Dantewada with the objective of restoring peace and normalcy in an area suffering from state repression, militarization and violence. Even though the DGP, Mr. Vishwaranjan has claimed in a newspaper report that the padyatra started under the police protection, it was evident from police and SPOs action that all efforts were made by the state Government to stop the Padyatra from taking place. Earlier yesterday, 39 women activists from all over the country who tried unsuccessfully to reach Dantewada from Raipur, on the way back were mobbed by Salwa Judum in Kanker who forced them to come out of the bus. The women activists were harassed before being allowed to return to Raipur.
All of this has been happening even when Home Minister P Chidambaram, has expressed his intentions of travelling to Dantewada on 7th January, 2010 to attend a public hearing to be organised by Vanvasi Chetna Ashram and other groups where tribal residents of this region will share their experiences of the Salwa Judum, Operation Green Hunt and their struggle for justice. It is obvious that the Government of Chattisgarh is all out to sabotage this democratic process through intimidation as well as direct attack and stop the large number of adivasis from ventilating their grievances.
In the changed circumstances, Himanshu Kumar and others from Dantewada have declared that there would begin a Satyagraha against the unjustifiable State violence, asserting their right to support the adivasis in their struggle for peace and justice. They also have requested the Home Minister to immediately make an official announcement of his visit and not to withdraw in any situation of deliberate sabotage by the state government of Chattisgarh.
Speaking at a press conference Retd. Justice Rajinder Sachar, Peoples Union for Civil Liberties said, “It is shameful that citizens of this country are being prevented from travelling to Dantewada by the Chattisgarh administration and a peaceful padyatra is stopped in close collaboration with Salwa Judum, which has been condemned from various quarters for the atrocities it has committed on the tribals of the regions. The denial of civil liberties to citizens in the Dantewada today is a cause of grave concern to everybody.” Uppermost in our mind today is, however, protecting the rights of the adivasis who are facing all kinds of deprivation because, the State, notwithstanding its public profession, is not fulfilling its duty to ensure that development is planned within the framework of justice and equity.
Medha Patkar, National Alliance of People’s Movements, condemned the attempts of the State government to stifle any resistance and labelling of false charges (including of murder) against Kopa Kunjam, the adivasi activist with Vanvasi Chetna Ashram and Alban Topo, an adivasi and human rights lawyer who were beaten up at the police station ironically on December 10, Human Rights Day. “This cant, however, act as a deterrent to the committed and peaceful movements”, she affirmed. In a letter to Home Minister P Chidambaram she urged to take urgent note of the potential threat from the Salwa Judum and the SPOs who took out a rally on December 10th condemning Himanshu Kumar and openly raising life-threatening slogans such as, “Himanshu Bhagao Bastar Bachao” and “Himanshu ko Maro”. “The Centre can’t deny its responsibility to ensure and guarantee not just legal rights, but human justice,” she reiterated.
Prashant Bhushan, senior lawyer further added, “the happenings in Chattisgarh is a well thought out and planned strategy of the State to enforce a complete blackout of tribal areas when government is planning an unprecedented attack on the tribals in the name of war against Naxals. Not only the legislature and the Executive, but the Judiciary also should have intervened with much more sensitivity and clarity by now, but unfortunately, all action towards establishing justice and democracy is only left to the people’s movements. He appealed to the sensitive intellectuals to support the movements, in every possible way”.
Mamata Kujur, Adivasi Mahila Mahasangh, Chattisgarh narrated the atmosphere of distrust and fear prevailing in the State, since many young tribals are being branded today as naxals by the state. She added, “it is an attempt at finishing off the democratic voices in the region since they are posing the biggest opposition to the state’s and private corporations unlawful attempt at exploiting the mineral resources of the region.
Ashish Gupta, Peoples Union for Democratic Rights, added that, “it’s an irony that the democratic processes in the country are under pressure from the state forces itself who are supposed to protect them. The demolition of the Ashram first and then continued harassment of anybody associated with the Vanvashi Chetna Ashram is shameful and unjustifiable. What we are witnessing today in Chattisgarh or Naraynpatna, Orissa where an all women fact finding team was harassed and threatened by the local goons in collusion with the police is completely savage behaviour of the state and unexpected in a democracy.”
