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@...>


INSAF
(Indian Social Action Forum)
A-124 FF, Katwaria Sarai, New Delhi- 110 016: E-mail: insaf@...
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 PEOPLE’S REPORT on the State
Repression in implementing such an anti-people and pro-globalization industrial
policy in Chhattisgarh. INSAF, along with other People’s 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, INSAF’s National Executive Committee members
from Chhattisgarh – Adv Gautam Bandopadhyay and Ms. Hemlata Rajput – said that
the BJP Government’s 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 Churches–URM, 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 people’s 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. people’s 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 BJP’s 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 people’s 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@...



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