Update on PUCL challenge to Chattisgarh Special Public security Act
SUPREME COURT DIRECTS PUCL TO CHALLENGE THE DRACONIAN LAW IN CHHATTISGARH HIGH COURT
The Supreme Court of India has permitted the PUCL to withdraw its Petition challenging the constitutionality of The Chhattisgarh Special Public Security Act 2005, and said in the order that the petitioners were at “liberty to go to the High Court”.
Appearing for the Petitioners, Mr. Rajendar Sachar, Former Chief Justice of Delhi High Court & Former National President of the PUCL argued that the Chhattisgarh Act 2005 was linked up with the Unlawful Activities Prevention Act 1967 (Amended in 2004), and the main issue before the Apex Court was to examine whether the States could bring in similar laws when the Central Act like UAPA was already applicable to the entire country. Mr. Sachar also gave example of other State legislations like the Maharashtra Control of Organized Crimes Act, 1999 (MCOCA), whose provisions were under challenge before this Hon’ble Court. The questions relating to violation of constitutional provisions,human rights and civil liberties are required to be examined by this Hon’ble Court.
But, the CJ Bench consisting of Chief Justice K G Balakrishnan and Justice P Sathasivam refused to entertain the Petition on the grounds that it was the State Act under challenge, and that the same should be done before the Chhattisgarh High Court.
Sr. Advocate Mr. Sanjay Parikh & Adv Anitha Shenoy (Advocate on Record) were also present in the Court. Others present during the hearing were: Ms. Kavita Shrivastava (General Secretary, Rajasthan PUCL) & Dr. Sebu George (MFC), Adv Aagney Sail (HRLN).
It may be recalled that a total of 139 citizens have been detained under this draconian law, including the National Vice-President and CG PUCL General Secretary, Dr. Binayak Sen, and Ajay TG (A Film Maker and a Member of the State Executive Committee).
According to the data available with the CG PUCL, 52 citizens have been illegally detained under the Act of 2005, and 67 citizens have been declared as absconding. Out of these ‘absconding” , the police records mention about 30 “unknown CPI (Maoist)organizatio n workers” and “naxalite members” Thus, this draconian law has been used against 139 citizens, which include 07 Traders/businessmen (2 cloth merchants, 2 electrical shopkeepers, 1 general storekeeper, 1 cattle dealer, 1 video-grapher) ; 01 Tailor; 01 Journalist; 01 Former Journalist; 02 Naxalite Couriers (whatever that may mean!); 01 NGO worker (i.e. Ajay T G, who is a member of State Executive Committee of CG PUCL, and a known Media person/Film- maker); 19 farmers/agricultural workers; 12 Cultural Activists (from Chetna Natya Mandali, again described as naxalites); 01 private doctor; 07 hardcore naxalites (including members of various committees of CPI-Maoists) .
In majority of the cases, the charge as described in the police records as: “collaborated with the CPI (Maoists) organization, and provided food,water etc., to its members, and on their behalf illegally collected funds”.
The Chhattisgarh PUCL is consulting senior members and legal experts to challenge the Chhattisgarh Act of 2005 at the Chhattisgarh High Court.
TRIAL HEARINGS IN DR. BINAYAK SEN’S CASE
The next dates of trial hearings in Dr. Binayak Sen’s case are: 29th to 31 st of July (3 days), and 4th to 8 th of August (5 days) at the District Court, Raipur,Chhattisgarh . The Prosecution has provided a list of 16 witnesses to be examined during these dates.
Ajay T G, Film maker and member of CG PUCL State Executive Committee detained under the Chhattisgarh Act 2005, will be produced for remand on 31 st July,2008 at the District Court, Durg, Chhattisgarh.
