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Obituary Salute to Late Prof. Rajni KothariPeoples Union for Democratic Rights expresses its sincere condolences on the deathof Professor Rajni Kothari, public intellectual, civil rights activist and institution builder.A leading intellectual, Prof. Rajni Kotharis academic pursuits emerged from hisdemocratic commitments and deep concern for the marginalised and deprived sectionsof society. Prof. Kothari was not satisfied with his personal contributions andsuccessfully demonstrated the path to being an institution builder. He was instrumentalin setting up the Centre for Studies of Developing Societies, Lokayan, amongst others.

As an activist he has made a valuable contribution to the civil rights movement inIndia as General Secretary and President of the Peoples Union for Civil Liberties(PUCL). PUDR remembers Prof. Kothari with fond gratitude for his readiness to commitPUCL to the joint responsibility, along with PUDR to publish Who are the Guilty? areport on the anti-Sikh massacre in Delhi in 1984. The decision demonstrated thecourage of conviction, and the collaboration helped both organizations weather thestorm brought upon them by the then ruling party Congress I, whose leaders had beennamed by survivors to be allegedly involved in instigating

All India Convention on Black Laws in India

Imphal (Manipur), 15. 02.15.The Convention was organised by Coordination ofDemocratic Rights Organisation (CDRO) and hostedby Committee on Human Rights (COHR), Manipur atthe Centenary Hall of Manipur University (MU),Canchipur, Imphal. The convention commenced from10 a.m. to 6 p.m. and was divided in to two sessions -Inaugural session in the morning and CDRO speakerssession in the afternoon.

INNAGURAL SESSION:The inaugural session was graced by the Chief

Guest Prof. H. Nandakumar Sharma, Vice Chancellor ofManipur University, Mr. Phulindro Konsam, Chairmanof Coordination of Human Rights (COHR), Manipurand Mr. Paramjeet Singh, activist of Peoples Union ofDemocratic Rights and Co-ordinator of CDRO.

In this session, many local speakers from Manipurexpressed their desire to repeal the draconian laws, inparticular the Armed Forces Special Power Act(AFSPA), 1958, which are being promulgated inManipur with multifaceted human rights violations ofthe peoples. The prolonged imposition of this

draconian law, AFSPA, 1958 by the GOI clearly indicated their perceptionand outlook on the people of North-East (NE), in particular to the peopleof Manipur. There is stark indifferent attitude of various IndianGovernments in power with respect to the laws in operation in the statesof North East. The draconian laws such TADA, POTA, etc. have beenrepealed or amended because of public and politicians pressure whereasAFSPA, 1958 has yet to be repealed despite intense public andinternational pressures. Even during the talk between Apuba Lup, aconglomeration organisation in Manipur formed

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MARCH 2015 CONTENTSand leading mobs of rioters.

PUDR salutes the memory ofProf. Kothari and vows to keepstriving to remain true to thedemocratic commitments his liferepresents.

Megha BahlSharmila PurkayasthaSecretaries, PUDRNew Delhi, 23rd January 2015.

in connection with the incident of thebrutal and merciless rape and murderof Ms. Manorama Chanu bypersonnel of 17th Assam Rifles, theformer prime minister of India, MrManmohan Singh, had expressedthat AFSPA, 1958 is a pure draconianlaw and assured for its review andreplacement by a more human Act.However, despite his deliberationsand assurances and lapses of morethan a decade time, the AFSPAcontinues to terrorise the people ofManipur without fulfilling any ofthose assurances.

Speech of Chief Guest, Prof.Nandakumar asserted that everypeople, without distinction of anykind, such as race, colour, sex,language, religion or social origin,property, birth and other status needto be aware of basic human rightsthen only they can legally interveneagainst any form of human rightsviolation. He commented that peopleshould not only demand theirgrievances but need to know theirduty also. He also highlighted thesources of human rights violationlike scourge of War which twice inour lifetime had brought untoldsorrow to mankind. Moreover, therole of UN as well as otherinternational NGOs movement forthe promotion and protection ofhuman rights in the world is alsoimportant, he added.

In his speech as the Guest of honour, Mr. Paramjeet, Coordinator ofCDRO, commented that the incidence of rampant human rights violationbecause of various draconian laws has become common not only in Manipur,but in almost all of India. Despite the differences in the cause and reason ofhuman rights violations, the pattern and forms of these violations are almostsimilar in nature. He also referred to many debates where dichotomy betweendraconian laws and basic human rights has been the subject matter whenthese draconian laws were debated in countries like USA, UK and Canada.Even the NHRC in India had questioned as to how the presence of thesedraconian laws can ascertain the basic rights of citizen in a democraticcountry. He added that places like Punjab, Haryana and several parts ofIndia had seen the application of a range of draconian laws, UAPA andSedition, on farmers and workers demanding their basic rights. Using thesedraconian laws, state is trying to push its anti people policies in the name ofdevelopment and there are many reports which indicate rampant humanrights violation in almost every parts of the country, he asserted. The arrestof Prof G.N. Saibaba of Delhi University was also mentioned in this context.He also detailed the manner in which UAPA and other draconian laws arebeing used against common people and leaders and activists in Kerala,

(All India Convention ...)

Salute to Late Prof. Rajni Kothari, PUDR ...............................All India Convention on Black Laws in India, CDRO ...............Can Compensation Replace Justice, PUDR ...........................Demand for Immediate Stringent Action against the Discovery

of Mass Grave at the Heart of Imphal City, COMGATS .....Condemning Undemocratic Extension of AFSPA, PUDR .........Fact Finding Report on Alleged Murder of RTI Activist in Niali

Block of Cuttak district, Odisha, OSAA, HRF, SFJ, DHRM.Why was Greenpeace Activist Prevented from Travelling to

London?, PUDR ............................................................Report of the OPDR on the Discrimination against Dalits at

Gadikota Thumadigapalli in AP, OPDR ............................In Manipur but NOT in Jammu and Kashmir, APDP (J & K) .....Oppose Death Penalty on Arif, PUDR .....................................APDR Letter to Mamata Banerjee to Unconditionally Release

all Political Prisoners in West Bengal, APDR (WB) ..........Demand Action against Special Cell Personnel in Liaquat Shah

Case, PUDR .................................................................CPDR Condemns Cowardly Attack on Com Govind Pansare

and Mrs. Uma Pansare, CPDR (Maharashtra) .................Release of Fact-Finding Report, War and the Lightness of

Being Adivasi: Security Camps and Villages in Bijapur,Chhattisgarh, PUDR ......................................................

On the Deplorable Situation Regarding Swine Flu in WestBengal, APDR ..............................................................

Condemn the Murder of CPI Leader Govind Pansare, PUDR ...Jharkhand Council for Democratic Rights: First Annual Conference

2015 .............................................................................

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CDRO Bulletin 3

under the bogey of Maoism, suchas Jaison Cooper, Thushar Sarathy,who are raising concern andstruggling against forcible landacquisition,

Delivering his presidentialspeech, Mr. Phulindro Konsam,expressed that CDRO is aconglomerate organisation,consisting of 20 civil rights anddemocratic rights organisations fromdifferent parts of India. The aim andobjective of CDRO is to jointlylaunch democratic struggle againstany form of state repression whichare being faced by the people underthe anti people laws in different partsof the country. The Government ofIndia (GOI) has been enforcing manydraconian laws and legislation whichwere enacted during the Britishcolonial period. As these laws werebasically British legacy, it is intendedmore to sustain British rule andhegemony in the land, claimed to bethe largest democratic country inworld. All these laws are inherentlyanti-people. Many fundamentalnorms of democracy are not followedin many parts of the country. India isa sub continent inhabited by peoplebelonging to different races andreligion. Many draconian laws arebeing enforced in the country andthereby openly following a policy ofdiscrimination, repression andsubjugation in the name of law andorder as well as in the pursuance ofdevelopmental policy and processes.

SECOND SESSSION: CDROSPEAKERS

The second session wasmoderated by Mr. Ramkumar ofOrganisation for Protection ofDemocratic Rights (OPDR, AP &Telengana) and the speakersincluded Mr. Raghunath of CivilLiberty Committee (CLC,(Telengana), Mr. Phulindro (COHR,Manipur) and Mr. Manishwar of

Campaign for Peace & Democracy(Manipur).

Mr. Raghunath shared howseveral draconian laws in Telanganaand Andhra Pradesh were abused totarget those who struggled for socialemancipation, non-discriminationagainst dalits and adivasis andwaging genuine and democraticstruggle to defend their rights, landand forest against corporate interestand expansionism. He also sharedhow many farmers of Telanganacommitted suicide due to thepursuance of imperialist ledeconomic and development policiesand due to increased conscriptionof their land by corporate bodies.Adivasis, dalits, tribals and otherindigenous peoples who arestruggling for their fundamental anddemocratic rights are subjected toinhumane and degrading treatment,under draconian laws like theUnlawful Activities Prevention Act(UAPA) and many are subjected tounlawful and arbitrary detentionunder the National Security Act(NSA). He condemned the lack anddenial of justice by those armedforces and security forces and urgedupon the Government of India torepeal all draconian laws operatingin India and urged all strugglingcommunities to unite, extendsolidarity and to struggle together.

