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ITEM NO.1 COURT NO.9 SECTION IIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl) No(s).7898/2013
(From the judgment and order dated 08/07/2013 in MCRC
No.2806/2013 of the HIGH COURT OF CHHATTISGARH AT BILASPUR)
LINGARAM KODOPI Petitioner(s)
STATE OF CHHATISGARH Respondent(s)
(With office report)
SLP(Crl) NO. 7913 of 2013
(With appln.(s) for permission to file synopsis and list of
dates and office report)
Date: 12/11/2013 These Petitions were called on for hearing
HON’BLE MR. JUSTICE SURINDER SINGH NIJJAR
HON’BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA
SLP(CRL.)7898/13 Mr. Prashant Bhushan, Adv.
Mr. Ramesh K. Mishra, Adv.
SLP(CRL.)7913/13 Mr. Colin Gonsalves, Sr. Adv.
Ms. Amiy Shukla, Adv.
Ms. Jyoti Mendiratta, Adv.
For Respondent(s) Mr. V.A. Mohta, Sr. Adv.
Mr. A.P. Mayee, Adv.
Ms. Bansuri Swaraj, Adv.
Mr. Sanjeev Kr. Choudhary, Adv.
Mr. Nilkant Nayak, Adv.
UPON hearing counsel the Court made the following
O R D E R
Although in view of our order, dated 1st
November, 2013, the relevant record has been
produced, but no responsible officer familiar
with the record, who could assist the Court
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in examining the same is present. Only some
police officers who are unable to assist the
Court have produced the record.
Mr. V.A. Mohta, learned Senior Counsel
appearing for the State of Chhatisgarh, has
submitted that no officer could attend as they
are all on election duty. He, therefore, seeks
an adjournment for two weeks, so that the
concerned officer can attend the proceedings.
It has been stated by the learned counsel for
the petitioners that the petitioner-Lingaram
Kodopi- in Special Leave Petition (Criminal)
No.7898 of 2013 has been in custody since 9th
September, 2011 and the petitioner-Soni Sori in
Special Leave Petition (Criminal) No.7913 of 2013
has been in custody since 4th October, 2011. Since
it is going to take some time before a
responsible officer can be present in Court in
assisting the examination of the record, we are
of the opinion that it would be unjust to
continue the incarceration of the petitioners
during the pendency of the applications for bail.
We are also mindful of the fact that Soni Sori,
petitioner in Special Leave Petition (Criminal)
No.7913 of 2013 has been acquitted in five
earlier cases. Similarly, petitioner Lingaram
Kodopi in Special Leave Petition (Criminal)
No.7898 of 2013 was also acquitted in the ealier
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matter. It has also been stated that B.K. Lala,
co-accused has also been granted bail on 4th
February, 2012. In these circumstances, we are
of the opinion that it would be appropriate to
direct that the petitioners be released on
interim bail during the pendency of the bail
applications. However, keeping in view the
submissions made by Mr. V.A. Mohta, learned
Senior Counsel appearing for the State of
Chhatisgarh, it would be in the interests of
justice to direct that the petitioners shall not
enter the State of Chhatisgarh during the period
in which they are granted interim bail. It is
At this stage, it has been brought to our
notice by Mr. Colin Gonsalves, learned Senior
Counsel appearing for the petitioner in Special
Leave petition (Criminal) No.7913 of 2013 and Mr.
Prashant Bhushan, learned counsel appearing for
the petitioner in Special Leave petition
(Criminal) No.7898 of 2013 that the petitioners
have not met their families for a long time and
it would be only humane if they are permitted to
meet their families before they travel to Delhi.
In view of the above, we direct the concerned
Senior Superintendent of Police to depute some
responsible police officers to escort the
petitioners to their respective villages so that
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they can meet their families for a period of 24
hours. On the following day, the petitioners
shall be escorted to Delhi. They shall be
permitted to reside in any locality of their
choice in Delhi. Once the petitioners reach
Delhi, they are directed to report to the Incharge
of the local Police Station once a week.
They shall report to the In-charge of the local
Police Station every Sunday at 11.00 a.m.
Let the matters stand over till 3rd December,
We reiterate that it is necessary that some
responsible officer who is familiar with the
entire investigation should be present in Court
on the next date of hearing to explain the entire
record to the Court and also to clarify any
doubts which may be raised by the learned counsel
for the petitioners.
This order shall be faxed and communicated to
the Welfare Officer, Central Jail, Jagdalpur,
Chhatisgarh and the concerned authority today
itself for necessary action.
(INDU BALA KAPUR)
From The Hindu – November 13th 2013
The Supreme Court on Tuesday granted interim bail to Soni Sori, a tribal schoolteacher of Dantewada, and her relative, journalist Lingaram Kodopi, who are facing trial on the charge of having helped to arrange ‘protection money’ payoffs from steel giant Essar to Maoists in Chhattisgarh.
