Open Letter to Raman Singh, Chief Minister, Chhattisgarh

Posted at June 11, 2009
9 June 2009
Campaign for Peace and Justice in Chhattisgarh

Dear Mr. Singh,

As an elected representative sworn to uphold the Constitution, we would like to ask you why you support the illegal burning of houses and property, displacement of villagers as well as the killing and rapes that have been carried out by the Salwa Judum and security forces in Dantewada district, Bastar. Now that it has been clearly established by the NHRC and accepted by your government as shown by your own affidavits to the Supreme Court that Salwa Judum is an armed organization which has burnt houses and destroyed property, how do you continue to publicly justify and praise the Salwa Judum? Is it constitutional to support a vigilante movement which has caused such destruction? Naxalite illegality does not justify state illegality.

Since October 2008 we have been waiting for your government to fulfill its promise to the Supreme Court that it would rehabilitate all villagers who had been affected and displaced by Salwa Judum and Naxalite violence. The SC had asked you to act on the NHRC recommendations to compensate and rehabilitate all victims of Salwa Judum and Naxalite violence, to ensure the safe return to their villages of all displaced persons, whether in camps, Andhra Pradesh or elsewhere, to remove security forces from schools and civilians buildings, to identify the large numbers of missing persons and freely register FIRs on complaints. At first you cited the excuse of the election code in the assembly elections for not giving compensation, even though this did not prevent you from promising rice at Rs. 3. Later, you used the excuse of the parliamentary elections to avoid replying to the Supreme Court and managed to get the hearings postponed after the monsoons, despite knowing that if people are unable to come home and cultivate during the summer, they will lose another year. For almost a whole year, you have tried to evade your responsibility to the affected people and to the Court. The affected people are among the poorest in the country. You talk of development but have no concern for those whom your own government has rendered destitute.
Not only has your government not drawn up any plans for rehabilitation or compensation, but you have actively prevented others from helping to rehabilitate displaced villagers. By demolishing the Vanvasi Chetna Ashram at a time when they were engaged in bringing back villagers from Lingagiri, Basaguda and surrounding areas, simply fulfilling what you yourself had agreed to in the Court, you have sent a clear signal of contempt to the Court.

The NHRC had recommended that FIRs be filed expeditiously and in Annexure R 1 and R 5 of your affidavit dated 19 October 2008, your government had accepted this recommendation.  In demolishing the Vanvasi Chetna Ashram because they had been helping villagers file cases, and refusing to register FIRs on those complaints, your government is again in contempt of the Supreme Court.
Not only have you not fulfilled any of your promises to the Court and violated the Constitution, but the security forces and SPOs have continued to burn and loot villages such as Badepalli on 25 April 2009. When Vanvasi Chetna Ashram was demolished, journalist Javed was beaten up by the police because of his coverage of Badepalli.

In demolishing the Vanvasi Chetna Ashram, you have sent a clear signal that there can be no space for ordinary people who believe in non-violence and the Constitution. You are entitled to wage war against the Naxalites, who have taken up arms against you, but you are not entitled to wage war against the unarmed citizens of this country and against all constitutional norms.
In the name of the Indian Constitution, we ask you to declare the Salwa Judum an illegal, unconstitutional organization, to fulfill all your promises and compensate and rehabilitate people according to national and international norms, and to reconstruct the
Vanvasi Chetna Ashram.

Vijayan M.J.
for
Campaign for Peace and Justice in Chhattisgarh

F10/12 Malviya Nagar, New Delhi

Annexure R 5
Government of Chhattisgarh
Home Department (Section C)
Ministry
No. F/4/46/Two_C/08     Raipur dated 17.10.08

To
The Collector
Bijapur and Dantewada
Subject: Regarding necessary action with respect to report of National Human Rights Commission

Reference: Petition No. 250/2007 titled as Nandini Sundar & Ors. Vs. state of Chhattisgarh and No 119/07 titled as Kartam Joga and Ors. Vs. State of Chhattisgarh regarding Salwa Judum filed before Hon’ble Supreme Court

With reference to aforementioned petitions, the following steps be taken on the recommendations of Report of National Human Rights Commission in compliance of the directions of Hon’ble Supreme Court:-

1. Necessary action be ensured for rehabilitation of uninhabited (displaced) families by District Level Rehabilitation Committee constituted under the chairmanship of Collector. Necessary scheme/proposal with respect to rehabilitation at Collector State level be sent to State Level Rehabilitation Committee.

