POLICING DISSENT: The Silencing of Speech in Chhattisgarh

Statement read out by Dipti Bhatnagar
Students for Justice in Chhattisgarh, UC Berkeley
The Berkeley Conference on Indian Democracy
Saturday 9/27, 2:00 pm
8th Floor, Barrows Hall

I appreciate this opportunity to express our views and ask some questions of Mr. Vishwa Ranjan, the highest police official of Chhattisgarh.

Others have talked about the broader issues, I wish to talk about the intimidation, the silencing of those who dare to speak out against the trampling of rights by the state. The best known example is perhaps Binayak Sen, an acclaimed doctor currently languishing in the Raipur jail. Binayak Sen has spent more than 25 years serving the poorest and the most marginalized communities of Chhattisgarh. He has also actively worked with these communities in their struggles to protect their rights and dignity, and is the national vice-president of the People’s Union for Civil Liberties. An outspoken critic of the Salwa Judum, and of the reign of terror spread by state forces in the name of countering the Maoist insurgency, what has been Binayak Sen’s reward? He gets arrested and thrown into jail by the police. Another political prisoner paying the price for having a conscience!

Sixteen long months later, Dr. Sen continues to be held behind bars. Why, you may ask? Well, first it took almost a year before the trial even started. And during this year he had to spend 3 weeks in solitary confinement, a confinement that was illegal, without court approval. Once the trial did start, the police was unable to present any credible evidence, and the prosecution witnesses, nearly two dozen so far, have turned hostile. So what do the police and prosecutor do? They start fabricating evidence. A mysterious letter appears in the supposedly sealed evidence bag produced in court. A letter not listed on the search memo or mentioned in the charge sheet. Not properly authenticated. Conveniently for the state’s case, this letter is from the Maoists, thanking Dr. Sen for his help.

Mr. Vishwa Ranjan, can you tell us why the police feel compelled to fabricate evidence?

Another, and related, case of intimidation by the state is that of Ajay TG, a young film maker and Binayak Sen’s colleague in the PUCL. Ajay’s mistake was making a film about the strange circumstances surrounding Binayak Sen’s arrest and incarceration. So of course, Ajay too was arrested as a threat to the security of the state. In this case, the police couldn’t even produce a charge sheet, even after 90 days, the statutory maximum period someone can be held without charge. But even though they had to let Ajay out on bail, the police haven’t given up.

Mr. Vishwa Ranjan, why have you not dropped the case if you still haven’t come up with a charge sheet against Ajay, 150 days after his initial arrest?

Of course, Ajay TG and Binayak Sen, are not isolated cases of critics being intimidated and harassed into silence by the police. Equally egregious, even if less visible, is the continuing reign of terror in the lives of large swaths of tribal communities in Chhattisgarh. One of the most blatant instances of state intimidation is the case of Nendra village in Dantewara. Villagers from Nendra had been attacked multiple times by the forces of Salwa Judum, had 150 dwellings burnt, 4 women raped and 27 inhabitants, including 9 children, killed. On 10th June 2008, they testified before the visiting fact- finding team from the National Human Rights Commission investigating Salwa Judum atrocities. Five days later, the Salwa Judum forces exacted revenge on this village by attacking it yet again and burning 11 homes. And the police response? They shrugged off this case of arson, saying that Nendra was abandoned and the houses were likely Maoist hideouts.

Mr. Vishwa Ranjan, can you tell us why the police cannot even guarantee the safety and security of witnesses testifying before a team sent into the state under orders from the Supreme Court?

In the name of fighting the Maoists, the police and administration in Chhattisgarh have turned the state into a human rights nightmare.

I, and the other groups and individuals I represent at this podium, demand the repeal of Chhattisgarh’s Black Laws, we demand that the Salwa Judum be disbanded, all political prisoners, including Dr. Binayak Sen be released by the state and democracy be restored in Chhattisgarh.

Thank you!