Mr. Ramkumar shared how thecurrent Andhra Pradesh Governmentis embarking on a destructive planto acquire more than one lakh acresof fertile agriculture land which willlead to impoverishment and hardshipfor the peasants and small scalefarming communities of AndhraPradesh. Increasingly draconianlaws are being applied to those whoare opposed to neo liberal model ofdevelopment which had led to moreinequality and poverty among themarginalized people. He said alldemocratic countries should respect

struggling peoples call for rights,equality and justice.

Mr. Phulindro Konsam sharedhow the Government of Indiaresponded militarily to the politicalstruggle for Right to Self-Determination in Manipur that isguaranteed by many InternationalInstrument of Human Rights as wellas other international Laws. How theGOI has imposed the draconian lawslike the Armed Forces Special PowersAct (AFSPA), 1958 which waspassed in the Parliament. AFSPA is apredecessor of Armed Forces SpecialOrdinance, 1942 enacted duringBritish colonial rule in India. It was ahundred percent colonial law usedfor continuation of their colonialadministration in India and severalother legislations that led tohorrendous human rights violations.He stressed that Manipur hasbecome a killing field underdraconian laws like the ArmedForces Special Powers Act, 1980. Healso said that AFSPA is muchdeadlier than any other draconianlaws and is specifically imposed onlyon indigenous peoples areas ofNorth-East is akin to special gift forthese indigenous peoples. This ispart of Indias racial discriminationon North- East people. He said theviolation of political and economicrights is often the genesis of humanrights violation and further stressedon the need for countries like Indiato fully abide by the InternationalHumanitarian and Human Rightslaws, to promote civilians in anysituation of Armed Conflict.

Mr. Manishwar in hisdeliberation stated that democraticorganizations in Manipur need toassess the key factors that lead toconflict and human rights violationsin Manipur. He said Manipur haschanged due to massive influx ofcapital under Indias neoliberalpolicies and has fostered much

4 CDRO Bulletin

disparity and widening of wealth among the mass. The increasing corporateexpansionism and targeting of land and natural resources has furtherimpoverished the people and the Indian state facilitated such policies anddeprivation with increased militarism and enforcement of special emergencylegislations to curtail and suppress all democratic voices for rights andjustice.

At the end of the session, COHR thanked all the delegates and audiencewho attended the day long programme.

Can Compensation Replace Justice?

On 18th December 2014, the Supreme Court directed the Central Governmentto pay Rs. 10 lakh as compensation to the family of Thangjam ChanuManorama Devi. PUDR recognizes that this is a small step but cannot be asubstitute for actual justice. Reacting to the SC Order, Manorama Devisyounger brother Thangjam Dorendro and Manoramas mother, ThangjamKhumanlei stated that though the SC ruled the incident as a stagedencounter, their demand was not for compensation but justice.

Manorama Devi was picked up on the night of 11th July, 2004 from herhome in Imphal by soldiers of the Assam Rifles on charges of being amember of the banned Peoples Liberation Army. She was tortured, rapedand subsequently killed in their custody. Following massive protests inManipur, the State Government of Manipur ordered a commission of inquiryinto Manorama Devis murder the very next day. In August 2004, the AssamRifles filed a petition before the Guwahati High Court stating that theManipur Government had no authority to appoint a commission to inspectinto the acts of the armed forces. Invoking Armed Forces Special PowersAct (AFSPA), the Assam Rifles asserted that initiation of legal proceedingsagainst personnel of the Armed Forces required the sanction of the CentralGovernment.

On 31st August, 2010 the Guwahati High Court Division Bench passedan order that the commission is valid and State of Manipur is at liberty todeal with the report of the commission in accordance of the provisions ofCommission of Inquiry Act, 1952. Again, in 2011 the Union of Indiaapproached the SC against the 2010 order. The National Human RightsCommission (NHRC) also sought to implead itself in the case and demandedRs. 10 lakh as compensation to be paid by the Ministry of Defence. Now, inthe recent order dated 18th December, 2014, the SC has agreed to hear theCentres appeal against the 2010 Order and has directed the Union to payRs. 10 lakh as interim compensation to Manorama Devis family within fourweeks of the order.

This tragic incident needs to be understood in light of the impunitywhich the Armed Forces enjoy in India. PUDR has reiterated that crimesincluding torture and sexual violence have found sanction with the operationof not just draconian laws like AFSPA but sections in other acts like theArmy Act, BSF Act, CRPF Act etc. Provisions in these Acts aid the ArmedForces and become a tool for the Indian Government to suppress peoplesmovements. The victims of military violence in these areas do not have

access to judicial remedies becausecriminal courts lack the sanction toprosecute members of the ArmedForces. The Armys own record indealing with crimes committed by itspersonnel in these areas is appallingas well. The consequent powerrelations created by these Acts leadto a violation of the democratic rightsof individuals and leaves behind alegacy of sexual violence, tortureand a culture of impunity.

It is extremely sad to note that10 years have crawled by sinceManorama Devis murder but justicehas eluded her family members. It isalso extremely absurd and insensitiveto think that compensation can everreplace the true course of justice.PUDR demands the arrest andprosecution of the Armed Forcespersonnel responsible forManorama Devis murder. PUDRalso demands that all provisionswhich create impunity of the ArmedForces in the country including butnot limited to AFSPA be revoked.

Sharmila PurkayasthaMegha BahlSecretaries, PUDR

30. 12. 2014.

CDRO Bulletin 5

Demand for Immediate Stringent Action againstthe Discovery of Mass Grave at the Heart of

Imphal City

I, on behalf of the committee on Mass Grave at Tombisana high School,would like to draw your kind attention to the discovery of Eight (8) skullsand various skeletons on 25th December 2014 while digging up the erstwhileformer Tombisana High School premises at the heart of Imphal city forconstruction of Ima-keithel (Womens market).

The findings of these eight human skeletal remains and skulls has raisedhigh suspicion, especially among the families of those disappeared in thehands of Indian Army and paramilitary units that the skeletal remains werethose of their missing and love ones whose bodies were never recovered.The suspicion arose as the Tombisana High School where it was earlieroccupied by the Border Security Forces, Central Reserve Police Force andlatter Manipur Police for many decades.

There is strong possibility that the skulls and skeleton remains maybelong to those who disappeared in the hands of the security forces.Altogether 22 cases of enforced disappearances (1980-2000) were recordedin which the main perpetrator were CRPF, AR, J&K Light Infantry, MadrasRegiment, Sikh Regiment, etc. An initial expert opinion from the ManipurUniversity Anthropology Department has also suggested that the humanremnants would have been buried for around 17 to 40 years. This timeperiod roughly coincide with the high period when the phenomena ofenforced disappeared was endemic on Manipur as a part of counterinsurgency operation. Moreover the site is only about 200 meters far fromKangla, where the Joint Interrogation Cell in which interrogation of suspectedinsurgents/criminals are carried out by a various security and intelligenceagencies operating in the state of Manipur. Therefore the bones could alsobe the most crucial and critical evidence to establish the heinous criminalacts.

Ever since the whole of Manipur was declared a Disturbed Area underthe Section 3 of Armed Forces Special Power Act, 1958 more than fifty yearsback in the name counter Insurgency Operation as well as law and orderproblem that Indian army/ security forces (SFs) are given unrestricted anduncounted power to carry out their operations. In these areas, thefundamental rights such as the right to life, the right to a fair trial, the rightto remedy and reparation, the right against torture and right against arbitrarydetention (as well as a series of economic, social and cultural rights) havebeen consistently violated.

Behind this Act the Indian security forces committed rampant humanrights (HR) violation like molesting, sexual harassment, rape, involuntaryenforce disappearances, extrajudicial execution, custodial killing for the lastmany decades. Moreover, many youths have also been killed in fakeencounter in the name of exchange of fire. Army and Para military that weredeployed for the protection of dam and other governmental projects werealso committing HR violation, targeting civilians including children andwomen.

Many different organisationshave already expressed theirconcerns through media and alsosubmitted representations to theHonble Chief Minister of Manipurto immediately halt the digging of theexcavation site and to seal off thepremises from any activities ofconstruction work unless and untilto allow persons officially to conductscientific exhumation of the site withthe help of competent experts in thefield but the digging still continuesunabated.

Under the intense publicpressure, the government ofManipur on 29 December, 2014decided to handover theinvestigation on skull and skeletalrecovery to the Central Bureau (CBI)of Investigation. However, the peopleare worried that this agency willrather serve the interest of state andundermine justice sought by victimsof families of the disappeared. Thepeople are also worried ofmanipulation with the evidence andskeletal remains during theinvestigation unless taken up in afair impartial and transparencyprocess. The Families of theInvoluntary DisappearedAssociation, (FIDAM) Manipurwrote to the Chief Minister ofManipur on 27 December 2014 to halton construction work at TombisanaHigh School to institute a fullindependence inquiry to ascertain allfact.

I would like to remind thatGovernment of India has signed theInternational Convention for theProtection of All Persons fromEnforced Disappearance on 6thFebruary 2007, thereby accepting theprinciples of the convention so thatit could be incorporated intomunicipal laws after ratification.According to Article 24 (3) of the saidconvention stated that each State

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Party shall take all appropriatemeasures to search for, locate andrelease disappeared persons and, inthe event of death, to locate, respectand return their remains. Further theState is under an obligation, as perArticle 23 (4) of the said Convention,that it shall ensure a legal system thatthe victims of enforceddisappearances have the right toobtain reparation and prompt, fairand adequate compensation. Underthe UN Convention on Protection ofall Persons from EnforcedDisappearances, the Government ofIndia, Government of India is obligedto fully investigate the discovery ofmass grave at Tombisana HighSchool to fully ascertain theprevalence of enforceddisappearances and genocidekillings in Manipur.