Abhay Sahu, Posco Pratirodh Sangram Samiti, while condemning the incidents urged the left secular forces and progressive people’s movement to put together a joint platform and resist any onslaught on civil and political liberties of the citizens of this country.
It’s indeed a grave and grievous situation that is faced by the adivasis, especially in Chattisgarh i.e. one of violence and the other of deprivation, both the vices trampling upon their right to life, livelihood and peace. Their existence itself being threatened the State either failing to intervene with a dialogue with the people’s movements, even in an unarmed struggle, or as in Chattisgarh, evicting and killing them in the garb of ‘combating Maoism’. All this is apparently an offshoot of the political-economic agenda of grabbing their rich resource base.
The citizens team re-appealed and re-asserted that those who are struggling within the secular democratic and non-violent framework must not be targeted by the State in such trumped up criminal charges or in any other manner as this would only shrink the space for those who are attempting peaceful resolution of conflicts and are for establishment of democracy and justice. It is the duty of the Central and State government to pro-actively protect such individuals and organizations from any physical attack or otherwise and immediately release Kopa Kunjam and punish the guilty police officials involved in harassment of the activists.
Contact: Madhuresh
For NAPM and Delhi Solidarity Group (Mobile 9818905316)
-- Regards,Vijayan MJDelhi Forum
Emails: vijayan@delhiforum.net, delhiforum@delhiforum.netWeb: http://updatecollective.wordpress.com/http://delhisolidaritygroup.wordpress.com/
Friday, December 18, 2009
Women's solidarity team stopped from visiting Dantewada!
Press statement of MP Mahila Manch
Chhatisgarh Police stops women from proceeding to Dantewada to show solidarity to women fighting against sexual violence by state actors.
As a part of the Campaign against Sexual Violence and State Repression – independent women, women's organisations and groups from across the country met in Raipur on the 12th and 13th December to discuss the increasing and rampant use of sexual violence against women as a method of state repression, to share and understand the experiences of struggle in different areas and develop deeper solidarity with one another. The vulnerability of women in the adivasi-dominated areas of Chhattisgarh, Madhya Pradesh, Jharkhand, Orissa, West Bengal, Andhra Pradesh and Maharashtra has increased manifold with the state’s armed offensive in these areas in the name of Operation Greenhunt.
Women from different states shared the struggles of their respective areas. Later a group of 25 women of the campaign set out for the Dantewara district of Chhattisgarh on 13th evening in order to show solidarity with the women who have stood up against sexual violence and sought justice through democratic means.
The women enroute to Dantewada were repeatedly stopped and harassed by the police and police supported goons. Their jeeps were stopped on the pretext of licenses at Charama Thana, Kanker at the border of the Bastar division. Here they were detained for over an hour and their identities checked and papers of the vehicles and drivers scrutinized and refused to go further. The women were then forced to return the private vehicles and use public transport buses from Makditola to proceed towards Dantewara. The buses which they boarded were stopped again and they were again questioned and the driver and conductor threatened. After another stretch, the bus was stopped once more and the bus driver was threatened not to carry forward with the women’s team members, and they were forced to get down. They were finally not able to reach Dantewada. Even on their return journey to Raipur, the bus was stopped and the tyres punctured by sponsored protestors shouting slogans against the team. The DGP Chhatisgarh knew of the incidents as and when they were taking place, and no efforts were made to disperse the mob. Later, when the team held a press conference in Raipur, the police continuously interfered the proceedings.
We are very perturbed with the situations in Chhattisgarh. There is a complete break-down of democracy with the state is not allowing representatives of citizen’s and women’s groups to go to the area, gather information, understand the situations and meet the women who are strongly resisting the state’s high-handedness and their sexual exploitation. It is clear that the state is trying to hide facts with the way it has tried to curb people’s efforts to reach there and it is disturbing to imagine what would be the situation inside the zone for women. The recent situation in bordering Orissa has also been similar where a fact-finding team of 10 women from across the country were bullied, their vehicle’s glass was broken and the driver was rounded up by the police at the behest of local liquor mafia, landlords and mining companies.
