Vikalp@Prithvi to screen the work of arrested filmmaker…

MTG editorial

Two and a half months have passed. Ajay TG, journalist, filmmaker and human rights activist remains behind bars in a Chhattisgarh prison. His crime? He made a film about and attended the trial of Dr. Binayak Sen. Dr. Binayak’s crime? He worked for decades as a doctor amongst adivasis in an area where no doctor dared to tread. Their joint crime? Both Binayak and Ajay worked with the People’s Union for Civil Liberties and questioned the state-sponsored “Salwa Judum” under which vigilantes in Chhattisgarh are trained and armed to fight Naxalites and end up terrorizing the entire local populace.

Dr. Binayak has already been held as a suspected “Naxalite” without bail and without evidence for two years. His case is now internationally known after 22 Nobel laureates wrote a letter to the PM and President of India asking for his unconditional release. Dr. Binayak has deservedly won several national and international awards from the medical fraternity. Amnesty has spoken up for him. Yet there is no response from Chhattisgarh or from the Government of India and the gross injustice continues. The Supreme Court rejected his bail application without ascribing a single reason to defend
their denial.

Ajay’s case is in some ways even more heartrending if only because he is less well known. A 35 year old from a modest Kerala family, Ajay settled in Chhattisgarh, worked with the youth wing of CPI and with the Peoples Union for Civil Liberties and later learned to make films with “Jan Darshan” a voluntary video training group. Since then Ajay has made several valuable human rights and development films including one on the arrest of Dr. Binayak Sen. Read more

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How the Salwa Judum experiment went wrong: Live Mint

a11d4e2a-4de7-11dd-a550-000b5dabf636 How the Salwa Judum experiment went wrong: Live Mint

Krishnamurthy Ramasubbu
Live Mint, Wall street Journal

Conflict between the militia and Naxalites in the past 3 years has displaced thousands of tribals in Chhattisgarh

Dantewada, Chhattisgarh: It took five days for Gantala Baby and people from the 60 families in her small village in mineral-rich southern Chhattisgarh to cross the Dandakaranya forests and arrive at their destination, Khammam in Andhra Pradesh. Several people died during the 260km trek through unfriendly terrain, and Baby’s son Aadavi Ramudu was born en route.

That was in 2006. Baby, now all of 18, is still struggling to make ends meet at Charla in Khammam. She is among at least 150,000 tribals who have been forced to leave home in Chhattisgarh. Some have moved to Andhra Pradesh. Others live in camps run by the Salwa Judum, a state-backed militia formed around three years ago to fight Maoists (or Naxalites) in the region.

After criticism from several entities, including human rights organizations and India’s top court, the Chhattisgarh government, a Bharatiya Janata Party (BJP) one, is disbanding Salwa Judum, which is translated as peace force by some people and cleansing water by others.

Read more

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Updates on Ajay TG & text of Bail Order

From: Kavita Srivastava

Jaipur,
5th July, 2008.
Dear friends,

I have been to Raipur twice in the last ten days. From the 24-26 June, I was there to express solidarity with the ten day fast that Sandeep Pandey and three others had undertaken, demanding the release of Binayak Sen and Ajay TG and against the Chhattisgarh Public Security Act, 2005. On the last two days of the fast a national seminar against State Repression and Repressive laws was organised by the Chhattisgarh PUCL, timing it with emergency day.

In this period I also met Ajay TG in Durg Jail and also spent some time with his wife Shobha (also a film maker), there 20 month old son called Aman and several cousins and friends of Ajay including a couple of lawyers in Durg.

The second time I went was during the second phase of Binayak’s trial on 2nd and 3rd of July, 2008. On this occasion too I met Shobha and his lawyers.

Both the visits as usual were undertaken to stand in solidarity with Chhattisgarh PUCL who is facing the ire of the State and support the struggle for justice being undertaken by the families of those in jail.

25th June being Wednesday was the weekly day for visitors for Ajay so I accompanied Shobha to Durg jail. Shobha who had expected a face to face meeting with Ajay and had hoped that their son would get an opportunity to hug the father was very disappointed when we were all told that we could only talk to him through the window. Left with no choice all of us, including Ajay’s cousins living in Bhilai talked to him though the grilled and wire meshed window. Ajay who had lost his younger brother Anura only on the 19th of June in a tragic road accident in Kerala, was visibly upset. He was very keen to talk to me separately so we took a chance and I got the permission from the Jail authorities to meet him inside the jail. They just would not allow Shobha but agreed to Aman coming into the Jailer’s room which was our meeting room. Those thirty minutes spent together between father and son was memorable.

Ajay also spoke to me. He asked me to give a message to all. He said that he was innocent and he felt that his arrest was part of the agenda to finish the PUCL. He had been targeted for several reasons:

  1. Since he had worked with Nandini Sundar and she had filed the Salwa Judum case in the Supreme Court, it was one way of getting back at her and him and all those who were opposed to the Salwa Judum.
  2. Since he had made short films on some of the PUCL, Chhattisgarh fact finding misions, like on Gola-Palli and Jiramtarai which had belied the official version of naxalite attacks, he was being taught a lesson for that. These two CDs along with another had been seized from Binayak’s house during the house search in May 2007.
  3. Since he was one of the persons who had conducted the search on the body of the policemen who had carried out the house search of the residence of Binayak Sen as per rules, the particular policemen had told him that he would be taught a lesson one day.
  4. Since he had stood by Binayak and he was one of the few who was regularly coming to the court in solidarity, he was made a target.