I, on behalf of the COMGATS,Manipur, therefore requested you toforward our demands in the largerinterest of the people of Manipur.

1. To institute a specialCommission of Inquiry, comprising

Legal Luminaries, Forensic Expert,Human Rights Defenders,Anthropologist, etc. to investigatethe discovery of mass grave andfurther to prosecute all those securityforces in case of confirmation of theirinvolvement.

2. To pass an order toimmediately stop all constructionworks at Tombisana High Schoolpremise unless and until a systematicexcavation and scientific exhumationof the site is conducted andcompleted.

3. To preserve and seal the Skulland Skeleton remains found andcollected from Tombisana HighSchool, so far with full and directinvolvement of (FIDAM)representatives.

4. Provide justice to families ofthose disappeared at the hands ofIndian Security Forces in Manipur

5. Repeal Armed Forces SpecialPowers Act, 1958 and end all extrajudicial execution and enforceddisappearances in Manipur

In case the Governments failure

to comply with our charter ofdemands within short period; theCommittee will resort to all possiblemass movement in democraticallywith the people of Manipur to fulfilour demands. In conclusion,COMGATS would like to assert thatthe Government of Manipur shouldassume full and sole responsibilityof any untoward incident that mayoccur due to non fulfilment of ourdemands.

Yours sincerelyPhulindro KonsamConvenor,Committee on Mass Grave atTombisana High School

25th January, 2015.

Note: The above text is thememorandum of the Committeeon Mass Grave at TombisanaHigh School, submitted to theChief Minister of Manipur, dated

Condemning Undemocratic Extension ofAFSPA

PUDR strongly condemns the extension of the Armed Forces Special PowersAct, 1958 (AFSPA) in Assam, on January 2, 2015 under Section 3 of the Actby the Government of India. Coming in the wake of the recent massacre ofadivasis by the National Democratic Front of Bodoland (Songbijit) onDecember 23, 2014 in Kokrajhar, Sonitpur and Chirang districts of Assam,this extension is a testament to the states militarised approach to the politicalissues underlying the carnage.

While the renewal of AFSPA is a routine exercise undertaken in allstates where it is enforced, the Act has been used to subvert the democraticaspirations of people and rights of individuals through an imposition of aculture of aggression and crimes committed by the army and paramilitaryforces. Draconian laws like AFSPA not only provide legal immunity to thearmed forces but also override the jurisdiction of criminal courts. Instead ofaddressing the complex realities of these regions, the enactment andextension of laws like AFSPA transforms political demands into law andorder problems, solved by military operations. In the present instance, themassacre perpetrated by the NDFB (S) was preceded by an alleged fakeencounter of two of its cadres by the armed forces on December 21, 2014. In

retaliation the NDFB(S) massacredmore than 80 adivasis. Subsequentlythe government deployed 50columns of army and 66 companiesof the central armed police forces.This knee jerk reaction of thegovernment will only furthermilitarise an already militarisedregion racked by AFSPA.

Coupled with the governmentsutter lack of political will in solvingthe ethnic tensions plaguing theregion, PUDR strongly condemnsthe killings of adivasis and urges theNDFB (S) leadership to takeresponsibility for its retaliatory andreprehensible actions. According toa recent news report on the deathtoll, it is stated that of the 80 bodiesfound so far, more than 40 are thoseof children, women or men above 60years. Besides, the carnage, likeprevious ones, has led to widespread

CDRO Bulletin 7

IntroductionRight to Information Act (RTI) activists are vulnerable Human RightsDefenders (HRDs) in India. Unlike other HRDs, a majority of the RTIactivists are not part of an organisation; they often act alone, moved byanger at corruption and other illegal activities. The Right to InformationAct, 2005 provides inadequate protection to whistle blowers. Many RTIActivists, been harassed and even murdered for seeking information topromote transparency and accountability in the working of every publicauthority in India. Many face assaults on a regular basis. People seekinginformation from their Gram Panchayat and the local administration alsoface social ostracism. A few activists who sought information under RTIrelated to MGNREGA scams, were killed. Many threats and attacks(including murder) go unreported by the media some times.

On 1.2.15, Sambad, a leading Odia daily newspaper made news coverageabout murder of an RTI Activist Sri Krupasindhu Sahu, aged 40 of Nachhingavillage under Krushnaprasad Panchayat of Niali Block of Cuttack district.Being perturbed and disturbed over the news, it was thought of to visit thearea immediately to ascertain the fact and the circumstances that led to themurder of an RTI user, role of the police administration etc. It needs to be

mentioned here that last month on28.12.14, Sri Ganesh Chandra Panda,RTI Activist of Berhampur wasmurdered by unidentified hooligansin the early morning when he was onmorning walk. Accordingly a four-member team of Human RightsActivists, Sri Pradip Pradhan, StateConvener, Odisha SoochanaAdhikar Abhijan, Sri Manoj Jena,chairperson, Human Rights Front,Bijayalaxmi Routray, Member,Society for Fast Justice,Bhubaneswar and Sri Srikant Pakal,District Human Rights Defender,Human Rights Front,Cuttack visitedthe spot, enquired into the incidentand held discussion with thebereaved family members ofdeceased Krupasidhu Sahu , Police,villagers, political people, etc.

Prelude to martyrdom- a nexus ofCriminals, Police and people ofRuling political party

Sri Krupasindhu Sahoo, aged 40is a farmer and earns his livelihoodby cultivating his 5 acres of land. Hewas survived by his mother, wife andtwo children. At first, the Teammembers visited his house andinteracted with his wife Smt. GitanjaliSahu about the incident. His nieceGitanjali Sahoo also elaboratedchronologically the event that hadled to the murder of Sri Sahoo. Theexcerpts of the discussion are asfollows.

On 26.1.15, Sri Sahoo had goneto village market in the evening anddid not return back. His wife gotdisturbed finding his delay to returnto home and made repeated calls tohis mobile which was foundswitched off. On 27. 1.15, the familymembers made fervent attempts tolocate him and searched manyplaces, but it went in vain. But hisvehicle was found deserted nearMahaveer temple of the village.Finding the vehicle, the family

internal displacement of the adivasipopulation who fled their homesfollowing the massacre.

The history of this violence bythe state and militant groups is partand parcel of the fractured processesof agreements that governments inpower have made with certain armedgroups, leaving other groupsdiscontented. In Assam thesettlement signed between theGovernment and the Bodo LiberationTigers in 2003, created the BodolandTerritorial Autonomous Districts(BTAD). However, in the process theGovernment not only failed to winover other armed factions but alsocreated a situation of skewedrepresentation of the majority non-Bodos in the Bodo Territorial Council(BTC). Thus resentment betweenboth the Bodo and non Bodocommunities has not died but onlyincreased. The killing of 8 Bodocivilians by adivasi mobs after theincident on December 23, 2014 bears

witness to the fragile and strainedrelationship between the Bodos andnon-Bodos.

In this environment where thestate continues to play its part inintensifying ethnic divisions, theAFSPA nurtures militancy bycreating an environment of terror andfear which have engulfed differentethnic groups in a cycle ofvengeance. PUDR demands theimmediate repeal of AFSPA. PUDRdemands that militants groups likeNDFB(S) respect the fundamentalright to life of civilians in armedconflict areas. Further, we alsodemand that the Governmentacknowledge that the Decembercarnage is a part of a warring politicalproblem and engage with it throughdemocratic methods.

Sharmila PurkayasthaMegha BahlSecretaries, PUDR6th January 2015.

Fact Finding Reporton Alleged Murder of RTI Activist in Niali

Block of Cuttak district, Odisha

8 CDRO Bulletin

members suspected that someunusual incident might have takenplace. So, on 28.1.15, Smt. GitanjaliSahu received two mobile calls indifferent times ( at 8 AM and 7 PM)from an unknown person ( M- 95839-83871) who demanded 30 lakhrupees and 3 kg gold to get releaseof his husband who has beenkidnapped and kept in anunidentified place. She expressedhelplessness and requested torelease her husband. Then, she filedan FIR in Niali Police station at 3 PMto find out the whereabouts of herhusband. On 31st January the Policelocated the spot i.e., river bed ofTanla river where his dead body wasfound buried. The police teamrecovered the body and sent toS.C.B. Medical for Post Mortem. ThePolice also arrested Pratap Jena,nephew, sister and mother of theaccused Kartik Pani, the primeaccused of same village who hadreturned from jail after 7 yearsrigorous imprisonment on a murdercases. He was found absconding.