Ms. Sori and Mr. Kodopi were granted bail since the Chhattisgarh government did not produce an officer for assisting the court in examining the case records it had submitted earlier.
V.A. Mohta, senior counsel for Chhattisgarh, said none could be assigned as all officers were deployed on election duties.
The next hearing is scheduled for December 3, when the State is expected to file its reply.
Ms. Sori, 38, and Mr. Kodopi have been in jail for the past two years, facing multiple criminal charges, ranging from manslaughter to criminal conspiracy. Ms. Sori is alleged to have been tortured in police custody and is still suffering from multiple injuries. Mr. Kodopi, who played a decisive role in exposing the massacre of villagers at Tadmetla in Bijapur district, claims his life and career have been ruined.
Amiy Shukla, one of Ms. Sori’s lawyer, said Ms. Sori was acquitted in six of the eight cases filed against her. Her husband, Anil Futane, co-accused in another case, died during this time. The children separated from the family.
D.V.C.S. Verma, general manager at an Essar steel plant, and B.K. Lala, an Essar contractor, were also arrested. However, they were granted bail in the first few months of their arrest.
25 October, 2013
On Monday, 28th October, the Supreme Court of India will take up the bail petitions of Soni Sori and Lingaram Kodopi, adivasi prisoners in Chhattisgarh who have been incarcerated for more than two years. The arrest and the subsequent torture of Soni Sori in October 2011 drew international condemnation . Much less widely known has been the arrest the previous month of Sori’s nephew, Kodopi, who was also subjected to torture by the Chhattisgarh police .
False charges were subsequently foisted on both of them, with Sori being implicated in eight cases and Kodopi in two cases. Sori was acquitted in all but two of the cases and Kodopi in one of the two cases. Sori was also granted bail in one of the two remaining cases . The one remaining case against both of them relates to allegations of acting as a courier between Essar, a business conglomerate with steel manufacturing operations in Chhattisgarh, and the outlawed Maoist Communist Party of India. Though two other accused in this case, the general manager of the Essar operations in the state and a contract worker, were granted bail within months of their arrest, the trial court and the state High Court have denied Sori and Kodopi bail earlier this year  and it is their appeal against this decision that the Supreme Court is expected to hear on Monday.
Sori was arrested on October 4, 2011 in New Delhi, where she had gone seeking legal help, and taken by the Chhattisgarh police to Dantewada. As detailed in her letters from prison, she was tortured in police custody and sexually abused. Her allegations were substantiated by independent medical examinations conducted in Kolkata under the directions of the Supreme Court. While imprisoned in Raipur, she continued to face abuse and denial of medical care from the police and the jail authorities until the Supreme Court ordered that she be taken to the All India Institute of Medical Sciences for treatment [5,6].
Sori’s husband Anil Futane died last August 2nd, soon after being released from jail . He was arrested in July 2010 and accused of involvement in the attack on the home of Congress politician and contractor Avdesh Gautam. Sori, Kodopi and 14 others were also falsely implicated in this case but all of them were acquitted. According to other jail inmates, Futane was beaten so severely in the prison that he was paralyzed. They attribute his death to health complications resulting from torture and the failure of prison authorities to give him medical care.
Kodopi himself has undergone serious abuse and torture since his detention without charges in 2009, when he was locked up inside a toilet in a police station for 40 days. He was freed the following year only after the intervention of the Chhattisgarh High Court responding to a habeas corpus petition. Facing continued threats from the police and the Maoists, he went to Delhi where he studied journalism for a year. During his time in Delhi, he spoke out against the atrocities committed by the police on the Adivasi communities. Soon after he graduated from his journalism program in April 2011, he returned to Chhattisgarh where police and paramilitary forces had burnt down the villages of Morpalli, Timmapuram and Tadmetla, killed three people and raped three women. He documented the scenes of these crimes and recorded video testimonies of the survivors .
The cases of Sori and Kodopi are not isolated. Especially (but not exclusively) in Chhattisgarh, thousands of other prisoners are known to be held for years on spurious charges. The draconian provisions of the Chhattisgarh Special Public Security Act and the Unlawful Activities (Prevention) Act enable the state police and other security officials to arrest and imprison anyone on dubious grounds, often to silence critical voices. Many of these prisoners are also known to undergo torture, sexual and other abuse at the hands of police and prison officials.
During her more than two years of incarceration, the Supreme Court of India has been the only institution from which Soni Sori has been able to get any judicial relief. We are hopeful, therefore, that this time too, the Supreme Court would decide in her and Kodopi’s favor and grant them bail. However, as we have pointed out many times and as corroborated by human rights organizations and groups such including PUCL, PUDR, Amnesty International and Human Rights Watch, Soni Sori and Lingaram Kodopi deserve to be free. Now bereft of their father, Sori’s three young children need to be urgently reunited with their mother. Therefore, we reiterate our demand that the Chhattisgarh government
- Drop all charges against Soni Sori and Lingaram Kodopi
- Compensate them for all the suffering and cruelty inflicted on them,
- Conduct an impartial and expeditious investigation of all the cases of prisoners in the state and release all those facing spurious charges, and
- Punish the police and other officials responsible for carrying out torture and for filing spurious cases against them.
