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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. https://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’’
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.
Today afternoon, activists from women’s groups and several peoples’ organisations stormed the National Commission for Women (NCW), protesting against the continued inaction for an year in the Soni Sori case. It has been one year since the arrest of 36-year old Soni Sori, an adivasi school warden from Dantewada, Chhattisgarh, and her custodial torture at the behest of the then SP of Dantewada, Ankit Garg. Soni Sori’s right to life and dignity have been violated by various jail and police authorities several times over – from foisting false cases against her, sexually torturing and humiliating her in the police station, denying her medical attention, and most recently, humiliating her by publicly stripping her in prison in the name of conducting physical search. It is also one year since women’s groups first met the NCW to seek their intervention.
Since the first meeting last year, these organizations have approached the NCW on several occasions to take steps against Soni Sori’s custodial torture and continuing ill treatment. Every single instance of illegality by police and jail authorities was brought to the attention of the NCW. Soni Sori herself wrote to the NCW seeking their help. But all this has fallen on deaf ears.
On 27 September 2012, when the NCW was once again approached regarding this case by representatives of some women’s organisations, Hemlata Kheria, the Member-in-Charge of Chhattisgarh was not even aware of SoniSori’s case. It took two hours for her file to be dug out, and it was then discovered that a reply of the Chhattisgarh police had been lying in the NCW office since 17 February. The NCW has neither taken cognizance of this reply, nor forwarded it to the complainants.
Today, to the shock and consternation of the protesting organizations, they were informed by another member secretary Charu Walikhanna that the Soni Sori case had been closed on 4 Oct 2012, that too once more without informing the complainants! Clearly, the NCW had satisfied itself by reading a “report” by the accused in the case, the Chhattisgarh Police. The closure report says, “at our end, nothing seems more to be done”. Various members of the NCW came up with frivolous excuses of not having the “power” to take up a case which is pending before a court. The activists were then forced to read out the provisions of the NCW Act, which give the commission the power to intervene or/and assist in any pending case.
After prolonged discussion, the NCW finally relented and has reopened the case. Also, the NCW has given in writing that within a week it will “consider intervention in the Supreme Court case” and carry out a fact-finding.
NCW has frequently denied reports of sexual violence by security forces in several parts of the country, instead of seeking to investigate and end impunity granted in such crimes. It’s apathy has been criminal – it refused to get involved in the Shopian case where Nilofer and Aasiya Jan were sexually assaulted and killed; it remained a mute spectator when the Chhattisgarh police whisked away Sodi Shambho, the crucial witness to Gompad massacre, from right under its nose in New Delhi to some place where she still remains untraced three years later; it is still to take any action on a 15-month old petition asking the NCW to investigate the human rights violation of Irom Sharmila, who is being illegally detained by the Government.
The protesting groups today also pointed out that Members and Chairpersons of the NCW are chosen not by virtue of their involvement in and championship of women’s rights and struggles, but by their participation in and patronage by the ruling political parties.
“ANYTHING BUT THE TRUTH”
We are deeply shocked and dismayed at Ashutosh Bhardwaj’s (AB) report “Soni’s Story” published in the Sunday Express on 5th August. The reporter has not bothered to cross-check any of the “facts” given to him by his unnamed sources, and relies entirely on innuendo and unproven assertions to discredit a woman who is currently imprisoned and in no position to clarify and defend herself. AB employs dubious techniques to gain access to sensitive information, yet ends up completely missing out on the real story unfolding in Dantewada, where a dysfunctional criminal justice system, coupled with a vicious law enforcement machinery, is criminalizing an entire community and generation of adivasis.
The reporter takes great pains to cast doubts over Soni Sori’s claims of custodial sexual torture at the hands of Chhattisgarh police. And this is done without having talked to the victim herself.
1) First, he suggests that the X-ray images taken in Chhattisgarh hospitals right after her torture show that there were no stones in her vagina or rectum. It should be noted that the State of Chhattisgarh itself makes far more modest claims in its defense before the Supreme Court than these clumsy ones made by AB. Quoting the Head of the Radio-diagnosis of the Raipur Hospital where these tests were conducted, the State has admitted before the apex court that “In the CT scan, the vaginal part is not included…” All the Chhattisgarh state has claimed in court is that “No foreign body is visible for the part of the rectum for which the CT scan was done.” [Annexure 5, Submission on behalf of the Respondent State of Chhattisgarh in Writ Petition 206 of 2011, Supreme Court of India]. Elementary knowledge of human anatomy would suffice to illustrate that CT spinal scans do not cover the majority of the rectum; they leave out the lower rectum.
2) AB deliberately downplays the horror of the discovery of stones in Ms. Sori’s private parts by the NRS Hospital in Kolkata by suggesting that the report sent by the hospital, described as “four-page confidential report, a copy of which is with The Sunday Express,” does not confirm torture charges. It may interest AB to know that hospital did not file a 4-page report, but a 39-page report, which was made available to Ms. Sori’s lawyers by the Supreme Court. Which 4 pages of this report were read by AB is impossible to guess, but his conclusion that the hospital did not confirm the torture charges is absurd. The medical board not only conducted a thorough gynecological and rectal examination – the first since Soni Sori was taken into police custody – but uncovered physical evidence in the form of stones from her private parts, which were physically sent to the Supreme Court along with the report. Shoving of stones into one’s private parts may not conform to Mr. Bhardwaj’s definition of “torture”, but it does seem to satisfy the Supreme Court of India.