Experiences across the country show a similar trend that driven by excessive corporatization, there has been an increased onslaught by the state on the lives and livelihoods of large sections of the our population in the name of “development” projects such as mining and special economic zones, It has become apparent that sustained state violence in Chhattisgarh, Jharkhand, Orissa, West Bengal and other states is being continuously used to evict people from their land and livelihood. While this is being done in the name of “development” or “maintaining law and order” and “liberate” these areas from the influence of Maoist rebels, the real design is to appropriate resources and dispossess people in the area.. In the state of Chhattisagarh (as in other tribal dominant areas), the ruling government is trying to pass off tribal lands to big corporate houses and foreign companies without proper public hearings and deliberations and forcefully evicting people from their paternal lands.
Patriarchal oppression aligns itself with, intensifies and is in turn intensified by, every other kind of systemic oppression and injustice. And that is what is taking place in Chhattisgarh today where a heavily militarized State has enterered areas as an occupying force.Sexual violence and rape have become the most brutal weapon of repression here. Women are being specifically targeted and their political participation is being repressed by use of rape and other kinds of violence. Historically women have been the worst sufferers of the lack of livelihood, food, shelter and security, of draconian laws and of state-abetted violence, specially the increasing use of sexual violence to intimidate communities, and we see history repeating itself in Chhattisgarh, Orissa, West Bengal and other states today.
Tribal women in Bastar in Chhattisgarh have been subjected to the most extreme forms of violence since 2005, by Salwa Judum, a civil militia created and funded by the state to ‘counter’ the ‘Maoists’. Villagers here have reported incidents of gang rapes, custodial rape, mutilation of private parts, murder and continuous sexual abuse in villages, police stations and the relief camps set up by the state government in the area. The murder in 2006 of a tribal for being a ‘Maoist’ and the subsequent gang-rape of his wife in front of their child for several days inside a police station in Sarguja by police personnel (including the SP) is one such documented case.
The reports of different fact-finding committees (CAVOW, NHRC) have shown that there are numerous incidents of sexual violations taking place within the region. In the case filed by Nandini Sundar and others, there are more than 90 sworn rape affidavits pending before the Supreme Court. Even with six women daring to file private complaints (after the police refused to register the cases of rape) and make their statements before a Magistrate in Konta, there was inexplicable and inordinate delay of months in registering the cases. The arrest warrants have also been shelved for now in the absence of names of the fathers of the accused being included although the persons are clearly identified by their own names and where they are currently posted. In the meanwhile these women and their entire villages are being threatened and intimidated by the accused.
It is in this bleak scenario, that the group of 25 women of the campaign set out for the Dantewara district of Chhattisgarh on 13th evening in solidarity with the women who have stood up against sexual violence and sought justice through democratic means.We are deeply disturbed and anguished by the state’s attempts to use force against these representatives of women’s groups from across the country. It is against democratic principles to suppress dissent and people’s attempts to associate. The campaign is not deterred by the state’s efforts to subsume and threaten democratic rights groups and activists reporting state atrocities against women with the label of “naxalite” and “naxalite-supporters”, and “undertaking anti-government activities”. Unquestioned, the sexual exploitation would continue to grow, remain uncovered and justice denied.
We resolve to respond to such challenges and continue with our efforts to unearth such anti-people and anti-women activities of the state and extend our solidarity to the brave women of conflict areas fighting for justice.
Madhya Pradesh mahila manch on behalf of
Campaign against Sexual Violence and State Repression
Chhatisgarh Police stops women from proceeding to Dantewada to show solidarity to women fighting against sexual violence by state actors.
