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 

Peace Padayatra in Chattisgarh, DGP in California

We must protest human rights violations in Chattisgarh. The Chief of Police who has been silencing dissent and as Salwa Judum spreads terror in the interior tribal villages, is visiting California this week. Please read on:

Himanshu Kumar, who has been working for more than 15 years with Vanvasi Chetana Ashram in the tribal villages of Dantewara, in Chattisgarh, has sent this message about the Peace March they are taking through the villages:

“We are starting a padayatra from Errabore today. Our padyatra will end on 2nd October, Gandhijis birthday in Dornapal. We plan to cover 22 interior villages in 12 days. We are a group of 14 volunteers from Vanvasi Chetna Ashram, including 3 girls. Our night halt today will be at Nendra village….”

Meanwhile, the Director-General of Police, Mr. Vishwa Ranjan is visiting Berkeley California, to speak at a seminar on “Indian Democracy.”

Concerned individuals are planning to raise tough questions for the DGP at this seminar. Concerned faculty are endorsing a letter to present to the DGP in Berkeley. If you are / know faculty who would like to see & sign this letter pls respond to paravinda gmail.com with your name, title and affiliation.

Himanshu Kumar has a question for the DGP of Chattisgarh:

Why have FIRs have not been filed against the Salwa Judum/ SPOs/ Police officers?

1. On 18th March 2008, three tribals living in Matwada Salwa Judum camp in Bijapur district, under the protection of police and SPOs, were brutally killed by the salwa judum/police. The attackers started beating them up at 4 pm and continued beating them for 4 hours till they were finally killed at around 8 pm–their eyes were gouged out and their heads beaten with rocks.

Himanshu ji took the three widows to meet with the DGP. He listened to them and consoled them and told them that such atrocities will not happen again. But later, he claimed that Himanshu ji had lied about this incident, and claimed in court documents that the widows are making false accusations under the influence of the Naxalites. The police has refused to file any FIRs on this matter

More about this incident can be read (in Hindi) here

2. On August 11th, 2008, Salwa Judum/police visited the Arlampalli village and killed 5 people who were engaged in agriculture at that point. The village people claim that they were involved peacefully working in the fields at the time they were killed by the police. They were not threatening the police in any manner. Again, Himanshuji took the parents of one and the wife of another deceased person to meet with the SP of Dantewada, where they complained to him that the police killed their loved ones with no justification. Once again, no FIR was filed.

More information here (again in Hindi): (including the report by Himanshu ji, and petitions by parents and wife of deceased).

If you can BE IN BERKELEY to demand that the DGP STOP supporting Salwa Judum, STOP imprisoning human rights activists, STOP silencing voices of dissent in Chattisgarh and DROP CHARGES against and RELEASE political prisoners including Dr. Binayak Sen, Ajay TG and others, please go to Barrows Hall on Saturday Sept 26 at 2 pm and make your voice COUNT.

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September 26, 2008 | Filed Under Protests | Leave a Comment 

Brief report of public meeting with Ajay TG in Pune

A brief report of the public meeting with Ajay TG in Pune, organised the day before yesterday.

Public meeting with Ajay TG in Pune on 20th September

Yesterday (20th September 08) the ‘Release Dr. Binayak Sen committee’ in Pune organized a well attended public meeting and also a separate smaller discussion with activists, with Ajay TG as the main speaker. As we all know, Ajay TG is a film maker and PUCL activist from Bhilai who was imprisoned for three months by the Chhattisgarh government, and was released recently since there was no evidence and the police could not even file a chargesheet against him.

The public meeting was attended by over a hundred citizens of Pune and was presided over by Justice PB Sawant, retired Supreme court judge. Besides Ajay, the meeting was also addressed by the noted film maker Anand Patwardhan and the human rights lawyer, Asim Sarode, and was moderated by Anant Phadke. The meeting started with screening of the films ‘New State, Old Problems’ and ‘Anjaam’ (directed by Ajay TG) which graphically depicted the growing repression in Chhattisgarh, the problematic nature of Salwa Judum and of course the background to Binayak’s arrest.

In his address, Ajay TG brought home to the audience very effectively the almost surreal circumstances of his arrest and imprisonment. With no charges, no evidence and no basis to even suspect his doing anything illegal, he was picked up on 4th May and put in jail, without even allowing him to meet his lawyer or family. He described the sub-human circumstances in the jail, the tremendous demonisation by media of himself and his family leading to cutting off all forms of social support, and the highly biased nature of the entire law and order machinery in the state. His only ‘crime’ was that he was persistently attending Binayak’s trial hearings and as a PUCL activist he dared to not be cowed down despite the widespread repression.

When the police finally realized that they had nothing that could be held against Ajay, and he would have to be released, in a last-ditch attempt the police tried to make him sign on a document indicting Binayak of having links with Maoists, which Ajay bravely refused to comply with. Delivered in a simple and straightforward style, Ajay’s story was really chilling since it gave a glimpse of the kind of ‘undeclared Emergency’ that today prevails in Chhattisgarh, and seems to be rapidly developing in many other parts of the country.

Read more

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September 26, 2008 | Filed Under Protests, solidarity | Leave a Comment 

Sreelatha Menon: A homecoming in Bastar

Business Standard, July 20, 2008
EAR TO THE GROUND
Sreelatha Menon

The collector of Dantewada has agreed to give 10 quintals of paddy seed to restart farming in Nendra. Nendra is a village in Konta block in Dantewada district in Chhattisgarh which has been lying deserted for the last three years after multiple attacks by the government-backed anti-Naxal militia, the Salwa Judum, and the police. The collector’s gesture was in reciprocation of a rehabilitation effort by an NGO called Vanvasi Chetna Ashram to facilitate homecoming for the villagers who were living either in jungles fearing reprisals from the Salwa Judum and the police, or in neighbouring villages of Andhra Pradesh. Some of them are in camps set up by the state government.

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July 20, 2008 | Filed Under Press Reports, articles | 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

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

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