 They dared to speak up, but that’s not done in Chhattisgarh, Tehelka, 30 June, 2012. http://www.tehelka.com/they-dared-to-speak-up-but-thats-not-done-in-dantewada/
 Activist Soni Sori gets bail in one more case. The Hindu, 31 May, 2012. http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/activist-soni-sori-gets-bail-in-one-more-case/article4767974.ece
 Soni Sori, Lingaram Kodopi denied bail by Chhattisgarh High Court, The Hindu, 8 July 2013. http://www.thehindu.com/news/national/other-states/soni-sori-lingaram-kodopi-denied-bail-by-chhattisgarh-high-court/article4895096.ece
 The Government will kill me, Tehelka, 7 April, 2012. http://www.tehelka.com/the-government-will-kill-me/
 Reading Soni Sori’s Letters from Prison: An International Women’s Day Video Montage. http://iadhri.wordpress.com/2012/04/27/reading-soni-soris-letters-from-prison-an-international-womens-day-video-montage/
 Soni Sori’s Husband, Anil Futane, Passes Away, Tehelka, 3 August, 2013. http://www.tehelka.com/soni-soris-husband-anil-futane-passes-away/
 The very right of living in this country has been snatched from me, Tehelka, 4 May, 2012. http://archive.tehelka.com/story_main52.asp?filename=Ws040512country.asp
Republic Day of India, 2013
Calls for investigation and punishment of police officials Garg and Kalluri and withdrawal of their presidential medals
On January 26th, 2013, India celebrates its 64th Republic Day. The anniversary of the Indian Constitution’s adoption is always a time for not just celebration, but for reflection; a time to take stock of how far the nation has come in securing, for all its citizens, justice, liberty and equality as enshrined in the Constitution.
Over the last month, the rape and subsequent death of a young woman in Delhi – a particularly brutal incident, yet only one in an endless series of similar crimes that are reported, month after month, if they are reported at all – triggered international shock and outrage. The incident served as a stark reminder that, decades after the adoption of the Constitution, the liberty to live our lives without fear remains unsecured. For women in many communities across the country, especially those on the economic and social margins, such as dalits and adivasis, this insecurity permeates the fabric of day to day life – sexual assault, violence, imprisonment and threats thereof are commonplace. In any discussion of the questions that the gang-rape in Delhi raises, it is to these women and to these communities that we must look: the truest measure of a society lies in how it treats those who have the least power. None of us is safer or freer than the most vulnerable among us.
In the last few weeks, there has been much discussion on how to make sure that survivors of rape and violence receive justice consistently and rapidly. It is worth remembering, as these discussions take place, the spectacular failure of our judiciary and democratic processes in delivering justice to Soni Sori, the adivasi school teacher and mother of three from Chhattisgarh who has been incarcerated since October 2011 . A year ago this January 26th, India awarded the Police Medal for Gallantry to an officer, SP Ankit Garg, despite compelling medical evidence that Sori was tortured and sexually assaulted while under his custody .
This is not an isolated case, but part of a pattern of such incidents. In a bizarre repetition of last year’s act of rewarding-the-perpetrator, the Government of India has decided to confer the President’s Police Medal for Meritorious Service this Republic Day, January 26th 2013, to Inspector General of Police S.R.P. Kalluri, who has well-documented rape accusations against him in Chhattisgarh [3, 4].
Sori’s petition in the Supreme Court as well as the cases in which Sori has been falsely charged have been subject to repeated delays. In the interim, neither the elected Government, nor independent bodies such as the National Human Rights Commission (NHRC) and the National Commission for Women (NCW), have instituted serious investigations into the indications that Sori was tortured- her fingers seem to have been blackened from electric shocks and doctors recovered stones that had been thrust into her vagina and rectum. Indeed, the NCW revealed last October that it had closed its inquiry into the case, and has remained silent since, apart from making an anodyne recommendation of providing psychological counseling to Sori . Although, on January 8th 2013, the Supreme Court granted Sori’s plea to be shifted to Jagdalpur jail, to be closer to her family , she remains in the custody of those who stand accused of torturing her.
Sori has spoken to a legal team of the humiliation and violence that she and other women prisoners are routinely subjected to. Besides this, jails in Chhattisgarh have an occupancy rate of around 256%, with 13,918 individuals incarcerated in space built to accommodate 5,430. The all-India rate is 110% . Between 2001-2010, an average of four individuals died each day in police custody .
What makes these statistics all the more disturbing is that a majority of those imprisoned are under-trials such as Sori, who have not been convicted of any crime. The prolonged detention of these individuals – often for years altogether, as their cases move sluggishly through the judicial system amounts to an unconstitutional deprivation of the liberty of lawfully innocent citizens.