As a part of the Campaign against Sexual Violence and State Repression – independent women, women's organisations and groups from across the country met in Raipur on the 12th and 13th December to discuss the increasing and rampant use of sexual violence against women as a method of state repression, to share and understand the experiences of struggle in different areas and develop deeper solidarity with one another. The vulnerability of women in the adivasi-dominated areas of Chhattisgarh, Madhya Pradesh, Jharkhand, Orissa, West Bengal, Andhra Pradesh and Maharashtra has increased manifold with the state’s armed offensive in these areas in the name of Operation Greenhunt.
Women from different states shared the struggles of their respective areas. Later a group of 25 women of the campaign set out for the Dantewara district of Chhattisgarh on 13th evening in order to show solidarity with the women who have stood up against sexual violence and sought justice through democratic means.
The women enroute to Dantewada were repeatedly stopped and harassed by the police and police supported goons. Their jeeps were stopped on the pretext of licenses at Charama Thana, Kanker at the border of the Bastar division. Here they were detained for over an hour and their identities checked and papers of the vehicles and drivers scrutinized and refused to go further. The women were then forced to return the private vehicles and use public transport buses from Makditola to proceed towards Dantewara. The buses which they boarded were stopped again and they were again questioned and the driver and conductor threatened. After another stretch, the bus was stopped once more and the bus driver was threatened not to carry forward with the women’s team members, and they were forced to get down. They were finally not able to reach Dantewada. Even on their return journey to Raipur, the bus was stopped and the tyres punctured by sponsored protestors shouting slogans against the team. The DGP Chhatisgarh knew of the incidents as and when they were taking place, and no efforts were made to disperse the mob. Later, when the team held a press conference in Raipur, the police continuously interfered the proceedings.
We are very perturbed with the situations in Chhattisgarh. There is a complete break-down of democracy with the state is not allowing representatives of citizen’s and women’s groups to go to the area, gather information, understand the situations and meet the women who are strongly resisting the state’s high-handedness and their sexual exploitation. It is clear that the state is trying to hide facts with the way it has tried to curb people’s efforts to reach there and it is disturbing to imagine what would be the situation inside the zone for women. The recent situation in bordering Orissa has also been similar where a fact-finding team of 10 women from across the country were bullied, their vehicle’s glass was broken and the driver was rounded up by the police at the behest of local liquor mafia, landlords and mining companies.
Experiences across the country show a similar trend that driven by excessive corporatization, there has been an increased onslaught by the state on the lives and livelihoods of large sections of the our population in the name of “development” projects such as mining and special economic zones, It has become apparent that sustained state violence in Chhattisgarh, Jharkhand, Orissa, West Bengal and other states is being continuously used to evict people from their land and livelihood. While this is being done in the name of “development” or “maintaining law and order” and “liberate” these areas from the influence of Maoist rebels, the real design is to appropriate resources and dispossess people in the area.. In the state of Chhattisagarh (as in other tribal dominant areas), the ruling government is trying to pass off tribal lands to big corporate houses and foreign companies without proper public hearings and deliberations and forcefully evicting people from their paternal lands.
Patriarchal oppression aligns itself with, intensifies and is in turn intensified by, every other kind of systemic oppression and injustice. And that is what is taking place in Chhattisgarh today where a heavily militarized State has enterered areas as an occupying force.Sexual violence and rape have become the most brutal weapon of repression here. Women are being specifically targeted and their political participation is being repressed by use of rape and other kinds of violence. Historically women have been the worst sufferers of the lack of livelihood, food, shelter and security, of draconian laws and of state-abetted violence, specially the increasing use of sexual violence to intimidate communities, and we see history repeating itself in Chhattisgarh, Orissa, West Bengal and other states today.
Tribal women in Bastar in Chhattisgarh have been subjected to the most extreme forms of violence since 2005, by Salwa Judum, a civil militia created and funded by the state to ‘counter’ the ‘Maoists’. Villagers here have reported incidents of gang rapes, custodial rape, mutilation of private parts, murder and continuous sexual abuse in villages, police stations and the relief camps set up by the state government in the area. The murder in 2006 of a tribal for being a ‘Maoist’ and the subsequent gang-rape of his wife in front of their child for several days inside a police station in Sarguja by police personnel (including the SP) is one such documented case.
