A Roster of Crimes Against Chhattisgarh State and DGP Vishwaranjan

Cases of Dr. Binayak Sen and Mr. T.G.Ajay: Terrorizing Human Rights Defenders / Development Activists?

1. Why is the State Afraid of the Good Doctor?
Question: Why does the State NOT specify charges against Dr.Binayak Sen NOR produce any evidence regarding his actions and yet keep him in jail for 534 days?

The chargesheet against Dr. Sen under CSPSA intentionally uses “vague” terms such as “sedition,” “waging war against the state” and “abetting unlawful activities.” He is charged with helping an illegal organization as a member by participating in it OR as a non-member by funding OR receiving funds OR by “hatching a conspiracy.” Dates, time or places of these “activities” are often not specified. This allows police to endlessly drag the trial by producing long list of witnesses without specifying their relevance.

2. Dr. Sen, Can We Presume?
Question: On what basis has the police determined that Dr. Sen is a “doctor in name only”?

The chargesheet against Dr.Sen says that he “is certainly a doctor: but is a big zero in terms of actual practice of medicine.” Does a gold medal from CMC Vellore, the 2004 Paul Harrison Award, Global Health Council’s Jonathan Mann Award 2008, and founding Shaheed Hospital in Chhattisgarh not matter?

3. No Evidence? Doesn’ Matter, Plant Some
Question: Why did the police try to fabricate evidence against Dr. Sen?

Even though the seizure memo in Dr. Sen’s case lists 10 items obtained from his premises signed by the Investigating Officer (IO), Dr. Sen and witnesses, the sealed bag of evidence opened in court had 11 objects, the extra one bearing only the signatures of the IO and prosecution witness.

4. Now, who is a threat to who?

Question: Can you explain why there is a consistent attempt to harass Dr.Ilina Sen (Binayak Sen’s wife and co-activist) -neither an accused nor a witness- both in and outside the court room?

On July 2nd, 2008, during the trial, the public prosecutor tried to implicate Dr. Ilina Sen by asking leading questions to a witness asking him to “identify” Ilina in court. On another occasion, the same prosecutor publicly threatened to falsely implicate Ilina by boasting that “if the defence wished they could make the wife of the accused an accused in the present case at anytime.”

5.No Chargesheet, But Imprisoned; Released, But Not Free
Question: Why was Mr. T.G. Ajay, an independent film maker jailed for 93 days under CSPSA, and with no chargesheet produced by the police at the end? Why is Ajay’s case not yet withdrawn?
Question: Why were police personnel threatening the women and children of the slum where Ajay’s school, Drksakshi operates despite all odds on issues of malnutrition, illiteracy and livelihood?

6. Entrapment?
Question: Why was Ajay being pressurized to sign a letter falsely implicating Binayak Sen and the PUCL as a condition for his release?

Despite efforts to try and frame him, Ajay had to be released on statutory bail. The police could not find any evidence of his wrong-doing. Yet, as shockingly revealed by PUCL legal team, Ajay was also being forced by the police to sign a statement against PUCL, Binayak and Ilina Sen as a condition for his release.

Salwa Judum:  Democracy Chhattisgarh-Style, State Impunity For State Violence Against Citizens?


1.When Report after Report Documents State Sponsored Violence…Can The Emperor Have Any Clothes?
Question: Will the DGP (as the senior most police officer in the State) be liable for murder? Since the State and its police dept. gives logistic and monetary support to Salwa Judum, shouldn’t they be considered accomplices?

In September 2008, a Bench comprising Chief Justice K G Balakrishnan, and Justices P Sathasivam and J M Panchal after perusing the National Human Rights Commission report on violence in Chhattisgarh said, “The allegation is that the state is arming private persons. You can deploy as many police personnel or armed forces to tackle the menace. But, if private persons, so armed by the state government, kill other persons, then the state is also liable to be prosecuted as abettor of the murder.” Chief Justice Balakrishnan added “It is very painful to read the report. It says there is arson and looting, people are armed and they [Salwa Judum] are committing serious offences. It says people who are subjected to serious problems are still afraid of coming out.”

Question: What kind of police force has more than 85% of its officers commit crimes that got them “discharged”?

In a recent interview in Pioneer, the DGP admitted that 3,250 Special Police Officers (SPOs, the official title for Salwa Judum employees) were “discharged on various grounds of indiscipline.”  The DGP has also claimed (to HRW) that there are 3800 SPOs altogether (the SP Dantewada claimed 3500). If this is the admission of the top police officer, then is it difficult to see why SPOs murder, rape, & forcibly displace?

Question: Will the DGP now include the Supreme Court justices in his list of “Maoist sympathizers” who are demoralizing the Indian state?