Indeed, the state increasingly uses the process of trial as a punishment in itself, as in the case of Kartam Joga, a man who, for years, tirelessly sought accountability for human rights violations by state forces in Chhattisgarh. On January 7th, 2013, a trial court acquitted Joga of all of a panoply of fabricated charges ; an innocent man thus spent the past two and a half years of his life in jail. Lingaram Kodopi (Sori’s nephew), a 25-year old journalist who worked to document abuses by security forces, remains imprisoned, awaiting trial, even as local police officers have been recorded admitting that the charges against him are fabricated . Kodopi has also suffered custodial violence . Numerous others have been thus imprisoned on the weakest of grounds seemingly as punishment for criticising the state’s actions or for otherwise challenging local authorities. Although we welcome the release of Kartam Joga and others who have been put through similar ordeals, the state must cease its intimidation and harassment of those who seek to hold it accountable to its own people.
In the 2G spectrum case, the Supreme Court recently commented that “this court has time and again stated that bail is the rule and committal to jail an exception… The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty” . This is a sound and practical principle; we ask that it be invoked not only in the trials of the influential but also in the trials of the weak and marginalized.
If we are to continue to place our trust in the rights that the Constitution upholds and seeks to guarantee every citizen in India, if we are to address the deep-rooted issue of violence against women, then we must be able to ensure liberty and justice to those who are the most vulnerable in our societies. To that end, we demand:
Ensure a speedy, free and fair trials for Soni Sori and Lingaram Kodopi.
Conduct an independent and impartial investigation of incidents of sexual violence against women, including Soni Sori, committed by the police and other security forces; prosecute the responsible officers and impose exemplary punishment on those found guilty. Withdraw the Presidential Gallantry Awards given to Police Superintendent Ankit Garg and Inspector General of Police S.R.P. Kalluri.
Grant unconditional bail to undertrials from socially and economically marginalised communites, languishing in jails in Chhattisgarh and across India.
Ensure that all cases, particularly those against individuals from marginalised communities, are disposed of in a timely manner so that the process of securing justice is not a punishment in itself.
Constitute a grievance redressal mechanism for individuals who have been wrongly detained or subject to custodial violence.
International Alliance for the Defence of Human Rights in India (IADHRI)
 Tehelka: ‘The Inconvenient Truth Of Soni Sori’
 The Hindu: ‘Soni Sori case: HRW wants PM to order impartial probe on torture’
 Statement of protest and demand for withdrawal of Meritorious Service award to S.R.P. Kalluri
 Ledha Bai’s Statement Against S.R.P. Kalluri
Tehelka: ‘NCW first shuts, then reopens Soni Sori’s case’
 Press Trust of India: ‘SC allows Soni Sori to be shifted to Jagdalpur Central Jail’
National Crime Records Bureau: http://ncrb.nic.in/PSI-2011/TABLE-2.1.pdf
Tehelka: ‘Four custodial deaths daily over the last decade’
Amnesty International: ‘India frees prisoner of conscience Kartam Joga’
 Committee to Protect Journalists: ‘In India, imprisoned journalist’s plea for help’
 The Hindu: ‘‘Respect principle that punishment begins after conviction’’
Complaint (Parivaad) C.A. No. 624/09 [Number not clear]
Witness no. …1… for (panjiyan poorva saakshya) Deposition taken on the …..27-6-07……. day of ……. Witness’s apparent age …..22…… States on affirmation ……………. My name is ……….Mrs. Leda…….wife of Ramesh…… Occupation ….housewife… address …..Village Tarangava, Police Station Shankargarh, Distt. Sarguja Chhattisgarh……..
- This happened around one year ago. I am illiterate. I do not know the date. Israel used to come to our village. His mother also belonged to our Oraon tribe. His mother was from our village. Israel loved me and I became pregnant from him. The foetus got aborted after I was beaten in the village. He always promised to marry me in one or two months. Thus I became pregnant again. He got that pregnancy terminated also. When he did not meet for one month, I enquired about him and came to know that he had married a girl from his own tribe.
- When I called Israel and talked to him, Israel assured me that in his tribe, one can have a junior wife and a senior wife (chotki-badki) and that he will me after five months. I kept quiet for five months. After five months, I called Israel again. He told me that he would not keep me and I could go wherever I wanted. I returned to my father and told him that Israel would not marry me now. Then I went with my father to Shankargarh police station where Nasar Siddiqui was the thana-in-charge. Israel had already met him because of which Nasar Siddiqui did not register my report and threw us out of the thana. We returned to our home. A boy named Ramesh used to come to our village. He asked my father what Israel had done to his daughter (me). My father told him to inquire from his daughter (me) instead. Later my father arranged my meeting with Ramesh. Ramesh asked me about everything. So I had told Ramesh whatever Israel had said and done. Ramesh told me that he was in touch with the Naxalites and after talking to them, he would get me married to Israel. After this, Ramesh started coming to my home quite often. In the meantime, one day Ramesh asked my father why we were so keen on my marriage with Israel while Ramesh himself was also a tribal and my father should get his daughter (me) married to Ramesh. When Ramesh talked to me about marriage, I agreed to marry him. Then during sarnapuja, Vikram baba of the village got me and Ramesh married.