The reports of different fact-finding committees (CAVOW, NHRC) have shown that there are numerous incidents of sexual violations taking place within the region. In the case filed by Nandini Sundar and others, there are more than 90 sworn rape affidavits pending before the Supreme Court. Even with six women daring to file private complaints (after the police refused to register the cases of rape) and make their statements before a Magistrate in Konta, there was inexplicable and inordinate delay of months in registering the cases. The arrest warrants have also been shelved for now in the absence of names of the fathers of the accused being included although the persons are clearly identified by their own names and where they are currently posted. In the meanwhile these women and their entire villages are being threatened and intimidated by the accused.
It is in this bleak scenario, that the group of 25 women of the campaign set out for the Dantewara district of Chhattisgarh on 13th evening in solidarity with the women who have stood up against sexual violence and sought justice through democratic means.We are deeply disturbed and anguished by the state’s attempts to use force against these representatives of women’s groups from across the country. It is against democratic principles to suppress dissent and people’s attempts to associate. The campaign is not deterred by the state’s efforts to subsume and threaten democratic rights groups and activists reporting state atrocities against women with the label of “naxalite” and “naxalite-supporters”, and “undertaking anti-government activities”. Unquestioned, the sexual exploitation would continue to grow, remain uncovered and justice denied.
We resolve to respond to such challenges and continue with our efforts to unearth such anti-people and anti-women activities of the state and extend our solidarity to the brave women of conflict areas fighting for justice.
Madhya Pradesh mahila manch on behalf of
Campaign against Sexual Violence and State Repression
Alban Toppo's open letter
Alban Toppo is a lawyer in Chattisgarh. He is an adivasi and was working for HRLN. He helped to fight cases of the displaced tribals in the Bilaspur High Court, cases where the truth about the beatings, intimidation, abduction, killings, rape and sexual violence on tribal women by the Salwa Judum and its new incarnation "Danteshwari Adivasi Swabhiman Manch" which has full sponsorship of the State, would come out. Alban Toppo was picked up from Vanvasi Chetna Ashram office, badly beaten and threatened on 10th December 2009. This open letter shows the ordeal faced by him and by anyone else who is on the side of the tribals.
AN OPEN LETTER & APPEAL
I am a fresh lawyer coming from a tribal family of Jashpur, Chhattishgarh. I finished my law graduation in year 2008, got enrolled with Chhattisgarh Bar Council and started working for poor and underprivileged. For which I had a commitment since my college days. I started learning basics of human rights litigation at Delhi office of Human Rights Law Network and very recently had come to Chhattisgarh to do research for right to food case which is going on in Hon’ble Supreme Court of India and for this. I went to Dantewada, and met Mr. Himanshu Kumar, Director of Vanvasi Chetna Ashram, who has done some study on this issue and taking information, his advice and guidance. I was also providing some legal assistance to him during my stay in Dantewada.