The DGP is fond of calling anyone who condemns the Salwa Judum as “maoist sympathizer”. This list includes so far Shankar Guha Niyogi–labour leader founder of India’s largest mass organization, the Chhattisgarh Mukti Morcha; sociologist Nandini Sundar, historian Ramachandra Guha, author Arundhati Roy, journalist Shubhranshu Choudhary, human rights groups such as PUCL, Gandhians such as Kanak Tiwari, Himanshu Kumar and Sandeep Pandey, the entire Planning Commission Experts Committee–in short he includes anyone who dares to dissent in his terrorized state.

2. How to Make a Terrorist? A State Primer
Question: Why does the Chhattisgarh police arm children under 18 years? Does the DGP know that “Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities” constitutes a war crime under the “Rome Statute of the International Criminal Court, 1998″?

“The police asked me also to become an SPO [special police officer] but I refused because I did not want to become an SPO and commit heinous crimes. I did not want to shoot and kill people. … They do not ask anyone how old they are. Even 14-year-olds can become SPOs if the police want them to become SPOs.”
– Poosam Kanya (pseudonym), former resident of Errabore camp, December 2007 (Human Rights Watch)

3.Deny First Information Reports (FIRs), Claim no Evidence= No Atrocities
Question: Why are FIRs not filed for cases when victims have requested that they be filed?

On 18th March 2008, three tribals in Matwada Salwa Judum camp in Bijapur district were brutally killed by the Salwa Judum/police. On August 11th, 2008, Salwa Judum/police killed 5 people at the Arlampalli village. The police refused to file any FIRs in both cases despite constant requests by Himanshu Kumar of the Vanvasi Chetna Ashram. On March 31, 2007 the Salwa Judum/police killed six or more aboriginals in Santoshpur/Ponjer, a fact that was testified later by the “team leader of SPOs” to a journalist.

4. Meritocracy in the Bureaucracy: Murder, Rape, Torture as Credentials

Question: Why has no action been taken against former SP Kalluri for his crimes?
S.R.P. Kalluri, (Former) SP,Balrampur has been implicated in Custodial rape of Ledha Bai and murder of her husband, Police beatings in Ambikapur,  Lathicharge of Rozgar Adhikar Yatra (March for Right to Employment), custodial torture, fake encounters and Intimidation of Lawyers. Kalluri has been promoted and made DIG, Anti-naxal operations, in the capital city of Raipur.

5. Who is in charge in Chhattisgarh?
Question: Why does the Chhattisgarh government harass NGOs by speaking in two voices?

In August 2007, Chhattisgarh state tried to ban NGOs, including Medicine Sans Borders (MSF or Doctors without Borders). Why did a local DC (Dantewada) and SP (Bijapur) claim that NGO’s (and MSF) are assisting Maoists, whilst the State government in Raipur expressed full cooperation with MSF? Why did the media rush to declare MSF as banned, leading to harassment of MSF personnel by Salwa Judum?

Chhattisgarh Special Public Security Act (CSPSA) is a new version of extraordinary laws such as POTA and TADA that bypass many routine forms of due process through a broad definition of an unlawful activity and acceptance of vague and unreliable evidence, all in the name of national security.

Salwa Judum: State sponsored militia set up in 2005 ostensibly to counter Maoist-led violence in mineral rich districts of Chhattisgarh, home to a large population of aboriginal groups now the predatory target of Indian and foreign multinational corporations. Many human rights groups and independent citizen’s groups such as Asian Center for Human Rights, International Association of People’s Lawyers, People’s Union of Civil Liberties/People’s Union for Democratic Rights/Association for the Protection of Democratic Rights (APDR) West Bengal, and Indian Association of People’s Lawyers (IAPL), Amnesty International, Human Rights Watch and the Indian National Human rights Commission have documented the details of how Salwa Judum has been responsible for killing, looting, rapes and forced eviction of people from their homes to camps with inhuman conditions.


DGP Vishwaranjan: Highest ranking police officer in Chhattisgarh, consistent apologist for CSPSA, Salwa Judum

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September 27, 2008 | Filed Under Protests, articles | Leave a Comment 

UPDATE On Dr. Binayak Sen’s TRIAL (15 Sep 2008)

“QUESTIONS ON DR. BINAYAK SEN’S TRIAL”

Raipur, 15th September, 2008: The last dates of trial of Dr. Binayak Sen, General Secretary, Chhattisgarh PUCL were September 8th & 9th 2008. Strangely, nothing happened on these days, as the hon’ble Judge, Mr. B S Saluja, Additional District Judge (Fast Track Court), Raipur had gone on “Training”. So, the accused were brought from Raipur Central Prison only to sign on the Order Sheets.

The next dates are October 13, 14 & 15, 2008. During the past few months, concern has been expressed by almost everyone attending the Court’s proceedings as to the seriousness of the prosecution in conducting the Trial. Some Observers have expressed these concerns in writing. We are circulating here two Notes and Letters on Trial Observations.

One, by Kavita Srivastava, Secretary of National PUCL, and General Secretary, Rajasthan PUCL, who has been closely following the Trial Proceedings.
Two, by Dr. Abhay Shukla, a member of the CORE GROUP OF NGO’s of National Human Rights Commission (NHRC).