Smt. Gitanjali Sahu also sharedwith the team that 3 months back,her husband had submitted RTIapplication to the office of theDistrict Agriculture officer, Cuttackseeking information about details offund spent for SRI cultivation underBGREI and beneficiary list of BlockDemonstration of HYV paddy inKrushnaprasad Gram Panhayat ofNiali Block. This informationsupplied by the PIO exposed hugecorruption and misappropriation offund by the beneficiaries who havetaken lakhs of rupees by making falsebill in connivance with Agricultureofficials and the SANSKAR, an NGOwhich has been given the project tomonitor the same. Armed with theinformation, Krupasindhu lodgedcomplaint to the authority seekingan enquiry into corruption andrecovery of fund. This enraged the

beneficiaries of the misappropriationof fund who made several attemptsto attack him and threatened him tomurder. But he remained undeterredin his mission. His wife in her FIRfiled in the police station hasmentioned the name of these peoplewho have threatened him of direconsequence several times. Thoseare Trilochan Pani, Sanjay Bhoi, AjaySethi, Rupan Behera, who are thepolitical cadres of Biju Janata Dal,the ruling political party in the state.During interaction, Gitanjali Sahusaid that it was a pre-plannedpolitical murder with the support ofSri Satyabrata Lenka, Inspector-In-Charge of Niali Police station. Shealso said that the culprits should bearrested immediately and seriouspunishment should be given to thepeople involved in the murder of herhusband. She also requested theteam to arrange support for theeducation of her sons.

The Team also visited the spoti.e., the house of the prime accusedwhere Krupasindhu was allegedlymurdered. This house was founddeserted. The villagers said thatwhen the prime accused Kartik Paniwas jailed on murder case sevenyears back, his mother and sister leftthe place and stayed in other places.The villagers also said that the primeaccused who is still absconding wasfound accompanying SriKrupasindhu in the market in theevening on 26.1.15. He might havemurdered him on the same day. Ashe is a hard-core criminal, he mighthave been given supari by thepowerful people to kill Krupasindhu,which needs to be enquired by theinvestigating agency.

The Team visited the NialiPolice station to meet Sri SatyabrataLenka, Inspector-In-Charge. But SriNrusingha Charan Swain, SDPOwho has been given theresponsibility to investigate into the

matter said that the IIC had beenasked by SP, Cuttack to go on leave.Swain had just joined on 31. 01. 2015 in his place. During interactionabout the murder case ofKrupasindhu Bhoi. Sri Swainapprised the team that his wife hadfiled an FIR and following it thepolice has registered the case underIPC 364 on 28.1.15 and startedinvestigation. The Police haveidentified Sri Kartik Pani as mainaccused, who is absconding andarrested his nephew Pratap Jena,mother and sister after mobile phonetracking. The police team hasrecovered the decomposed bodywith help of Pratap Jena who hadhelped carrying the dead body to theriver bed and sent for Post Mortem.The SDPO also said to start full-fledged investigation from 2nd Feb.He also said that there was no doubtof a pre-planned murder. On queryabout whether any powerful peopleare involved in this murder, he saidthat it could not be ruled out.

On the way back toBhubaneswar, the team came acrossthe dead body in a decorated vehiclewith flower along the roadside of Nialimarket and gathering of hundreds ofpeople. The Team halted and met SriRabi Mallik, ex-MLA of this area anddiscussed about the murder. He saidhis use of RTI has exposedmisappropriation of BGREI fund bythe powerful people who haveconspired to murder him inconnivance of the police of NialiPolice station. Sri Satyabrata Lenka,the IIC is also involved in this murder.

Findings of the Team1. The Team is of the view that

RTI stands as a factor behind thispre-planned cold-blooded murder ofSri Krupasindhu sahu. His use ofRTI has brought to lime light thehuge corruption and irregularities inBGREI fund sanctioned for

CDRO Bulletin 9

development of agriculture in thisBlock by the influential and powerfulpolitical people. This expose enragedthese people and created enmity withKrupasindhu. Apprehendingenquiry into this scam and recoveryof fund from them, they gotpsychologically disturbed to savetheir image. They also threatened himseveral times to attack and murderedhim as reported by Gitanjali Sahu. Itis presumed that these peoplewhose name has been figured in FIRmight have engaged Kartik Pani bypaying Supari to murderKrupasindhu. The police has neitherinterrogated these people nor madeany arrest till date. The Team is ofthe view that as these people aremembers of Biju Janata Dal, theRuling political party of the state,the police had not dared to take anyaction against them.

2. Though FIR was filed on28.1.15, the Inspector-In-Charge didnot take the case seriously. It maybe that the police have acted at thebehest of the politically powerfulpeople of this area. It is alsopresumed that this is deep-rootedconspiracy hatched between thepeople involved in misappropriationof BGREI fund and the police whichled to the murder of Krupasindhu bya dreaded criminal. The pre-plannedstrategy in connivance with thepolice provided golden opportunityto the criminals to murder him. Ahigh-level enquiry can unearth thetruth. In the absence of properinvestigation, the criminals alsodared to murder him without any fearand absconded. Many informationcan be obtained, if the all records ofmobile no. (M-9437005800,9438547901, 9178620095) ofInspector-In-charge are beinginvestigated.

3. After spot verification, theTeam has reached at the conclusion

that as it was planned murder, it hadtaken place on 26th Jan, the first dayof his missing.

4. In fact, his family has beenruined, as he was the only earningmember of the family. The familyrequires financial support for theirsurvival and the higher education ofhis sons.

5. The whole episode revolvesaround the exposure of themisappropriation of BGREI fundthrough RTI by Krupasindhu. Therole of the agriculture officials andthe NGO SANSKAR behind murdercannot be ruled out. Apprehendingarrest and recovery of fund whichhas been misappropriated by thebeneficiaries in collusion withAgriculture officials, they might havejoined hands in the murder. Theremust be a high-level enquiry into themisappropriation of BGREI fund inthis Block.

Concerns to be addressed1. The Police should arrest

immediately the prime accusedKartik Pani and other conspiratorsbehind the murder of KrupasindhuSahu, as per FIR of Gitanjali Sahu,and take exemplary action againstthem, so that they will bediscouraged from taking anyvindictive action against the familymembers of the deceased in future.

2. The state Govt. should ordera high-level independent inquiry intothe circumstances leading to themurder of the RTI Activist SriKrupasindhu Sahuu and the role ofSri Satyabrata Lenka, IIC and theparty members of Biju Janata Dal asper the FIR of Gitanjali Sahu andproduce the report within 15 days.

3. The State Govt. shouldentrust State Vigilance to enquireinto huge corruption andirregularities in BGREI fund in NialiBlock. The legal action should be

taken against officials of AgriculturalDept., the NGO SANSKAR and theinfluential beneficiaries who havemisappropriated fund by filling falsebill.

4. This is the second case ofmurder of RTI Activist in Odisha.From these cases, it has been foundthat due to police inaction orconnivance of local police withcriminal has led to the murder of RTIActivists. The local police hasneither investigated into theallegation nor provided security toRTI Activists. Thats why the life ofRTI Activists is found veryvulnerable. So the State Govt. shouldopen a Desk in the office of DirectorGeneral of Police as well as all policestations of the State especially forRTI and Human Rights Activists toreceive the complaints of attacks andthreats against them and to takeprompt action against the accused.

5. The State Govt. shouldprovide adequate financial supportfor survival of the family membersand education of children ofKrupasindhu Sahu, who attainedmartyrdom in course of his crusadeagainst corruption through the useof RTI.

Fact-finding Team Members:Pradip Pradhan, State convener,

Odisha Soochana AdhikarAbhijan

Manoj Jena, Chairperson, HumanRights Front (HRF)

Bijayalaxmi Routray, Member,Society for Fast Justice

Srikant Pakal, DHRM, HRF, Cuttack

1st February, 2015.

10 CDRO Bulletin

Why was Greenpeace Activist Preventedfrom Travelling to London?

PUDR condemns the Union Government for preventing Ms. Priya Pillai ofGreenpeace (India) from travelling to London. Greenpeace came underscrutiny because of its support to Mahan Sangharsh Samiti, a grassrootsorganisation challenging coal mining license for Mahan Coal Ltd, a jointventure of Essar and Hindalco (Aditya Birla group). What is ominous is thatthe Home Ministry has purportedly stated that there is no rule which allowsrestraining a citizen from travelling abroad (because) he/she would expressviews in conflict with governments policies. (TOI, 13/01/2015)]. So if thisis the case who ordered the lookout circular, and at whose behest? Theseare questions which remain unanswered. If, as the news reports suggest,that the lookout circular was issued by the Intelligence Bureau (IB) whichhas no executive authority to issue them, or by the Foreigners division ofMinistry of Home Affairs (MHA) without the knowledge of the HomeSecretary then, this action against Ms. Pillai who had a valid visa showshow arbitrariness has come to define the working of agencies and divisionsof MHA, tasked with internal security.

Starting with the IBs report in June 2014, on foreign funded NGOs, areport which was begun under UPA II, reached new heights of fiction whenthe IB damned foreign funded organisations like Greenpeace as well as non-funded organisations such as PUCL and accused them of crimes againstthe State, namely activities inimical to Indias economic interests. The IBreport has since then come in handy for corporate houses fighting legalbattles against peoples struggles and social activists resisting these projectson sound environmental and livelihood concerns. And to damn them on thebasis of IBs report which has no evidentiary value is, in fact, meant totarget all kinds of support for peoples resistance. The IBs argument thateconomic growth was being stalled due to malafide activities of NGOs may

be music to ears of corporate houses,who, ironically, are the biggestculprits as they violate laws throughtheir forced and forged gram sabharesolutions for their projects.

PUDR condemns the actionagainst Ms. Pillai as it is part of thegrowing attacks on activists andmovements which are at the forefrontin resisting regressive laws andprovisions pertaining to peoplesaccess to and control over resourcesas well to those concerning workersrights. PUDR appeals to the publicto be alert to such illegal andunconstitutional activities ofagencies/divisions of MHA whichseeks to silence dissent in favour ofcorporate led economic growth,which, ironically seeks toattract foreign capital investments,something which is both contestedand resisted by Adivasis andpeasantry across the country.

