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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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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EVER QUESTIONED A REAL LIVE HUMAN RIGHTS VIOLATOR?

This Saturday, come question Vishwa Ranjan, the head police official in the Indian state of Chhattisgarh, where police are responsible for:

Ranjan will be speaking at a conference at UC Berkeley on Saturday, and we need your help to ask him the tough questions that his local critics haven’t been able to ask. Join us, in solidarity with the embattled Tribal communities of the Indian state of Chhattisgarh!

Stand up to Chhattisgarh DGP Vishwa Ranjan
The Berkeley Conference on Indian Democracy
Saturday 9/27, 2:00 pm
8th Floor, Barrows Hall

More details:
http://www.hrw.org/reports/2008/india0708/
http://www.binayaksen.net/
http://www.rediff.com/news/2007/sep/18naxal.htm
http://www.rsf.org/IMG/pdf/Report_Chhattisgarh-2.pdf

Call for endorsements:

Please endorse the attached flyer, protesting the actions of Vishwa Ranjan, the Chief of Police of the Indian state of Chhattisgarh, who’ll be speaking at a UC Berkeley conference this Saturday (2pm, September 27, at Barrows Hall).The Chhattisgarh state government has been implicated in numerous human rights violations, including the imprisonment of noted physician and human rights activist Dr. Binayak Sen for the last 16 months, mass diplacement and disenfranchisement of approximately 300,000 tribals, and the sponsorship of the violent Salwa Judum militia movement.
Despite an international campaign to ensure due process, including an appeal signed by 22 Nobel laureates, Dr. Sen and other human rights activists, lawyers, and journalists continue to be harassed by police.The DGP (Director General of Police) of Chhattisgarh is an invited speaker at a panel during “Justice and the Law,” a conference on Indian democracy at UC Berkeley this weekend. Given his active role in silencing and vilifying human rights critics in his own state, it’s
critical for us to speak out.

We ask you to:

1. Endorse our flyer by sending email to freebinayaksen@gmail.com
2. Express your solidarity with the people of Chhattisgarh by attending the panel and supporting our representative who has been invited to participate in the panel to challenge the DGP:

Barrows Hall, UC Berkeley
Saturday, September 27, 2:00pm (show up at 1:30pm)

3. Demand that the DGP:
STOP supporting Salwa Judum,
STOP imprisoning human rights activists,
STOP silencing voices of dissent in Chhattisgarh
DROP CHARGES against and RELEASE political prisoners,
including Dr. Binayak Sen, Ajay TG and others.
Thank You!

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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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An attempt to deprive tribals of their constitutional rights: National Adivasi Alliance

Mangalore Times

Bangalore July 28: Decrying the conspiratory moves by forces with vested interests to thwart the rendering of constitutional benefits to the Adivasis across the country, the National Adivasi Alliance (NAA), a national level NGOs network has, in unison declared to intensify its efforts to lobby for the effective implementation of the Forests Rights Act. The resolution to this effect was taken at the three-day national workshop on “Adivasi World View and Adivasi Dialogue organized by NAA in association with Coorg Organisation for Rural Development (CORD) that concluded here on Sunday.

Briefing reporters here on the deliberations, NAA spokesperson, V S Roy David informed that the discussions which were actively participated by Adivasi representatives from eight states across the country including Jharkhand, Chattisgarh and Orissa, strongly felt that it was high time that the Governments and the other powers that may be, accorded serious weightage to the Adivasi ways of sustainability, ecology governance and justice system so as to enable progress in the true sense.

Read more

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