Rajendra K Sail
President
Mobile: 094242-01288
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Tamilnadu Theological Seminary, Arasaradi, Madurai
Student Christian Movement of India – Unit
Is standing with poor a crime in India? Dr. Binayak Sen and his arrest: A Question
The Student Christian Movement of India – Tamilnadu Theological Seminary Unit had its inauguration by involving in Signature Campaign against the inhuman custody of Dr. Binayak Sen and others by the black laws of the states by asking a question ‘Is standing with poor a crime in India?. This year’s session was inaugurated by Rev. Dr. P. Mohan Larbeer, Principal TTS. In his inaugural address Dr. Larbeer said that, the student community is supposed to be vigil in updating and responding to the social issues immediately. Though the SCMI has taken up this issue after a year still it is relevant because it is just not questioning the inhuman custody of Dr. Sen and others but make the States to review and recall the black of such laws. Mr. A. Muthukrishnan a well known columnist was the chief gust of the day. He narrated the background of Dr. Sen’s arrest and the section of Law which involved in his arrest. It is informed that Dr. Sen was a member of the State Advisory Committee that piloted a community-based health worker programme in Chhattisgarh. He is recipient of Jonathan Mann Award for Health and Human Rights of WHO. He was arrested just because he was favoring the victims of the Government sponsored ‘ Peace Keeping’ programme namely, ‘Salwa Judum’ campaign. The fake encounters, rapes, burning of villages and displacement of Adivasis in tens of thousands and consequent loss of livelihoods by the Salwa Judum have been extensively chronicled by several independent investigations which were helped by Dr. Sen. His arrest is clearly an attempt to intimidate the PUCL and other democratic voices that have been speaking out against human rights violations in the State. Dr Sen has been detained under the Chhattisgarh Special Public Security Act, 2006 and the Unlawful Activities (Prevention) Act, 2004 on charges that are completely baseless.
Dr. Sen’s arrest makes a common person to get clarified the following:
I We Question:
1. Is Standing with Poor a Crime in India?
It is very clear that, Dr. Sen just stood with the poor Adivasis victims. Is it a Crime? If so where does State stand?
2. Is Law for People of People for Law?
Both the above stated laws are extraordinary laws have been criticized by all civil rights groups for being extremely indistinct and slanted in what is deemed unlawful, and for giving arbitrary powers to the State to silence all manner of dissent. Can any body abuse the arbitrary powers?
3. Is Dr, Sen a Terrorist?
Dr. Sen was in several Committees of the state. Were there any activities of such? Without any investigation the Sate does include a personality in its decision making and executive bodies. If he were a terrorist the Chattisgarh government would not have been kept him is such big positions.
4. Can a terrorist win the world’s support?
All the organizations, intellectuals and individuals who are questioning and criticizing this and similar arrests are surely not pro-terrorism, because they did not raise any voices against the arrest of the terrorist.
II We Call
• .The Student Christian Movement of India and the Tamilnadu Theological Seminary urge the Student Communities, Civil Right Organizations, Journalists and Interested Public to involve in this signature campaign or similar initiatives to express their solidarity in questioning the inhuman and arbitral abuse of the States.
III We Demand:
• The immediate release of Dr. Binayak Sen and others.
• The immediate abandonment of the inhuman and black laws which harasses the civil society like the Chhattisgarh Special Public Security Act, 2006 and the Unlawful Activities (Prevention) Act, 2004.
• The immediate disbanding of the practice of outsourcing the police-force by the agencies like ‘Salwa Judum’.
IV We Urge:
• The President, The Prime Minister of India, to make the Chief Minister, The Governor and the Chief Secretary of the Chattisgarh government to let their bureaucratic-ego down and to realize the need of the services like Dr. Sen’s for the society at large.
• The Parliamentarians to evaluate the out-sourcing policies and execution like ‘Salwa Judum’, because it lets the police service down and get escaped from the service force to the striking and carnage force and paves the blood-path in India.
There were about 300 students; faculty administrative and programme staff have participated in this Champaign. Ms. Thabitha, the Student Secretary SCM welcomed the gathering and campiered the programme. Ms. Ashi, Mr. Rajan Joshua and Mr. Jaiya Thilaka Prathaban also spoke on this issue and the role of SCMI. Rev. Dr. Kanagu Nelson, Chaplain TTS graced the function with prayer.
On behalf of the SCM – TTS Unit
R. Christopher Rajkumar
Faculty Advisor
Ms.ThabithaJoseph Student Secretary