Sharmila PurkayasthaMegha BahlSecretaries, PUDR14 Jan uary 2015.

Report of the OPDR on the Discriminationagainst Dalits at Gadikota Thumadigapalli in

APOPDR- AP & TS came to know about some troubles and difficulties of theDalits at Gadikota Thumadigapalli. Gadikota Thumadigapalli is a small villagein Veeraballi mandal, Kadapa District (A.P). This village had a Judge JusticeC.V. Nagarjuna Reddy who has been working in the High Court of AndhraPradesh & Telangana. Justice C.V. Nagarjuna Reddy has a brother by thename Pavan Kumar Reddy who is the public prosecutor & AGP at theRayachoty for more than a decade. Justice Nagarjuna Reddy and 50 familiesof Dalits (Schedule Caste) were living in Yedapalli (attached Thumadigapalli)which is a tiny habitat for Dalits that is attached to the main village.

A State level finding team consisting OPDR and other organizationsvisited the village for investigation. It was found that, about 5 years ago, asmall irrigation project of 0.75 TMC Capacity known as Nuthikona Projectwas built in the lands of Dalit farmers and others. Land were taken for thispurpose. However, no compensation has been paid till date to the land

owners. About two meters of earthhave been excavated from 30 acresof agriculture lands belonging to theDalits near the dam. It was arbitrarilydone for the construction of a bundwithout the consent of the Dalits.

As per the project plan theproject contractor should beextracting soil from KomitivaniCheruvu which is 14 k.m far awayfrom the Nuthikona Project, for theconstruction of the project Bund.However, in order to avoid thetransportation cost, and takingadvantage of the innocence ofDalits the highhanded man PavanKumar Reddy had indulged inarbitrary extraction of soil (about 2meters depth) from the 30 acres oflands that belongs to the Dalits. Due

CDRO Bulletin 11

to extraction of soil the aforesaid 30acres of agriculture land thatbelonged to Dalit farmers havebecome unfit for cultivation. OneSivaiah who owned 80 Mango plantsnear the Nuthikona Project had neveragreed to allow extraction of soilfrom his land. But the said PavanKumar Reddy used forces againstthe will of Sivaiah. Sivaiah lodged acomplaint against Pavan KumarReddy to the District collector of theKadapa District. However, there wasno positive response. As result ofthe extraction of soil the 80 mangotrees of Sivaiah had withered away.It appears from the comments of thepeople that the sub-contractor of thedam was a close associate of PavanKumar Reddy. Kumar Reddy hadreceived Rs 30,00,000/-( thirty lacks)from the sub-contractor to ensureextraction of land from the Dalitlands.

As mentioned Pavan KumarReddy is younger brother of JusticeC.V. Nagarjuna Reddy. A cart trackleading to the lands of Dalits, whichnow have been covered under theNuthikona Project have beenoccupied by Pavan Kumar Reddy. Aniron gate has been erected causingmuch obstructions to the movementof the Dalit farmers. Dalit farmers

could not enter their lands withoutthe permission of Pavan KumarReddy. It was further informed thatone Gadi Nagamma a widow Dalitfarmer had an acre of land adjacentto Pavan Kumar Reddys land. PavanKumar Reddy had constructed astone wall across the cart trackleading to Gadi Nagammas land.Gadi Nagamma has been denied theright to pass through the wayleading to her land.

We have also came to know thatmaterials allotted under microirrigation project to Dalit was notgiven to the Dalit farmers. The dripirrigation materials are in the handsof Pavan kumar Reddy, who uses thematerials absolutely for his 80 acres

of mango orchard, and 20 acres ofbanana arcade. The MGNREGprogramme works were taken up inthe fields of Pavan Kumar Reddy forabout 6 months by 40 labourers/workers. The labourers were paid amere symbolic wage of Rs 20/- onlyper day.

It was also discovered that aSchedule Tribe couple had workedas farm-servants in the mangoorchard of one Dharma Reddy, whowas a relative of Pavan KumarReddy. The mango orchard wasfenced with electrification. A persondied due to electric shock at theelectrified fencing. The dead bodywas buried secretly in order to coverup the incident. However, the newsof the dead was leaked out in thevillage. The dead body was dug out.However, Pavan Kumar Reddyintervened into the matter and a casewas registered against the saidservants instead of Dharma Reddywho had electrified the fencing. Thevictims made complaints againstDharma Reddy. However the localofficials did not initiate any actionagainst him.

The fact finding team visitedthe aforesaid village on 7th December,2014 and made an enquiry about thematter. The team had visited theplaces and organized a press meet at

(Iron Gate Erected by Pavan Reddy)

(Trees Withered Due to Extraction of Land)

12 CDRO Bulletin

Rayachoty, Kadapa District. OPDRalong with other organizationspublished ten thousand pamphletswith 16 photos about the

(OPDR Leaders Submitting Report to the SC & ST Commission)

discrimination of Dalits. Those werecirculated to all the bar associationsand the public in AP & TS. A reportwas also submitted to the SC & ST

and HRC Commissions of A.P.The OPDR State president M.Srinivasulu, T. S Secretary Mr.Narasimha Reddy, StateCommittee members Mr.Ramakrishna, T. Eswar and MRPSLeader Ramanjineyulu, SC & STRights committee Rayalaseema,and Leader Tataiah met with theSC & ST Commission of AP,Hyderabad on 5th January 2015and submitted the report. The SC& ST Commission of AP issuednotices to the Chief Secretary ofAP, Social Welfare Commission,District Collector and SP, KadapaDistrict for explanation.

R. RamkumarSecretary, A.POrganization for the Protection of

Democratic Rights, AP & TS1st February, 2015.

In Manipur but NOT in Jammu and KashmirContrasting treatment of unmarked graves

issueOn 25 December 2014, eight skulls and a number of skeletons were found ata High School premise in Manipur that had earlier housed the BorderSecurity Forces, Central Reserve Police Forces and the Manipuri police.Within four days the Government of Manipur directed for an investigationby the Central Bureau of Investigations [CBI]. Civil Society groups inManipur have raised a series of demands, including that a SpecialCommission of Inquiry must replace the CBI, as it is an agency with littlecredibility.

The recent discovery of unmarked/mass graves in Manipur, and theconsequent government reaction, is another illustration of the violence ofthe Indian State, and the manner in which human rights violations of Jammuand Kashmir have been treated by the government. While the people ofManipur will undoubtedly continue their struggle against the Indian State,and the recent appointment of CBI is not an acceptance of their fundamentaldemands, the contrast in which the issue of unmarked/mass graves havebeen dealt with in Jammu and Kashmir is telling.

In Jammu and Kashmir:1. APDP highlighted the issue of unmarked/mass graves in two

successive reports in 2008 and 2009

2. In July 2008, theEuropean Parliament in aresolution urged Government ofIndia to hold an investigationinto unmarked/mass graves inJammu and Kashmir and theEuropean Commission wascalled upon to offer financial andtechnical assistance toGovernment of India

3. In September 2011, APDPsubmitted a complaint before theJammu and Kashmir StateHuman Rights Commission[SHRC] on 3844 unmarkedgraves in Poonch and RajouriDistricts

4. In October 2011, SHRCconfirmed that there were 2156unmarked graves in threedistricts of North Kashmir andmade recommendations to thegovernment that comprehensiveforensic examinations including

CDRO Bulletin 13

Deoxyribose Nucleic Acid [DNA]tests be done, compensatory justicebe given, prosecutions carried outand an independent dulyrepresentative structured body beconstituted to enquire into the issueof graves and disappeared persons

But, the government response was:1. Chief Minister Omar Abdullah,

in September 2011, said that familieswould need to indicate in whichgraveyard their relatives may beburied, and following this thegovernment would do the needful

2. On 13 August 2012, theGovernment of Jammu and Kashmir,Home Department, responded to theSHRC October decision bydismissing most of therecommendations, repeating thestatement of the Chief Minister andplacing the burden on the families ofdisappeared, alleging thatinvestigation of graves would causelaw and order problems, and statingthat the government did not have theresources to carry out therecommendations on DNA tests. Inaddition, activists raising the issuewere said to be acting on the behestof forces inimical to the State/Country.

3. The APDP complaint onunmarked graves in Poonch andRajouri remains pending at the SHRCwith no action

APDP has to date documented7000+ graves and an estimated8000+ enforced disappearances inJammu and Kashmir. Thegovernment will not investigategraves or disappearances itself, andit will not allow internationalorganizations to assist. The ICRCthat is based in Jammu and Kashmirand has the capacity to assist is

under a strict agreement with thegovernment that it will restrict itselfto only areas agreed upon by thegovernment. Unmarked/mass graves an international humanitarian issue is clearly not of concern to thegovernment. In contrast, as reportedin the Indian media in 2013, the IndianState is willing to carry out DNAprofiling of all its soldiers.