- After the wedding, Ramesh came with us to my parents’ home and stayed there for two-three days. Then he said that he was going in search of some employment and that when he found some work, he would come and take me with him. One month later, Brijesh Tiwari from Shankargarh police station came to our house and asked him to accompany him as sahib had called me to the police station. In the Shankargarh police station, the thana-in-charge Nasar Siddiqui said about me that I was a Naxalite and if I were not sent to jail, then I would surely file a case against Israel.
- Thereafter I was sent to jail. At that time, I was pregnant. My child is very weak. After eight months, when my delivery was due, I was granted bail. I delivered my child at home. After my delivery, when I appeared in the court for hearing, I was again sent to jail. After six months, the judgment was delivered in my case and the court acquitted me. When I released from the jail, my lawyer advised me that I should inform the Shankargarh police station about my release. After three days, I went to the Shankargarh police station with my father. When I went there, I met thana-in-charge Sapan Choudhary who asked me if I knew Ramesh. I said yes, he was my husband. He asked me what sort of work he was engaged in. I told him that he said that he worked as a labourer and did some farming also.
- Shankargarh thana-in-charge Sapan Choudhary told me that Ramesh was a Naxalite. Before this, I did not know that Ramesh was a Naxalite. Sapan Choudhary advised me that I should make Ramesh surrender before the police and that if he surrendered before them, the police would help him and the government will also give him some money. Otherwise, one day he would come and kill Ramesh in front of me in my house.
- After one month, Ramesh came to our home. I asked him if he was a Naxalite. He said yes. I told him that the thana-in-charge had suggested that I should ask him to surrender. If he was made to surrender then the government will give us money for our living expenses. Ramesh said that he would be coming next month on leave and then he would tell me about his decision. Next month, Ramesh came to Sivildag and informed me through the secretary that he had arrived. After receiving the information from the secretary that Ramesh had come to Sivildag, my father and I went to Shankargarh police station to inform them that Ramesh had come to surrender. At that time, Sapan Chaudhary, thana-in-charge, was not present at the police station; the other policemen were there. We told the police men that Ramesh had come to surrender. The policemen told us to sit, the senior officer will talk to the SP and tell us. Then the policemen told us to go back home and return to the police station at the crack of dawn the next day. Next morning, I went to the Shankargarh police station where I met Mr. Kalluri who told me that I was lying that Ramesh would surrender. I told him with folded hands that I was telling him the truth and that Ramesh had come to Sivildag for surrendering.
- Then I was taken in a police van from police station Shankargarh to police station Kusumi. More policemen joined us at police station Kusumi and from there all of us when to Kasamaar. At Kasamaar, all of us alighted from the van and walked on foot. From Kasamaar, we reached Sivildag on foot. On reaching Sivildag, Kalluri sahib asked that Ramesh be brought. Then Ramesh was brought. Then the policemen beat Ramesh with lathis (sticks). After beating Ramesh, Kalluri sahib interrogated Ramesh and after interrogation, he told Ramesh and me that we should go to the house of the secretary and discuss with each other. We were talking in the room. At that time Ramesh told me that “the bag hung on the peg contained (saade lakh) rupees. These police men are going to take me to jail, you should use that money for my bail etc.” (The witness starts crying at this point.) Brijesh Tiwari came in the meantime and shot at my husband Ramesh three times. When Brijesh Tiwari shot at my husband, I started crying loudly. Then the policemen dragged me out of the room. (The witness is crying.) The policemen told Kalluri sahib that they should kill me also. Then Kalluri said yes, kill her. Then the villagers present there opposed it. Then they took me to police station Shankargarh in a police van. I was imprisoned in police station Shankargarh. At night, Kalluri sahib came to police station Shankargarh and warned me not to speak about this to anyone. “We took pity on you because of your child and let you go. If you complain anywhere, we will shoot you.” They let me out at noon on the next day. It was Monday. It was the day of the weekly market in Shankargarh. When they let me out of of the police station then I wondered where to go. Thinking this, I went to Shankargarh market. There I met Shankar. He told me that the policemen had shot Ramesh dead. I already knew about. I went crying to my home in village Sarangava. After reaching home, I told my parents about the incident. My father asked me to stay at home for ten days and not go anywhere, because in our community (after a death in the family) no one goes out anywhere for ten days.