Incidentally his analysis is what most of the members in and outside PUCL Chhattisgarh also state. He felt that Chhattisgarh PUCL was a target and had to be supported with greater strength and that the people within the PUCL need to sit and form a strategy as to how to fight this onslaught of the State.

I also learnt that the family was coping with this crisis mostly on its own. The support for the legal case they had organised on their own with some inputs from a few friends in the PUCL and outside.

Ajay being denied access to a Magistrate:

It was shocking to learn from Ajay that although four remand hearings had happened he had been produced only once, that was on the day he was arrested, after that he was never taken on the date of the hearing under the pretext that there was not enough security needed to take a Naxalite prisoner out to a court and the times he was produced he was taken to the Babu of the Magisterial Court and made to sign and brought back..

Incidentally, on the 27th June too (after Shobha and I had brought this to the notice of all in the national convention) he was still taken to the Babu of the remand court where he was made to sign and brought back. After all these hearings are supposed not merely an extension of judicial remand but also an opportunity to share any grievance that the detainee may have, however, that right has been completely denied to Ajay. This was also tried in the case of Binayak Sen when he was prevented from reaching the Court on the grounds that sufficient force was not available. But our protests and lodging written complaints with the Court, DG and the IG gave a message to the authorities

It was definitely a case of the lack of support of a good local lawyer who was neither present for all the hearings and if present did not see that it was wrong, therefore Ajay has never represented his point to the Court. Incidentally we have brought in another local lawyer who hopefully will take on these issues.

Hand Cuffing of Ajay when taken to Court:

The worst part has been that whenever he was taken to Court he was handcuffed and taken. Since he was never produced in front of the Magistrate he was never able to present his point about handcuffing. Here too the local lawyer was not of much help, infact when Shobha raised this with him he felt that there was no escape from the handcuffing.

The legal position is completely clear. Ordinarily the accused must not be handcuffed. This is the settled law through various judgments of the Supreme Court. Only when the Court is completely satisfied by the argument of the prosecution of the likelihood of the accused escaping from custody, the court will permit handcuffing.

In this case neither has Ajay got an opportunity to raise this issue, nor has it been raised by his lawyer. This is the most disturbing thing that unless we monitor what is happening in the court there will be a denial of basic rights even of the most aware and educated of the lot.

We raised this issue with the Jail authorities and gave it in writing to the DGP on the 2nd of July and on the 3rd July too when Shobha and I met the DGP. He has assured that he will look into it and hopefully this should not happen again, otherwise we really need to protest very loudly on the 11 of July which is the next date of hearing.

Well we hope that now with the change of lawyer in Durg things will improve and also our lobbying with the DGP and IG will help.

No legal advise was also made available to them when Ajay got the news of his brother’s death. No bail application was presented in Court.

Ajay also has no access to books. He did apply for it in court but he was refused. Shobha has not been allowed to give books. This was another request that we made to the Jail Authorities. He is only allowed to read one of the local newspapers.

The Text of the Bail order

As you all are aware Ajay was denied bail in the lower court exactly a month after his arrest on the 5th June, 2008. The sections under what he has been booked are 124 (a) (Sedition) and sections 3,4, 8 (1) of the Chhattisgarh Public Security Act, 2005.

Read more

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The statesman Cover Story: THE EVIL WITHIN

The Binayak Sen story is more than just about the violation of individual rights, says Shoma A Chatterji

THE Binayak Sen story is much more than one of a gross violation of human rights. It goes far beyond the international appeals to release him from the unlawful detention he has been subjected to for more than one year. Beginning 16 June, a 10-day fast has been organised at Raipur in Chhattisgarh to express solidarity with him and Ajay TG (a film-maker) — both members of the People’s Union for Civil Liberties, and others detained under the draconian Chhattisgarh Special Public Security Act 2005, and the Unlawful Activities Prevention Act (1967) amended in 2004 to include key sections of the Prevention of Terrorist Activities Act, 2002. Pota was itself repealed in 2004 following widespread criticism of abuse and human rights violations. The CSPSA allows for arbitrary detention of persons suspected of belonging to an unlawful organisation or participating in its activities or giving protection to any member of such an organisation, and human rights
organisations have demanded its repeal.

Read more

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A PLEA TO TAKE UP THE CASE OF FILM-MAKER AJAY T G, HELD ON FALSE CHARGES IN CHHATTISGARH

This is an appeal to you to actively campaign for the freedom for film-maker Ajay T.G, who was recently arrested in Bhilai under the Chhattisgarh Special Public Safety Act (like Dr. Binayak Sen) on charges on sedition!

Ajay, who would be about 35, hails originally from Kerala. Coming from a very ordinary family, he has been involved in CPI politics and is still an office-bearer of the local youth federation. He learned film-making at “Jan Darshan” an effort of journalist Lalit Surjan (of Deshbandhu fame) to train local youth in the audio-visual media.

As a research assistant of the well known sociologist Jonathan Parry of the London School of Economics, Ajay made several films on the interface of caste and class among the permanent workmen of the Bhilai Steel Plant, which were widely appreciated

As a member of PUCL, he had the courage to accompany several fact-finding teams including into fake encounters, and capture on film the statements of victims. (Presumably it is this activity of Ajay’s that is being dubbed “sedition”?) Read more

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