APDP, families of disappearedand the people of Jammu andKashmir are once again remindedthat the Indian State will not allowinvestigations or justice. Thereforeon one hand India seeks to be apermanent member of the UnitedNations Security Council, but on theother hand, refuses to evenacknowledge human rightsviolations and basic principles ofinternational law and justice. It isonly an internationally monitored,independent and impartial

commission/body that can unearththe truth behind the issue ofunmarked/mass graves in Jammuand Kashmir. The urgency for thisdemand to be met increases everyday as the buried evidence ofgraves continues to be destroyed bythe State, and numerous sites ofviolence from interrogation centersto military camps to governmentbuildings contain unmarkedgraves that continue to beuninvestigated and remain in thepossession and control of the Stateand its forces.

TahiraSpokespersonAssociation of Parents of

Disappeared Persons (Jammuand Kashmir)

4 February 2015.

Oppose Death Penalty on Arif

PUDR notes with extreme concern the imminent hanging of Mohd. Arif @Mohd. Ashfaq, a Pakistani national for the 22nd December 2000 attack onthe Red Fort in which three army personnel of 7th battalion of the RajputanaRifles lost their lives. Mohd. Arif was arrested on 25th December 2000 alongwith his wife Rehmana. In October 2005 he was sentenced to death by thetrial court for waging war against the state and conspiracy to commit murder.This sentence was upheld by the Delhi High Court in September 2007. Eventhough the Supreme Court (SC) upheld the death penalty in 2011, later inApril 2014 the SC stayed his death penalty on grounds of 13 years spentbehind bars.

In the same year a petition filed by death row convicts, including Mohd.Arif, on hearing review petition of death row convicts in open courts, wasgranted by the SC. But Arif s petition was dismissed on the ground that hiscurative petition had already been rejected. In December 2014, a reviewpetition challenging the above judgment with respect to Arif was filed (DiaryNo. 40122 of 2014).

There is a strong indication that the evidence and witnesses presentedby the Delhi Police have been concocted against Mohd. Arif and all theother six accused. Four accused were acquitted by the trial court. All theother convicted had to serve their sentence losing their freedoms for yearsfor a crime in which their involvement was not established beyondreasonable doubt. PUDR conducted a fact finding and published a report(An Unfair Verdict: A Critique of the Red Fort Attack Judgment [See- http:/

14 CDRO Bulletin

APDR letter to Mamata Banerjeeto Unconditionally release all political prisonersin West Bengal and steps against abuse of crimi-nal laws against Chhtradhar Mahato by the state

Police.

Kolkata: February 13, 2015, Saturday.To,Srimati Mamata BanerjeeHonble Chief Minister of West BengalNabanna, Howrah- 711 102

Subject: APDR demands: Unconditionally release all politicalprisoners in West Bengal and steps against abuse of criminallaws against Chhtradhar Mahato by the state Police.

Honble Madam,APDR appealed (on January 30, 2015) to you (Mamata Banerjee, Chief

Minister of West Bengal) to consider once again the question ofunconditional release of political prisoners languishing in WBCHs as agesture of political good-will and to encourage the spirit of democracy andhuman rights on the part of your government. Probably your unwrittenreply to that appeal came from the fact of wrapping Chhtradhar Mahato inone more old case in Jhargram Adalat on 12th February (last Wednesday)to defer his release on bail. This is done in a situation when Chhtradhar(arrested on 26th September, 2009) got bails in 37 cases out of 38; only one inUAPA case was awaiting. This abuse of discretionary powers of the police

/pudr.org/?q=content /unfa i r-verdict-critique-red-fort-judgment])in 2006 exposing the flaws andcontradictions in the prosecutionscase and highlighting the grave actof injustice done to Mohd. Arif. Thetrial court itself agreed that the casewas built on circumstantial evidenceand there was no direct evidenceagainst any of the accused. Yetdespite the chain of evidence, beingfragmentary and doubtful, the trialcourt did not hesitate to award thedeath penalty.

PUDRs fact finding revealedcontradictions in evidence presentedby the prosecution. For example, apiece of a slip of paper establishingArif s presence at the Red Fortduring the attack comes underscrutiny due to the contradictorystatement given by the prosecutionwitnesses about its recovery.Another piece of evidence, a letterin Urdu, allegedly written by Arif inMarch 2000 to Babar Mohsin,acknowledging Mohsins assistancewas recovered from a canvas bagattached to Mohsins motorcycle. Itseems highly unlikely that such asecret letter would be kept in sucha casual manner, by a dreaded andtrained LeT terrorist.

Also Arif s statement aboutbeing forced to write a number ofletters in custody was completelyignored by the judge. The validityof the translation of this letter comesunder doubt as it was done by apasser-by whose identity remainsmysterious. The miraculousrecovery of the weapons used in theattack, three days after the area wasthoroughly searched by police andsniffer dogs is indicative of the witchhunt against Mohd. Arif. Moreimportantly Arif s statement u/s 313CrPC brings the highly secretiveRAW (Research and Analysis Wing)into the picture. Arif s statementclaiming to be an agent of RAW is

lent credibility by his connectionwith Nain Singh, a Senior FieldAssistant in the Cabinet Secretariat.Nain Singh had givenaccommodation to Arif while he wasin Delhi. This link between an allegedLeT terrorist and a RAW agentposes many questions which wereside-lined during the investigationand trial.

There are innumerableloopholes evident in theprosecutions case against Mohd.Arif. But instead of addressing thesecontradictions, by acceptingprosecutions flawed narrative andflimsy evidence reveals aneagerness to sacrifice justice at thealtar of chauvinistic nationalism. Infact the blatant dismissal ofallegations of torture against Arif, bythe court, points to a prejudice

towards an individual belonging toan enemy state.

What is evident in Arif s case isa case of subversion of justice.Keeping this in mind PUDR demandsthat Arif s death penalty beimmediately commuted. We alsodemand that a proper investigationbe conducted against the officialsinvolved in making up false casesagainst Arif and other co-accused.Arif s case strengthens PUDRsperception of death penalty as anextremely flawed, irreversiblepunishment, targeting vulnerableindividuals. Thus we also demandthe abolition of death penalty.

Sharmila PurkayasthaMegha BahlSecretaries, PUDR25 January 2015.

CDRO Bulletin 15

in the existing criminal lawsunambiguously reflects yourgovernments old intentions tosuppress political opposition not byway of justified democratic meansbut by way of misuse of politicalpower out of vengeance. Such lowlypolice vindictiveness should stop.

The justification of UAPAcases in WB against alleged Maoistsmay be gauged from the fact ofcomplete acquittal of 7 allegedMaoist accused in UAPA fromKanthi Adalat on 31st January thisyear due to the proved falsity ofpolice accusations. Fate of UAPACases against others includingChhatradhar is expected to be thesame. So, newly booking Chhtradharin an old case is sought after fiveyears? This is the question we wouldlike to put before you.

Youre expected to change(paribartan) this age-old vindictivetraditions of our countrys police

system and practice. But, you did thevery opposite like all other stategovernments, particularly BJP-ledgovernment of Chhattisgarh of MrRaman Singh. This also exemplifiesyour secret fear of backlash from theModi government at the Centre. TheBJP as a party and as a governmentfollows the policy of suppressing itsopponents everywhere at everylevel by all means, fair or foul nomatter. Are you going to follow it? Ifnot, please think and do otherwisein the interest of democracy, justiceand human rights. Let all politicalprisoners be unconditionally freedunder your initiative. APDR willwelcome it. Thanks.

Sd/-Dhiraj SenguptaGeneral Secretary.Association for Protection ofDemocratic Rights

Demand Action against Special Cell Personnelin Liaquat Shah Case

The recent chargesheet filed by the National Investigation Agency (NIA)absolving former Hizbul Mujahideen militant, Syed Liaquat Shah, of allcharges, has yet again exposed the Special Cell of the Delhi Police forplanting false evidence and for framing Shah. Shah had been arrested bythe Delhi Police on March 20, 2013 on grounds that he intended to launcha fidayeen or suicide attack in Delhi. A recovery of a cache of arms,ammunition and explosives from a guest house near Jama Masjid (whereallegedly Shah was planning to visit) was presented as evidence. He hadbeen charged under the Unlawful Activities Prevention Act, 1967 (UAPA)and sections of the IPC including waging war against the State. The Centreordered for an impartial probe by the NIA in the matter as there wereconflicting positions emerging from the Delhi Police and the J&K Police. Itwas stated by J&K Police that Liaquat Shah was returning to Kashmir inorder to surrender under J&Ks rehabilitation policy. The NIA has nowfound that these arms were in fact placed there by Sabir Khan Pathan, aninformer of the Special Cell working under the express orders of the SpecialCell officials.

While the chargesheet names several officers and personnel of theSpecial Cell such as DCP Sanjeev Yadav, Inspectors Sanjay Dutt and RahulKumar, and Head Constables Manish, Mohd. Iqbal Dar and Gulvir Singh as

being involved, the NIA in its reportto the Ministry of Home Af fairs(MHA) in January 2015 demandeddepartmental inquiry against all butthe name of the DCP has beendropped. Moreover, though namesof police officers involved have beenmentioned in the chargesheet forbeing in touch with the informerSabir Khan Pathan on 20-21 March2013, only the informer has beennamed as the main accused. The NIAhas also failed to indict the seniorofficials including the policecommissioner who had all insistedthat they had evidence againstShah. It is vital that commandresponsibility be established in suchcases rather than letting the higherofficials escape punishment.Additionally, the NIA has also notexplained where from did the cacheof arms and explosives recoveredfrom the guest house actuallyemerge. In response, the MHA hadsaid that it would take tough actionagainst the officials if required.Reacting to this, the Delhi Police hasnow called upon the IntelligenceBureau (IB) and the MHA arguingthat any action would have ademoralising impact on the officersinvolved in counter-terroroperations. A senior police officialhas also reportedly said that it is abonafide case of mistaken identityand not of any wrong or malafideintent and whatever they did wasdone in the best interest of nationalsecurity.