2. Necessary relief money be given in cases of properties damaged by Salwa Judum activists/security forces, besides naxalite violence, after village wise analysis.

3. Security forces be not allowed to stay in school/ashram buildings. Construction of barracks etc. required for stay of police force, be got carried out with the help of Police Department/Authority.

4. Facilities of ration distribution, public distribution system, health toilet etc. in the relief camps be ensured.

5. Inquiries and sudden inspection of complaints be carried out with respect to black-marketing of ration-distribution and kerosene oil.

Proceedings on the aforementioned suggestions be commenced and its monthly be done and monthly report of steps taken be sent.

Sd/- Illegible
(Sanjay Pillai)
Secretary, Government of Chhattisgarh
Home Department
Endt. No. F/4/46/Two-C/08
Raipur Dated 17.10.08
Copy to:
1. The Commissioner, Bastar Division, Jagdalpur for necessary action.

Sd/- Illegible
(Sanjay Pillai)
Secretary, Government of Chhattisgarh
Home Department

Annexure R 1
Government of Chhattisgarh
Home Department (Section C)
Ministry
No. F/4/46/Two_C/08                            Raipur dated 17.10.08

To
The Director General of Police
Bijapur and Dantewada
Chhattisgarh

Subject: Regarding necessary action with respect to report of National Human Rights Commission

Reference: Petition No 250/2007 titled as Nandini Sundar and Ors. Vs. State of Chhattisgarh and No 119/07 titled as Kartam Joga & Ors. Vs. State of Chhattisgarh regarding Salwa Judum filed before Hon’ble Supreme Court

With reference to aforementioned petitions, the following action on the recommendations of Report of National Human Rights Commission in compliance of the directions of Hon’ble Supreme Court is required:

1. Fail-safe arrangements of security be ensured in 23 relief camps running in Bijapur and Dantewada districts

2. On receipt of information of all the cognizable offences, registration of First Information Report in conformity with the legal provisions be ensured

4. On receipt of information in police station about grave and cognizable offences, investigations in these cases be carried out promptly (*the actual version misses no. 3)

5. Investigation of all the offences registered against security forces and Special Police officers till date, be carried out by Investigation Department

6. Ensure maintenance of record in police station regarding lost person, movement of criminals and suspects

7. In light of the record of occurrence of loot, rampage of houses of villagers, a proposal for grant of compensation to them be put forth before District Level Committee

8. A list of lost persons of naxalite-affected villages be prepared by police and circumstances of their lost be traced. Factual evidence with respect to their present situation be collected.

9. Security forces be not stayed in the buildings of teaching institutions and ashrams

10. Ensure compliance of policy of transfer of police officers/employees in South Bastar

11. The security forces deputed in the naxalite affected area be made perceptive to the human rights. Constant vigilance be ensured for prevention of violation of human rights.

12. In conclusion with respect to various offences in the inquiry conducted by Inquiry Team of National Human Rights Commission, additional inquiry has been stated to be necessary in few incidents. In this regard, Police Headquarter is to ensure necessary inquiry to be conducted by the Committee constituted under the Chairmanship of Inspector General of Police, Bastar

13. Inquiry by independent agency in few cases has also been suggested in the report of Inquiry Team. Such cases be investigated by Crime Investigation Department.

Compliance of foregoing directions be ensured and send a Report of the same.
Sd. Illegible
(Sanjay Pillai)
Secretary, Government of Chhattisgarh
Home Department

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