On 10 December, 2009 at about 2:30 P.M. the Thana Incharge (TI) of Bhairamgarh Police Station Mr. K.S. Nand in civil uniform came to the Vanvasi Chetna Ashram (VCA) situated at Katiyarraas accompanied by approximately more than 25 SPO’s in 5 cars. Director of VCA, Shri Himanshu Kumar and few other volunteers of VCA were present. I was also present there. TI spoke to Himanshu Kumar about taking Kopa Kunjam, s/o Lacchu Kunjam, resident of village Alnaar, Block – Geedam, P.S. Dantewada, who is a volunteer of VCA stating that they need him for some interrogation by the Superintendent of Police. He said, “SP Sahab ne bulaya hai, kuch puch tach karni hai”. No notice was served for this. However on being asked by Himanshu Kumar to give some written notice about it, the TI Bhairamgarh immediately wrote on a piece of paper that, “Prati, Kopa Kunjam ! Apse thana Dantewada me kuch poonch thanch karna chahta hoon. Kripya ap mere sath sadar P.S. kotwali chalein.” (I want to do some investigation with you at Dantewada Police Station. Please come with me to P.S. Kotwali). Being an Advocate present at the spot, I thought it to be my duty to accompany VCA Volunteer Kopa Kunjam to Dantewada police station. With the consent of Himanshu Kumar, Director-VCA I went alongwith Kopa Kunjam. At Dantewada police station we were asked to sit down. After making both of us wait for about half an hour, we were asked to come and sit in a vehicle . Thinking that we were being taken to the S.P. Office, we sat in the vehicle. As vehicle proceeded, I introduced myself to the IT Bhairamgadh saying that I am an advocate, having done my law course from Hidayatullah National Law University, Raipur and am associated with Human Rights Law Network. When the vehicle crossed Dantewada, we became suspicious and asked as to where we were being taken now, to which TI, Bhairamgarh, replied, “Kopa Kunjam is now being taken to Beejapur District”. Kopa Kunjam refused to go further as he was not informed about being taken to Beejapur earlier. I also objected to it, stating that the police should follow necessary procedures under the law and should act as per guidelines of the Supreme Court and that they cannot take Mr.Kopa to Beejapur without giving any notice in this regard. By this time Kopa Kunjam came out from the Bolero vehicle and I also got out of the vehicle. The TI along with 2 others got hold of Mr.Kopa and with the help of around 15 S.P.O’s bundled Mr. Kopa into another vehicle which was also coming along with them. When I again resisted to such behavior saying that it was illegal to behave in this manner, two S.P.O.’s started abusing and slapping me and bundled me also inside the car. Before being bundled into car, I somehow managed inform my senior Lawyer, colleagues and friends in Delhi about this incident. Noticing this two SPOs, started slapping and beating me and tried to snatch my mobile and, but I didn’t give my mobile, but after this they force me inside the car and did not allow me use the mobile phone.
At about 5 P.M., we reached Bhairamgarh police station. The IT, Bhairamgadh asked me to give my mobile phone and also asked to switch it off and we were asked to sit there inside the police station. We were kept at a place inside police station with two S.P.O. keeping an eye on us. At about 8 p.m. we were taken for dinner in a nearby Hotel, from where we came in 15-20 minutes. At about 8:45 P.M. the officials of Bhairamgarh police station called me inside a room and tried to ask about the reason of me deciding to accompany Mr.Kopa. About three minutes later TI of Bhairamgarh started addressing me in an extremely rude and disrespectful manner and soon became violent and abusive. He started abusing me with slur and offensive language, which was followed by beatings with a thick bamboo stick and with a hard rubber cane, continuously slapping me while pulling my hair and kicking severely. After sometime he went out and started beating Kopa Kunjam. Kopa Kunjum was brought into the same room and both of us were beaten severely for 30 minutes by the TI Mr. Nand and an assistant constable Banjara, while some 15 other police staff & S.P.Os surrounded both of us. TI Mr. Nand also said that “ No Advocate in Bastar dares to speak in my presence and you talk a lot. Now show me how much you can talk! Show me how much law you know?” Later I was taken to a separate room and was questioned about the purpose of my stay in Dantewada and association with VCA. At around 10 PM, I listened someone saying that , “Sala Bada Admi hai , Delhi se Sahab ka phone aya hai.” Soon after this I was asked to write in a paper that I was brought to Bhairamgadh and as it has become late evening and there is no mode of transport and since the area is a very sensitive and unsafe, I decided to spend the night at Bhairamgarh station, where I am safe. In Bhairamgadh Police Station, they said that that Himanshu is a Naxalite and whoever is working with Himanshu is a naxalite and who stays with Himanshu it a Naxal supporter.
Mr. Kopa was very badly beaten and had received serious injuries on his chest, back and leg, due to which he was even unable to walk and sleep properly. I have got injuries on front portion of elbow of right hand, biceps and back causing severe pain and swelling. I was even not able to move my hands and back due to severe pain. I spend whole of night shivering and in pain, speculating what next is to happen.