It should be noted that this isnot the first time that the Special Cellis being indicted by anotherinvestigative agency. In 2008, in thecase of State v. Maurif Qamar andMd. Irshad Ali, the Central Bureauof Investigation (CBI) had submitteda closure report in the court of theAdditional Session Judge in which

16 CDRO Bulletin

it was clearly mentioned that the twoaccused (who were special cellinformers earlier) were innocent andfalsely implicated as dreadedterrorists in the case by the SpecialCell which had fabricated and plantedevidence. The CBI had alsorecommended that legal action betaken against the officials involved.Again, it need not be reminded thatit was the Special Cell which wasinvolved in the Batla Houseencounter case which has beenwidely criticized as a staged one.

PUDRs findings in the past alsoshow that the Special Cell has beena habitual offender when it comesto faking encounters or in acts ofplanting evidence or falselyimplicating people and routinelysubverting justice in a number ofimportant investigations it hasundertaken. However, in the absenceof any independent investigation,these crimes by Special Cellpersonnel have not been notbrought to light, unlike as in theLiaquat Shahs case has been.

A few instances would showthis long lineage of crimes by theSpecial Cell. The case against Mohd.Arif, accused in the Red Fort attackcase in the year 2000, for instance,rests mainly on the supposedrecovery by Special Cell officialM.C. Sharma and his team, of a slipof paper bearing a mobile numberwhich belonged to the accused.Despite contradictory statements incourt by different Special Cellofficers about the timing of their socalled recovery, this evidence wasused to charge Arif with the crimeand award him the death sentence.He is presently awaiting executionin this case.

Even in the 2001 ParliamentAttack case, the case hinged on theSpecial Cells investigation on these

kinds of alleged recovery of slipsof paper with phone numbers, mobilephones and sim cards from the dead(terrorists). These were then used toimplicate a number of people whowere arrested, tried and, in one case,later executed. Doubts about theauthenticity of sim cards andallegations that they had beencloned and call records altered wereraised at the time. The fact that theinvestigation methods of the SpecialCell were a combination of extractingconfessions and recovery ofevidence was criticized andsuspicion that this evidence wasplanted and doctored were raised atthe time.

Another case in point was thepicking up and killing of Rafiq, aresident of Sikandrabad, UttarPradesh in August 2003 as a dreadedterrorist in the so called MilleniumPark encounter. In this case also,which was investigated in detail in2004 by PUCL and PUDR (See: http://www.pudr.org/?q=content/close-encounter-report-police-shoot-outs-delhi), there were no independenteye witnesses and recovery ofdetonators and money was shownon the basis of which Rafiqsbrothers were also charged underserious offences. In October 2003,the Special Cell came under cloud forits role in the Ansal Plaza encounterwhen an eyewitness came forwardto expose the cold blooded killing.

The Special Cell of the DelhiPolice has enjoyed impunity despiteits consistent violation of rights andsubversion of justice because of theprotection given to it by draconiananti-terror laws like the erstwhilePOTA and, especially, the presentUAPA. While S. 58 had been addedto POTA, allowing punishment formalicious action by the police underthis law after large scale institution

of false cases by the police underanti-terror laws, the UAPA hasexcluded this clause cementing theimpunity of police and protecting theSpecial status of the police evenwhen they commit heinous crimes.

Finally, as is indicated in theabove mentioned cases, violationshave been fearlessly committed byState personnel in the name ofnational security and fightingterrorism. These labels help absolveofficials from any kind ofaccountability even while the crimescommitted are serious in nature,involving fabrication of evidenceand false implication of personssometimes also leading the accusedonto the death row.

PUDR demands that the guiltypersonnel of the Special Cell,including commanding officials, beimmediately charged, prosecutedand punished in the Liaquat Shahsfalse arrest case, and not be shieldedby laws like the UAPA despitecommitting grave crimes. PUDR alsodemands that action be taken againsthigher officials of the Delhi Policewho defended the Special Cell andsupported the evidence againstShah.

Megha BahlSharmila PurkayasthaSecretaries, PUDR

13 February 2015.

CDRO Bulletin 17

CPDR Condemns Cowardly Attack on ComGovind Pansare and Mrs. Uma Pansare

We are deeply shocked by the news this morning that some unknownassailants fired upon a senior communist leader Govind Pansare and hiswife, Mrs. Uma Pansare near their residence in Kolhapur. They were ontheir usual morning walk when reportedly bike-borne assailants fired fivegunshots at the couple. Three bullets hit Com. Pansare and one his wife.People found them in a pool of blood, when they were rushed to a privatehospital. The assailants had fled the scene after the incident.

This is an exact repeat of the murder of Narendra Dabholkar in Pune on20 August 2013. Despite nationwide public outcry over his heinous murder,the Maharashtra Police could not apprehend the culprits.

Com Govind Pansare is a face of progressive opinion in Maharashtrafor the last several decades. He had been in forefront in several peoplesstruggle, the latest being the agitation against the toll. He was outspokencritique of the increasing communalism in politics and anti-people policiesof the government and has written popular books to educate masses. Hisbook on Shivaji, countering a communal portrayal of Shivaji had run inseveral editions.

There is growing lawlessness in Maharashtra by the casteist andcommunalist elements. The present Hindutva dispensation in power inMaharashtra clearly appears to have emboldened them to go berserk killing

Release of Fact-Finding Report, War and theLightness of Being Adivasi: Security Camps

and Villages in Bijapur, Chhattisgarh

Between December 26th and 31st 2014, a PUDR fact-finding team visited 9villages of Bijapur district, Chhattisgarh to ascertain reports of arrests,intimidation and harassment, including sexual abuse by security forces whoare stationed there to fight the Maoists. Predominantly Adivasi villages, theresidents of Basaguda, Kottaguda, Pusbaka, Lingagiri, Rajpeta, Timmapur,Kottagudem, Korsaguda and Sarkeguda, narrated the daily acts of violenceand violations committed by armed personnel residing in security camps.Apart from documenting the continuance of area domination by the securityforces, the report draws particular attention to:

1. The large number of permanent warrants issued against thepopulace, of which a significant number is declared as absconders. Arough estimate indicates that as many as 15-35,000 people live under thethreat and fear of these warrants in Bijapur alone.

2. The lawless conduct of the armed personnel and Special PoliceOfficers (SPOs) who routinely raid, beat, loot, detain and compel the Adivasivillagers to perform begar (free labour) at the security camps. Instances ofsexual torture were also noted.

3. The impossibility of lodging FIRs against the security forces asagainst the rising number of arrests of villagers who languish in jails.

4. The intensification of armed presence on account of increased roadbuilding activity by the army for securing supply lines to the camps. Roads

people who are critical of them. Theywant to terrorize progressiveMaharashtra by such cowardly acts.Sadly they do not understand thatthey are strengthening the resolveof millionsof Maharashtrians to defeat them.

We pray Com Pansare and hiswife get well soon to their activepublic life.

We demand the Maharashtragovernment to apprehend themurderers soon and dispel theapprehension in peoples mind thatit is sheltering them.

Dr Anand TeltumbdeGeneral SecretaryCommittee for the Protection of

Democratic Rights, Maharashtra

16th February 2015.

are opened only after road openingexercises by the forces followed byroutine interception of passengersat frequent check-posts and roadbarriers.

5. The further harassment facedby villagers during travel on accountof armed personnel in civilian busesplying between Bijapur andBasaguda. In flagrant disregard ofinternational covenants, the securityforces deliberately regardpassengers as human shieldsagainst possible encounters.

6. The impact of camps on theliving conditions of the Adivasivillagers which have been severelyaffected. The decrease in agriculturalactivity is a definite consequence ofharassment as is the fall in familyincome and wages. Besides poorhealth facilities, the existing schoolsystem which utilized local villagehelpers is being intentionallyreplaced by ashram schools whichaim to wrench the Adivasi childrenfrom their homes and villageenvironment. (Continued in page 20)

18 CDRO Bulletin

On the Deplorable Situation Regarding SwineFlu in West Bengal

The deplorable situation regarding Swine Flu spread (in WB) brings to theforefront your failure to deal with the threat. You know what an inhuman incident(leading to death of a swine-flu suspect old patient) occurred at BellviewMultispeciality Hospital (!). Yet, you didnt proceed to investigate the incidentand book the said Hospital for its illegal, unethical and inhuman practices. Fourhospitals have been reported to be show-caused by you; surprisingly Bellviewwas exempted. Why? What message do you like to give the worried citizens ofWB?

The manner in which swine-flu suspects are denied proper examination,care and treatment shows as if no legal codifications in the field of clinicalestablishment and medical practice and health administration practically do atall exist to be cared and feared in WB. WB has witnessed the same failure incase of Dengue, Encephalitis and Malaria and child-deaths breakouts on thepart of your department. Isnt it a matter of shame that ignorance of swine-flutreatment protocols is still there among doctors and health care units? KolkataCorporation is still inactive and callous and it seemed you failed to activate it toresist the current spread of swine-flu and to arrange for providing supportivemedical care and services.