These provide deep insights into violation of national and international standards set up for a Fair & Just Trial. We must not forget that Dr. Binayak Sen is also a “defender of human rights”. Read more

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September 26, 2008 | Filed Under Press Release, trial updates | Leave a Comment 

Book Review: Threat to State Security : Incarceration of a Public Health Practitioner

Saturday 2 August 2008, by K B Saxena
Book Review

Indian Doctor in Jail: The Story of Binayak Sen—A Report to the Nation by Doctors in Defence of Dr Binayak Sen
Publishers: Doctors in Defence of Dr Binayak Sen, Promila & CoPublishers in association with Bibliophile South Asia, New Delhi and Chicago; pages 112; price : Rs 250.

Democracies are considered the world over as a superior form of polity when compared to authoritarian regimes due to their ability and confidence to face multiple and complex challenges particularly in a culturally diverse and socially unequal society. This is on account of the former’s institutional structures of participation, accountable governance, resolution of conflict through dialogue and accommodation and commitment to universally recognised rights and freedoms. But how would a democracy be described when it demonstrates its incapability to understand, much less to deal with, political violence from its disenchanted and alienated social groups, turns to extraordinary laws curbing civil liberties, acquiesces in unaccountable governance for enforcing security, despises advocacy of human rights and legitimises matching counter-violence to meet this challenges? The history of modern political theory has come to describe such a State as fascist which, while retaining the democratic institutional arrangements, descends into authoritarian practices through both legal and extra-legal practices in dealing with its citizens. The book under review, which revolves around the detention and continued incarceration of Dr Binayak Sen, brings out the typical features of such a State when it finds the work of this public health professional providing health care services to Adivasis in a remote block a threat to its security.

Read more

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August 2, 2008 | Filed Under articles | Leave a Comment 

Enemy of the state

South China Morning Post, Jul 28, 2008

Human rights activists want the world’s biggest democracy to admit jailing dissenters
BEHIND THE NEWS
Rajeshree Sisodia

There has been a series of arrests of human rights activists across the country. It is plain now that there is a policy to arrest people, put people in jail. We must talk about peace,” Binayak Sen said quietly from the dock.

The judge adjourned the proceedings at the hot and steamy 11th Additional District and Sessions Court in Raipur, capital of Chhattisgarh state in east-central India. Sen was not allowed to finish speaking. The first day of trial was over, his lawyer said, adding that it could last a year. Sen has been in custody, denied bail by three courts, since his arrest on May 14 last year. He was charged with sedition and waging war against the Indian government. He denies the charges. If convicted, he faces life imprisonment.

His case is far from unique. Human rights workers allege that increasing numbers of ordinary people, activists and journalists are being jailed and tortured for opposing the Chhattisgarh state government’s policies.

The New Delhi-based Committee for the Release of Political Prisoners (CRPP) has launched a national campaign to lobby the Indian government to recognise thousands of political prisoners as a separate category of detainees. The CRPP, which alleges detainees are routinely tortured, estimates that India has more than 10,000 political prisoners and the number is rising as state governments act increasingly to crush dissent.

Read more

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July 30, 2008 | Filed Under Press Reports | Leave a Comment 

India: End State Support for Vigilantes - Human Rights Watch

Prosecute Rights Violators and Protect Internally Displaced Communities

Human Rights Watch

“The Chhattisgarh government denies supporting Salwa Judum, but dozens of eyewitnesses have described police participating in violent Salwa Judum raids on villages – killing, looting, and burning their hamlets. ” - Jo Becker, children’s rights advocacy director at Human Rights Watch

(Raipur, July 15, 2008) – The Indian central and Chhattisgarh state governments should hold accountable government security forces and state-backed vigilantes responsible for attacking, killing, and forcibly displacing tens of thousands of people in armed operations against Maoist rebels since mid-2005 in southern Chhattisgarh, Human Rights Watch said in a new report released today.
Human Rights Watch called for an end to all government support for unlawful activities by the Salwa Judum vigilantes, and urged affected state governments to take immediate measures to protect the tens of thousands of persons displaced. Human Rights Watch also called on Maoist rebels known as Naxalites to end attacks on civilians and other abuses.

The 182-page report, “‘Being Neutral Is Our Biggest Crime’: Government, Vigilante, and Naxalite Abuses in India’s Chhattisgarh State,” documents human rights abuses against civilians, particularly indigenous tribal communities, caught in a deadly tug-of-war between government security forces and the vigilante Salwa Judum and Naxalites.

News Coverage

BBC News | Reuters India | NDTV | Monsters & Critics | Voice of America | The Canadian Press | Los Angeles Times | India Today | Pak Watan | Times of India | The Hindu | Daily Tmes

Read more

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July 16, 2008 | Filed Under announcements, statements | Leave a Comment 

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