Supported by:

Alliance of South Asians Taking Action
Association for India’s Development
Campaign to Stop Funding Hate
Friends of South Asia
Hesperian Foundation
International Campaign for Justice in Bhopal
People’s Health Movement
Sanhati

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September 28, 2008 | Filed Under statements | Leave a Comment 

Know for yourself the Sinister ways of Chhattisgarh Police : Kavita Srivastava

DIARY NOTES

Events of the Third Phase of Dr. Binayak Sen’s Trial & Incidents Preceeding Ajay TG’s Bail

Since Dr. Sen’s trial is disproving the prosecution’s case the police is openly trying to fabricate evidence both inside and outside the court. The police even tried to use Ajay’s TG legitimate release against Dr. Sen, hence the events of both the cases have been written together

The third phase of the trial of Dr. Binayak Sen case began on the 29th of July and lasted till July 31st. The key witnesses, the material witnesses had already deposed in the first two phases of the trial and some were tendered off. The subsequent witnesses were to be mostly seizure witnesses or police and jail personnel. Since most of the 20 witnesses who had deposed in the first two rounds of the trial had in no way confirmed the police case, the prosecution in an act of desperation had filed an application of recalling three of the witnesses who had deposed in the second phase between the 1st of July and the 4th of July. This was slated for argument in the course of these three days.

This was also the period when it became clear that charge sheet was not being filed in the Ajay TG case and that statutory bail was imminent however, we were suddenly filled with the hope that perhaps the case itself would be closed as Ajay had not committed any criminal act and hence there was no evidence to that effect.

29th July. 2008

No hearing happened as a senior member of the bar had passed away. Before we reached the Court, Dr. Binayak Sen, Pijush Guha and Narayan Sanyal had been already taken away to the jail. We were very disappointed that we had missed him. Read more

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September 26, 2008 | Filed Under articles, trial updates | 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 

Plain truths: Ajay T.G.’s films uncover a world hitherto concealed

Friday Review
Bangalore
The Hindu
THIRD EYE Ajay T.G.’s films reveal a socio-political insight into the state of Chhattisgarh

Ajay T.G.’s films are simple and telling. Screened recently by Vikalp Bengaluru, Alternative Law Forum and Pedestrian Pictures, five short films by the 35-year-old Chhattisgarh-based filmmaker drew crowds at the Centre for Film and Drama in Ban galore. Ajay T.G. and Dr. Binayak Sen have been arrested and charged under the Chhattisgarh Special Public Security Act (CSPSA). Several well-known filmmakers, film societies, writers, thinkers and journalists have expressed publicly, the demand for Ajay’s release and his right to make films by screening his films and holding discussions in some parts of the country.

“Anjam” was an informative film about the life and work of Dr. Binayak Sen at the Shaheed Hospital in Rajhara. As patients pour in, nurses, workers and doctors give personal accounts about Dr. Sen’s contribution and efforts. Newspaper-clippings and certificates float on the screen — going back to Dr. Sen’s role and phenomenal achievements as a student at the Christian Medical College, Vellore and Jawaharlal Nehru University, New Delhi where he studied social medicine. Fifty six-year-old Binayak Sen has been in jail for more than a year for working for more than 30 years with the tribals of Chhattisgarh. On May 14, Ajay was arrested under the Unlawful Activities (Prevention) Act and the Chhattisgarh Special Security Act after publishing

“Hathaure Wala” (Man with the Iron Hammer) was short and revealing. Mid-long and life-size shorts of an ageing blacksmith working in the shadow of the Bhilai Steel Plant brought the audience in close proximity of his life and occupation.

Again, a short film, “Jeet” was a pre-rehearsed film by Jandarshan — a video-training project under the European Union-India Economic Cross Cultural Programme and Raipur-based Hindi daily “The Deshbandhu”. The student film captured a malaria-prevention drive in a village — very similar to a government movie on healthcare. Simple and straightforward for a target audience, “Jeet” portrayed the dichotomy of modern medical treatment and ancient myths.
Read more

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August 23, 2008 | Filed Under Press Reports | Leave a Comment 

Ajay TG : Released But Not Free

ENGAGED CIRCLE
interview

Filmmaker Ajay TG tells SHOBHITA NAITHANI it is important he speaks out, even if it means going back to jail

In May 2008, the Chhattisgarh police arrested freelance journalist and filmmaker Ajay TG in Raipur. The charges against Ajay: violating the provisions of the draconian Chhattisgarh Special Public Security Act, 2005 (CSPSA) which allows the police to arrest anyone with political associations that dispute state policies. Ajay was released on conditional bail on August 5 after the police failed to file a charge sheet against him within the stipulated 90 days. After his release, the filmmaker spoke about his incarceration, his work and starting life afresh.

Now that you’re out of jail, do you feel free?
Not at all. The police haven’t closed the case against me yet. I don’t know what their next step will be. I have to think twice before I say something. I can be thrown back into jail if I make a statement that disconcerts the government or the police. Read more

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August 23, 2008 | Filed Under Press Reports | Leave a Comment 

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