- After ten days, I came to Ambikapur and told my lawyer about the entire incident relating to my husband’s murder. Then my lawyer prepared a petition on my behalf and sent it to the Chief Minister. After filing the complaint, I started living in Ambikapur. I used to work in Suresh’s house as a house maid. When I returned to my village around the time of panchpujai dussehra, my parents informed me that the police was looking for me. After consulting my parents, I went to Chainpur to stay with my sister. The next day, policemen from the Shankargarh police station arrested my father and brought him to the police station. My aya (mother) sent a message to my sister’s house that the Shankargarh police had taken my father into custody. Then I returned home. I reached my home in the evening. Soon after, the policemen from Shankargarh police station came in three vans and took me to the Shankargarh police station. When I reached Shankargarh police station, I saw Kalluri sahib who, upon seeing me, asked if I knew who he was. Then I said, “You are Kalluri Sahib. I made my husband surrender before you and you got him shot.” Then Kalluri slapped me twice. I was carrying my daughter. I fell on the ground with my daughter. Kalluri asked me to take off my clothes. When I refused, two policemen twisted my father’s arms and made him stand up, and started beating him. They beat my father mercilessly. Then Brijesh Tiwari unfastened my saree and took off all the other garments. When I was resisting the taking off of my clothes, they started hitting my father forcefully. I took off my clothes. They completely stripped me. They stripped me. My child was wailing uncontrollably on the ground. Then Kalluri said, “Take her inside the room, I will interrogate her.” In my nude condition, they took me inside the room in the police station. Then Kalluri raped me inside the police station. He brought me outside after an hour and got green chillies shoved into my vagina. Before leaving the police station, Kalluri told the policemen to rape me everyday. In the Shankargarh police station, the policemen used to rape me everyday. Dhiraj Jaiswal came with the policemen three times to rape me and once Brijesh Tiwari raped me.
- For ten days, my father, my mother and I were detained in the police station. My mother was also taken to the Shankargarh police station the same day when I was also taken there. After ten days, they took us to Ramanujganj police station. In the Ramanujganj police station, they made us sign some papers on the threat of shooting us. After releasing us, they put four policemen on duty to keep a watch on me. Even when I went for relieving myself or taking a bath, the policemen would accompany me. On the occasion of Chherta, the said policemen went away to celebrate Chherta. They started drinking liquor. Then I ran away on foot and reached Rajpur. From there, I caught a bus to Ambikapur. As I reached Ambikapur at night, I stayed in a dharmshala (resthouse). In the morning, I went to my lawyer’s place. When I reached my lawyer’s place in the morning, his wife informed me that he had gone to Bilaspur. The lawyer’s wife told me that he would return after two days, so I waited for two days for him. I had no money, so I went to Suresh’s house where I used to work earlier and took Rs 200 from him to go to Bilaspur. When I was in jail, a lady had visited me who had given me her contact number to me. I searched for her in Bilaspur. I looked for her in the Bilaspur high court and I asked about her from a male lawyer. When he enquired, I told him about the whole incident. That lawyer said he will take up my case, so I got him to prepare my case and file it in the Honourable High Court.
- One week ago, some people from Delhi had come to ask me some questions, so I told them about the incident. I told the people from Delhi that I had not visited my village since I had filed the case. I want to go to my village. Please arrange for me to go to my village. They assured me that they will make arrangements for sending me to my village in one week. I have presented papers in this case.
25th January 2013
We, the undersigned, are appalled at the conferment of the President’s Police Medal for Meritorious Service to SRP Kalluri, IGP of Chhattisgarh. Mr Kalluri raped a tribal woman, Ledha Bai, when he was the SP of Sarguja District, ordered her gang-rape by his juniors, and then terrorized her and her lawyer when she decided to file a complaint against him. Coming on the heels of the award of the President’s Gallantry medal to Ankit Garg, who had sexually assaulted another tribal woman in his custody, Soni Sori, it appears that sexual violence against women by the police is well tolerated, and even decorated, by the government. Is it any wonder then, that we are witnessing a spiraling increase in crimes against women?
Ledha Bai is a tribal woman who was married to Ramesh Nagesia, a member of the CPI(Maoists). Under advice from the police, she convinced her husband to surrender himself to the police. But, the police team, lead by the then-SP of Sarguja, Mr. SRP Kalluri, went to the pre-assigned meeting place and shot the unarmed Ramesh Nagesia dead, in front of his wife Ledha. Ledha was allowed to live, but with the caveat that she would not tell anyone about this episode. However, a few days later, Ledha, her 2 year old child and her parents were rounded up and taken to the police station. There, Ledha was stripped and raped by Mr. Kalluri, and green chillies were inserted into her vagina in front of her parents and daughter. Under orders from Mr Kalluri, SPO Dhiraj Jaiswal and others gangraped her in police custody for about 10 days. All this has been documented by several fact-finding teams and was also corroborated by Ledha’s statement in front of a magistrate.
When Ledha tried to lodge a complaint against Mr. Kalluri, she and her father were intimidated to the extent that they had to withdraw the complaint, and instead, false charges were filed against the lawyer who had helped her file the complaint.