On 11 December, 2009 at 9:30 a.m. I was send to Dantewada police station accompanied by 4 S.P.O.’s in a vehicle and one head constable of Bhairamgarh police station, while Mr. Kopa was kept detained. When they reached Dantewada Police Station, two volunteers of VCA were called and I was handed over to them.
After being released, next date day, I went to Ambedkar Hospital, Raipur to get a medical examination done, however I was asked make a compliant before the police and I was informed that the police will come after I make the complaint and then MLC will be conducted in the presence of police. I thought of going back to Dantewada to lodge the F.I.R. but because I was scared of being implicated in any false case this time, I did not go there.
However, being very much concerned about the trend of even lawyers not being allowed to function freely and being beaten up like this, I have no other option except to write this open letter-cum-appeal addressed to every body so that the issue could be taken up by the society itself. I have been subjected this kind of brutality for working for poor and powerless. It is against law, against democracy and even against morality to do this to an advocate. If such kind of treatment is given to young lawyers who want to work towards a better society, young generation will loose hope.
Kindly take appropriate step against those who have abused power vested in them to beat and insult me in this gruesome manner and help restoring the faith of young people in the democracy and rule of law.
Yours Sincerely
Alban Toppo
Advocate
AN OPEN LETTER & APPEAL
I am a fresh lawyer coming from a tribal family of Jashpur, Chhattishgarh. I finished my law graduation in year 2008, got enrolled with Chhattisgarh Bar Council and started working for poor and underprivileged. For which I had a commitment since my college days. I started learning basics of human rights litigation at Delhi office of Human Rights Law Network and very recently had come to Chhattisgarh to do research for right to food case which is going on in Hon’ble Supreme Court of India and for this. I went to Dantewada, and met Mr. Himanshu Kumar, Director of Vanvasi Chetna Ashram, who has done some study on this issue and taking information, his advice and guidance. I was also providing some legal assistance to him during my stay in Dantewada.
On 10 December, 2009 at about 2:30 P.M. the Thana Incharge (TI) of Bhairamgarh Police Station Mr. K.S. Nand in civil uniform came to the Vanvasi Chetna Ashram (VCA) situated at Katiyarraas accompanied by approximately more than 25 SPO’s in 5 cars. Director of VCA, Shri Himanshu Kumar and few other volunteers of VCA were present. I was also present there. TI spoke to Himanshu Kumar about taking Kopa Kunjam, s/o Lacchu Kunjam, resident of village Alnaar, Block – Geedam, P.S. Dantewada, who is a volunteer of VCA stating that they need him for some interrogation by the Superintendent of Police. He said, “SP Sahab ne bulaya hai, kuch puch tach karni hai”. No notice was served for this. However on being asked by Himanshu Kumar to give some written notice about it, the TI Bhairamgarh immediately wrote on a piece of paper that, “Prati, Kopa Kunjam ! Apse thana Dantewada me kuch poonch thanch karna chahta hoon. Kripya ap mere sath sadar P.S. kotwali chalein.” (I want to do some investigation with you at Dantewada Police Station. Please come with me to P.S. Kotwali). Being an Advocate present at the spot, I thought it to be my duty to accompany VCA Volunteer Kopa Kunjam to Dantewada police station. With the consent of Himanshu Kumar, Director-VCA I went alongwith Kopa Kunjam. At Dantewada police station we were asked to sit down. After making both of us wait for about half an hour, we were asked to come and sit in a vehicle . Thinking that we were being taken to the S.P. Office, we sat in the vehicle. As vehicle proceeded, I introduced myself to the IT Bhairamgadh saying that I am an advocate, having done my law course from Hidayatullah National Law University, Raipur and am associated with Human Rights Law Network. When the vehicle crossed Dantewada, we became suspicious and asked as to where we were being taken now, to which TI, Bhairamgarh, replied, “Kopa Kunjam is now being taken to Beejapur District”. Kopa Kunjam refused to go further as he was not informed about being taken to Beejapur earlier. I also objected to it, stating that the police should follow necessary procedures under the law and should act as per guidelines of the Supreme Court and that they cannot take Mr.Kopa to Beejapur without giving any notice in this regard. By this time Kopa Kunjam came out from the Bolero vehicle and I also got out of the vehicle. The TI along with 2 others got hold of Mr.Kopa and with the help of around 15 S.P.O’s bundled Mr. Kopa into another vehicle which was also coming along with them. When I again resisted to such behavior saying that it was illegal to behave in this manner, two S.P.O.’s started abusing and slapping me and bundled me also inside the car. Before being bundled into car, I somehow managed inform my senior Lawyer, colleagues and friends in Delhi about this incident. Noticing this two SPOs, started slapping and beating me and tried to snatch my mobile and, but I didn’t give my mobile, but after this they force me inside the car and did not allow me use the mobile phone.