APDR strongly protest the view that as the situation of swine-flu spread inWB is not so much so as in Rajastha, Gujarat or MP, there is anything to beworried here in WB. We think this view is calculatedly being propagated tocover up the fact of poor medical facilitates along with inadequate number ofhealth workers capable of handling IDs and short-supply of necessary drugsto combat Swine-flu threat in WB. We may ask how much you are prepared tofight the impending threat of Ebola virus disease (EVD). Wasnt Swine-fluexpected in WB from 2009? Yet, health department remained oblivious in spiteof fully knowing that West Bengal has poor system of prevention, care andtreatment of IDs.

In the circumstances now worrying our state, APDR demands:

* Investigate the gross humanrights violation incident at BellviewHospital mentioned above.

* Strong and exemplary actionagainst that Hospital with all thosewho dared to refuse admit Swine flupatients.

* Legal and administrative actionagainst the doctor/staff responsiblefor the incident as permissible withinyour jurisdiction.

* Financially compensate thefamily of the deceased.

* Strong and rapid action tocheck Swine flu outbreak and toprovide adequate care and treatmentpatients attacked by it.

* Open public helpline.

Dhiraj SenguptaGeneral SecretaryAssociation for Protection of

Democratic Rights

Note: The text is the document ofthe APDR Deputation to ThePrincipal Secretary (Health) SriMalay Kumar De, IAS, SasthyaBhavan, GN-29, Sector-V, SaltLake, Kolkata - 700 091, dated 26February, 2015.

Condemn the Murder of CPI LeaderGovind Pansare

PUDR expresses its condemnation and grief at the death of respected socialactivist and CPI leader, 82 year old Govind Pansare on 20 February 2015 asa result of the murderous attack on him and his wife Uma Pansare by guncarrying assailants in Kolhapur four days earlier. Govind Pansare had beenactively and intensely involved in a wide range of social and politicalstruggles throughout his life. He was an AITUC leader and set up the ShramikPratishthan, through which he organised cultural programmes to challengeboth the religio-cultural right and powerful vested economic interests. Healso organized Com. Annabhau Sathe Sahitya Sammelans to invoke literary,cultural traditions of resistance against caste, class, patriarchy and religion,and wrote popular books including the one on Shivaji, debunking mythsbuilt by the cultural nationalists around the Maratha ruler. He had recentlybeen leading a strong and successful campaign against the setting up of

several toll booths across Kolhapurimposing toll taxes on citizens forusing roads.

As an active member ofAndhashraddha Nirmulan Samitiled by the late Dr. NarendraDabholkar, he had also beencampaigning against superstitiouspractices and exploitation of peopleunder the guise of religion byfundamentalist, obscurantist forces.The shocking similarity between themurder of Dr. Dabholkar in Pune inAugust 2013 by gunmen while hewas on his morning walk and that ofGovind Pansare has been remarkedupon in the press it needs to beremembered that eighteen months

CDRO Bulletin 19

after Dabholkars murder none of theculprits have been caught. Identicalmethods were used to murder RTIactivist Satish Shetty in Talegaon,Maharashtra in January 2010 wherehe had been campaigning againstland-grab by IRB InfrastructureDevelopers. Incidentally this is thecompany that runs the toll boothsthat Pansare was protesting against.Over five years after Satish Shettysmurder, those responsible have notbeen identified, and a closure reportwas filed in the case in August 2014.However, on the morning Com.Pansare was attacked, the CBIclaimed it would reopen SatishShettys murder case in the light of

new evidence it claimed it haddiscovered.

In all cases, delay in justice notonly amounts to its denial but alsoto a stimulus to commit more suchcrimes. It is particularly urgent topunish the criminal forces as thesemurders are violently trying tosilence the voices of those fightingfor rights, for reason, againstcommunal forces and socialinjustices. Delay in justice hereamounts to impunity for the forcesGovind Pansare and the othersfought against and is thus utterlyfatal for democratic rights. WhetherGovind Pansare was murdered byHindu fundamentalist, communal

groups whom he challenged or thecompanies whose profits wereaffected by his committed activism,or by a conspiracy of the two, PUDRdemands that all those guilty of hismurder should be identified, chargedand prosecuted without any furtherdelay. PUDR hails the efforts ofGovind Pansare, Dr. Dabholkar andSatish Shetty in the struggle againstvested and anti-people forces andgiving real meaning to democracy.

Sharmila PurkayasthaMegha BahlSecretaries, PUDR

23 February 2015.

Jharkhand Council for Democratic RightsFirst Annual Conference 2015

Amidst the changing forms of state repression in Jharkhand, the challengesto the human rights have also taken new forms. In this context, a democraticrights group was formed in October 2014 in Ranchi by a collective ofconcerned citizens.

JCDR was formed on 5 October 2014. According to its Constitution,JCDR has resolved towards the protection and upliftment of democraticrights. To achieve this objective, JCDR has resolved to the use of democraticand non violent means. It has also resolved to not give in to any political,economic, organisational or any other forms of discrimination. The grouphas resolved to undertake activities like spreading awareness, conductingpublic meetings, and also attempt for judicial intervention.

In view of this, Jharkhand Council for Democratic Rights (JCDR) heldits first annual conference on 1st March 2015 at Ranchi, Jharkhand. It wasbased on the theme: State Repression and Challenges to Human Rights.

It was attended by representatives of organisations like Associationfor Protection of Democratic Rights (APDR), West Bengal, and PeoplesUnion for Democratic Rights (PUDR), Delhi. APDR and PUDR like JCDR areassociated with Coordination of Democratic Rights Organisations (CDRO).The programme was also attended by local regional organisations, and localactivists from different areas of Jharkhand. Some victims and survivors ofrepression were also present.

Participants expressed their solidarity towards the initiative. They sharedinstances of repression that are being faced in their respective areas ofwork. Friends from Bokaro and Garhwa districts shared the ongoing problemsof displacement, militarisation, fake surrenders and arrests. Concerns wereraised about the Ordinance to amend the Right to Fair Compensation andTransparency in Land Acquisition, Rehabilitation and Resettlement (LAAR)Act, 2013 that has been introduced by the ruling government at the Centre

in December 2014. Concerns werealso raised about the growinginstances of communal polarisation.Need was expressed to unite againstrepression. It was also expressedthat there is a need to reach out tomore people even beyond existingcircles. Experiences of howorganisations work democraticallywere also shared. Songs and poemsof resistance were performed insolidarity.

Towards the end of theconference, a resolution was takenby all present to work towards thefollowing issues: (a) Special team tobe formed to work towards therelease of persons falsely arrestedand / or surrendered in the name ofnaxalism and / or terrorism. The teamwill also prepare a list of suchinnocent prisoners, some of whomhave spent years in jail and attemptto get them released, (b) Struggleagainst Ordinance to the LAAR Act2013, (c) Investigations and suitableintervention in the issue ofdisplacement of people in Bokaroand Garhwa, (d) Interventionthrough judiciary where required.

20 CDRO Bulletin

(CDRO Fact Finding at Tengnoupal Village in Chandel District, Manipur, 14 Feb. 2015)

JANUARY 2015 CONTENTSA Historic Slum Dwellers Rally at Bhubaneswar by United

Forum of Slum Dwellers (Basti Basinda Nka MilitMancha), Campaign Odisha .....................................

Buddhist Dalit Family Murdered in Cold-blood, PoliceInvestigation Dissatisfactory, None Arrested After 9 Days,Feroze Mithiborwala ................................................

Justice not Compensation, PUDR ........................................Indian Army, Union of India and Government of Jammu and

Kashmir on the Same Side: 1991 Kunan Poshpora MassRape and Torture Case, JKCCS, KPVC and SGJKP.

When T-shirts Become Seditious, PUDR...........................One Sparrow Does Not Herald a Spring, PUDR. ..............Please Call SP Sukma (CG), SHO Kukanar to Register FIR

of Police Brutality against Villagers,Jagdalpur Legal Aid Group. .....................................

Why Halla Gulla Over Lakhvis Bail?, N.D. Pancholi. ......Call for Support to the Contract Workers Movement Under

the Banner of ECL (Asansol- Durgapur) Thika SramikAdhikar Union, ECL (Asansol-Durgapur) ThikaSramik Adhikar Union. ............................................

Strangulating Democratic Dissent, PUDR. .........................A Plea for Surendra Koli on the Verge of Execution, AIADPC. .................................................................Surinder Kolis hanging will imply a Judicial Acceptance of

Torture Confession, JTSA. ...........................................

7. The intensity of the presentsituation is comparable to and acontinuance of the Salwa Judumactivitieseviction and massdisplacement of villagers between2005 and 2009. The present brutalityhas only underlined the earliermisery of displacement andattempted rehabilitation which thevillagers were compelled to undergo.

8. Despite recurrent incidencesof bomb explosions and targeting ofthe roads by the Maoists, thevillagers fear the security camps asit is the armed personnel who punishand brutalize them.

9. In tandem with periodicmassacres, the daily harassment ispart of the dual strategy of theStates war in the region.

10. The intention behind thepresent military initiative is tocleanse the area for redoubled miningactivity. The effort is directedtowards eroding the Adivasi will inresisting the State and in compellingthem to be receptive towards officialovertures.

Peoples Union for DemocraticRights

18th February, 2015.

(Release of Fact-Finding ...)