Mr. Kalluri is well-known for the reign of terror he let loose in Sarguja district as its SP, under the pretext of fighting Maoists. Extra-judicial killings were frequent, such as the one of Narayan Khairwar, and anyone who raised a voice against this was victimized. Even a Rozgar Yatra led by the eminent economist Jean Dreze was subjected to a lathi-charge, on account of being constituted of suspected Maoists.
Later on, Mr. Kalluri was transferred to Dantewada as Senior Superintendent of Police. His authoritarian rule continued there, and activists and ordinary tribals were subjected to endless harassment under his orders. Himanshu Kumar, a well-known Gandhian activist opposing Salwa Judum, had his ashram demolished and was forced to flee from Dantewada. Mr. Kalluri held a press conference announcing the well-respected international organizations such as the International Committee of the Red Cross and Doctors without Borders, were helping Maoists. In another press conference, he announced that Lingaram Kodopi, a 20 year old journalism student in NOIDA who had addressed public meetings in Delhi talking about the reign of terror in Dantewada under Salwa Judum and Operation Green Hunt, was in fact a spokesperson for the CPI(Maoist) and had masterminded a Naxalite attack in Dantewada while sitting in Delhi. Linga’s aunt, Soni Sodi, another outspoken tribal woman, was harassed by having multiple false cases lodged against her, and her husband arrested in another false case. Any tribal activist, other than those working for the ruling party, were arrested and thrown into jail. Consequently, CPI was forced to write a letter of protest to the Prime Minister, complaining of the witch hunt of their party workers under Mr. Kalluri’s reign, more than a dozen of whom were arrested and many of whom still continue to languish in jail. Kartam Joga, an elected Janpad member of the CPI, who had filed a writ petition in the Supreme Court against Salwa Judum, was similarly picked up on spurious charges and has just been released after 29 months in prison.
In March 2011, SPOs torched three villages in Dantewada district. As Swami Agnivesh was attempting to deliver relief to these villages, police sealed off these areas and attacked the convoy along with Swami ji and accompanying journalists. The uproar created in the wake of this incident forced the Chhattisgarh government to transfer Mr. Kalluri out of this area.
In view of these crimes committed by Mr. Kalluri, we are unable to understand what constitutes meritorious service in the eyes of our government. We demand that the medal be immediately withdrawn.
Signed by -
Shabnam Hashmi, Social Activist
Sudha Bharadwaj, Advocate
Shalini Gera, Activist
Nandini Sundar, Academic
Himanshu Kumar, Gandhian activist
Bela Bhatia, Academic
Vrinda Grover, Advocate
Ram Punyani, Scientist and Activist
Mansi Sharma, Activist
Naish Hasan, Activist, Lucknow
Sheba George, Activist, Gujarat
Mahtab Alam, Activist and Journalist
Manisha Sethi, Activist-Academician
Sanghamitra Misra, Activist-Academician
Syed Zafar Mehdi, Journalist
Dr. John Dayal, All India Christian Council & Member, National Integration Council, GoI
Ahmed Sohaib, Activist-Academician
Aslam Khan, Activist, Delhi
Kavita Srivastava, PUCL
Navaid Hamid, member, Member, National Integration Council, GoI
S R Darapuri, former DGP Police
Annie Raja, National Federation of Indian Women
Zakia Soman, Bhartiya Muslim Mahila Andolan
Zulaikha Zabeen, Journalist, Raipur
Sucheta De, AISA
Asad Zaidi, Three Essays Collective
Vinay Bhatt, Activist
Shaheen Nazar, Senior Journalist
Harsh Dobhal, Human Rights Law Network (HRLN)
Kavita Krishnan, All India Progressive Women Association (AIPWA)
Reena Philipm, Activist, Kerala
Reny Ayline, NCHRO
Purva Bhardwaj, Activist and Researcher
Prof. Apoorvanand, Delhi University
Kumar Sundaram, CNDP
Lateef Mohd Khan, CLMC, Hyderabad
Jay N Jayram, Researcher and Journalist
Seema Mustafa, Senior Journalist
Dilip Simeon, Academician
Aijaz Zaka Syed, Writer and Columnist
Prakash K Ray, Researcher
Irshadul Haque, Editor, Naukarshahi.in
Iftikhar Gilani, Senior Journalist
Seela Mahapatra & Madhuresh Kumar, NAPM
Jawed Naqvi, Senior Journalist
Vineet Tiwari, Gen Sec, M P PWA
Meera Ahmed, University of Delhi
1. Fact finding report on Ledha’s custodial rape http://www.hrsolidarity.net/mainfile.php/2006vol16no02/2491/
2. Affidavit filed by Swami Agnivesh in Supreme Court http://www.swamiagnivesh.com/SwamiAgniveshaffidavit.doc.pdf
3. Account of attack on Jean Dreze and Rozgar Yatra http://www.frontlineonnet.com/fl2213/stories/20050701006013300.htm
4. Letter from CPI to the PM http://articles.economictimes.indiatimes.com/2010-07-17/news/28409499_1_cpi-general-secretary-maoists-s-r-p-kalluri
On the 10th of October, 2012, around a hundred women and student activists stormed the NCW office on Delhi’s Deen Dayal Upadhayay Marg, protesting against its year-long inaction.