At about 5 P.M., we reached Bhairamgarh police station. The IT, Bhairamgadh asked me to give my mobile phone and also asked to switch it off and we were asked to sit there inside the police station. We were kept at a place inside police station with two S.P.O. keeping an eye on us. At about 8 p.m. we were taken for dinner in a nearby Hotel, from where we came in 15-20 minutes. At about 8:45 P.M. the officials of Bhairamgarh police station called me inside a room and tried to ask about the reason of me deciding to accompany Mr.Kopa. About three minutes later TI of Bhairamgarh started addressing me in an extremely rude and disrespectful manner and soon became violent and abusive. He started abusing me with slur and offensive language, which was followed by beatings with a thick bamboo stick and with a hard rubber cane, continuously slapping me while pulling my hair and kicking severely. After sometime he went out and started beating Kopa Kunjam. Kopa Kunjum was brought into the same room and both of us were beaten severely for 30 minutes by the TI Mr. Nand and an assistant constable Banjara, while some 15 other police staff & S.P.Os surrounded both of us. TI Mr. Nand also said that “ No Advocate in Bastar dares to speak in my presence and you talk a lot. Now show me how much you can talk! Show me how much law you know?” Later I was taken to a separate room and was questioned about the purpose of my stay in Dantewada and association with VCA. At around 10 PM, I listened someone saying that , “Sala Bada Admi hai , Delhi se Sahab ka phone aya hai.” Soon after this I was asked to write in a paper that I was brought to Bhairamgadh and as it has become late evening and there is no mode of transport and since the area is a very sensitive and unsafe, I decided to spend the night at Bhairamgarh station, where I am safe. In Bhairamgadh Police Station, they said that that Himanshu is a Naxalite and whoever is working with Himanshu is a naxalite and who stays with Himanshu it a Naxal supporter.
Mr. Kopa was very badly beaten and had received serious injuries on his chest, back and leg, due to which he was even unable to walk and sleep properly. I have got injuries on front portion of elbow of right hand, biceps and back causing severe pain and swelling. I was even not able to move my hands and back due to severe pain. I spend whole of night shivering and in pain, speculating what next is to happen.
On 11 December, 2009 at 9:30 a.m. I was send to Dantewada police station accompanied by 4 S.P.O.’s in a vehicle and one head constable of Bhairamgarh police station, while Mr. Kopa was kept detained. When they reached Dantewada Police Station, two volunteers of VCA were called and I was handed over to them.
After being released, next date day, I went to Ambedkar Hospital, Raipur to get a medical examination done, however I was asked make a compliant before the police and I was informed that the police will come after I make the complaint and then MLC will be conducted in the presence of police. I thought of going back to Dantewada to lodge the F.I.R. but because I was scared of being implicated in any false case this time, I did not go there.
However, being very much concerned about the trend of even lawyers not being allowed to function freely and being beaten up like this, I have no other option except to write this open letter-cum-appeal addressed to every body so that the issue could be taken up by the society itself. I have been subjected this kind of brutality for working for poor and powerless. It is against law, against democracy and even against morality to do this to an advocate. If such kind of treatment is given to young lawyers who want to work towards a better society, young generation will loose hope.
Kindly take appropriate step against those who have abused power vested in them to beat and insult me in this gruesome manner and help restoring the faith of young people in the democracy and rule of law.
Yours Sincerely
Alban Toppo
Advocate
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