More information available here.
I have never deceived my homeland. I never overlooked the questions raised by the Jharkand people. The flowing water of the Koyal, Karo and Chata rivers is a witness to this. I learnt to write with my fingers in the mud and sand of this land. On the banks of the river Karo, while grazing my sheep, I learnt to bathe and swim. The shade of grass and trees covered with dew filled in the sky, gave me love; how can I sell this? How couldn’t I make the pain and suffering of the society which taught me how to live, a part of myself?
To protect the interests and rights of these people is our (everyone’s) responsibility. And I think this is the only way for the persons who try to fulfill this responsibility. Only dangers and troubles are written in their fate, this is the reality of life. I tried to tell the government that their system is not fulfilling its responsibility towards its citizens.
When the villagers of Anagda took out a rally demanding job cards under the Mahatma Gandhi National Rural Employment Gaurantee Act (MGNREGA), which was started to prevent the migration of people from rural areas by providing them work for 100 days, a case was lodged against them. Many of my friends were present in that rally. The MGNREGA scam is clear before everyone. The truth is that the poor rural people did not get anything except that they were declared as culprits.
Then I was put in jail. Violating the laws of the land, the government was forcefully acquiring 227 acres of agricultural land from the villagers of Nagdi. I tried to tell the government that they are doing a wrong thing. On the basis of law and human values, I asked them to leave the agricultural land alone. You are welcome to build the Law College and IIM on an infertile and unproductive land, I said. My crime was this, because of which four of my people were already behind bars, many lost their hands and today I am behind bars. Today, looters of the state have become well wishers in the sight of the government and its institutions. On one hand, the exploiters of state’s resources and human rights violators are being given protection by the government, and on the other hand the sons and daughters who are the well wishers of the land are being declared as criminals. Every well wisher of the country is being treated in the same manner as Birsa Munda, who was termed as a criminal when he fought for the people.
What is right and what is wrong I am not able to understand. But I Know this much that I have turned into a stone today. The whole world is sleeping. It is 1’o clock in the night and the captives are sleeping in the women’s ward of Birsa Munda Central Jail. I am sitting alone. I have never kept myself away from the pain and suffering of others, whether it be day or night. Even the darkness of the night could not stop me from wiping the tears of others, but today my legs have been tied. Every hand which used to wipe another’s tear, has been chained. My sister-in-law’s dead body is lying in my house, my family is engulfed with fear and I am lying in the jail both helpless and speechless. I cannot shed tears even though I have tearful eyes. Today, on 6 November 2012, I have to go to the court. I have a feeling that a new case will be lodged against me, for which I will be taken into custody or be remanded or a production warrant will be issued against me. I am losing trust on trust itself.
I thank all my friends, near and dear, who have extended their support to me in this time of sorrow. All my jail inmates are persuading me to fight this battle from outside the walls of this jail. I will try my best to be as steadfast as the mountains, rivers and forests which stand firm in the villages and towns, elevating the voice of this struggle. We will not give even an inch of our ancestral land. We hope that this moment will not be the end of our lives because until the streams of Koyal, Karo and Chata continue to flow, we will fight this battle.
(This letter was written to Faisal Anurag and was also first published in the Hindi Newspaper ‘Prabhat Khabar’)
New Delhi, Nov 1 (IANS) Condemning the arrest of woman tribal-activist and journalist Dayamani Barla in Jharkhand, rights activists here Thursday demanded that the “false cases” against her be dropped and that she be immediately released.
Members of Indian and international organisations said the reason for this incarceration is to intimidate Barla, who is one of the leaders of the peaceful struggle of people against the acquisition of fertile land at Nagri, a village situated near Ranchi for setting up a law university and an Indian Institute of Management (IIM).
The members of Association for India’s Development, Chhattisgarh Mukti Morcha, People’s Union for Civil Liberties, International Alliance for the Defence of Human Rights in India and others demanded her release.
“As per some estimates, at least 500 tribal families will be displaced and their livelihoods will be destroyed if the land is acquired for the said institutions. In January, the state bulldozed farms just when the winter crops, mostly potatoes and pulses, were to be harvested,” the groups said in a joint statement.
“We find the Jharkhand government indifferent and (their) unjust response to this peaceful struggle appalling. We support these institutions in the state but not at the cost of the main source of villagers’ livelihood,” they said.
Barla was granted bail by a local court in Ranchi Oct 18, in a case related to a protest held in 2006 demanding job cards for rural labourers under the Rural Employment Guarantee Act.
However, on the day that she was supposed to be released (Oct 19), jail authorities announced that she had been re-arrested on a second warrant, for “obstructing government work”.
“She was denied bail on Oct 29 and remains imprisoned. We demand her immediate release,” the activists said.