3) Mr. Bhardwaj then seeks to discredit the Kolkata hospital’s report further by suggesting that even the Supreme Court entertains doubts about the accuracy of this report, and hence has ordered Soni Sori’s re-examination at AIIMS. Again, if he had only bothered to read the Supreme Court order of 2nd May 2012, publicly available on its website, he would have easily learned that the examination and treatment at AIIMS was ordered by the apex court to provide Soni Sori with medical treatment that was deliberately being withheld from her by the Chhattisgarh authorities. It was not at all to “re-examine” the torture evidence. In any case, what medical evidence of torture does AB imagine would still be present in the body eight months after the incident?! The problems of abnormal vaginal discharge and other associated gynecological, urological problems, raised by a private practitioner whom AB has talked to, which AB insinuates in his article as being mysteriously absent, have all been painstakingly documented before the Supreme Court, if only Mr. Bhardwaj had bothered to acquaint himself with the documents of this case. In fact, it was on the basis of these that urgent medical treatment was being repeatedly requested by Ms. Soni’s counsel in three different interim applications to the Supreme Court, and it is this prayer of Ms. Sori’s counsel which the Supreme Court answered in its May 2nd order.
4) What is perhaps most distasteful in the report is the zeal with which AB attacks the authenticity of Soni’s letters from prison. Again, he has no tangible argument to show any kind of discrepancy, and indeed, even the State of Chhattisgarh has not challenged the authenticity of these letters filed before the Supreme Court. When AB confronts Soni herself with these letters, she also affirms that she is indeed sending them from prison. Undeterred, AB tells the reader that he is unable confirm that these letters are indeed in Soni Sori’s handwriting, and he cannot find how they are being sent from prison. One wonders whether this has more to do with Mr. Bhardwaj’s competence as an investigative journalist, rather than the authenticity of letters. For instance, did he try to get a handwriting sample of Soni to compare the various letters? Did he know that on 5/10/2011, the day after being arrested in Delhi, Soni Sori had submitted IN PERSON a handwritten letter to the Saket Courts, which is now an integral part of the court record and a public document, which can be easily used for the purpose of comparing handwritings? If AB had only bothered to do some primary research, maybe his investigative abilities would have improved dramatically. Further, it is unclear why he expects either Soni or anyone else to give him specific information about how the letters are being sent to Delhi. Does he not know what happened to Dr. Binayak Sen charged with similar allegations of carrying letters for an alleged Naxalite?
Questionable Ethics of this “Journalism of Courage”
It has been brought to our notice that in his zeal to find out how these letters are being sent from the prison, AB accosted her young children and badgered them to find out whether they could recognize Soni’s handwriting in the letters, whether Soni was passing off the letters to them when they visited her, and whether they knew how she was sending these letters to Delhi. AB never once approached either Soni’s lawyers in Delhi, or any of the doctors who examined her, or the women’s rights and civil liberties activists, who he insinuates are “using her” (to what ends and purpose only he can shed light on). Instead, he tried to obtain sensitive information out of children, clearly violating all ethical boundaries of “investigative journalism”. Considering that the youngest of Soni’s children is only 6 years old, we strongly protest at this highly questionable and rather “courageous” way of trying to elicit information from children about their mother.
It is common knowledge that most instances of custodial torture, especially sexual torture, go unpunished and unrecorded simply because it is nearly impossible to establish the claims. This is what makes it all the more shameful for The Sunday Express to go out of its way to discredit the one solitary instance of brutal torture that has actually been corroborated by hard, incontrovertible medical evidence – by employing the dubious techniques of innuendos and mis-statement of facts. By questioning the sexual torture claims, this report ends up giving credence to the similar line of arguments of the State. Is it really that difficult for IE’s editors and journalists to understand why an imprisoned adivasi woman, from a conflict-ridden region, whose husband and nephew are also imprisoned by the police, and who has herself been threatened with even more dire consequences to her family, may take a few days to overcome her fear and the trauma of her brutal sexual torture, and only then be able to talk of the gory details?
While appalling factual inaccuracies and selective presenting of pieces information does great damage to the reporter’s credibility, what is perhaps most worrisome and reprehensible in this story is the story he chooses to ignore, to not to report on.
AB mentions in an off-hand manner that there is evidence to show that neither Soni, nor her husband (who has been in jail for over two years now) were involved in the attack on Mr. Avadhesh Gautam’s house, in which both of them are charged. He also reports that even the police admit that the other cases against Soni (eight of them altogether) are all false cases. But then does not highlight or discuss the grave implications of this explosive piece of information.
He probably knows that the FIR lodged by Mr. Avadhesh Gautam after the attack on his house, in which he named Soni and her husband, also named 65 other adivasis of the local villages. As in the case of Soni and her husband, it is open knowledge in the villages that the other 65 names are also figments of someone’s overactive imagination. Yet dozens of them continue to be in jail even today, as their trial drags on endlessly and they are unable to obtain bail. But somehow, AB, in possession of all these facts, could not be bothered less in reporting on this epidemic of coerced criminality that seems to be sweeping across the adivasi belt.
AB also fails to inform the readers that in this case, the reason why so many adivasis are languishing in jail in an admittedly fabricated case is that for over a year Mr. Avadhesh Gautam, the main complainant, has not answered his summons to appear in court to give testimony. For over a year, the court has been making (half-hearted) attempts to get him to come so that the trial can proceed. But for over a year, the deliverer of summons simply cannot find Avadhesh Gautam in the village. But Avadhesh Gautam is not in hiding– he lives in his house, attends to his business, everyone in the village knows his whereabouts, and even AB had no problem nailing him down for this story. Only the court cannot seem to find him to deliver summons to him.
But this does not seem to bother Mr. Bhardwaj. In his enthusiasm to get Mr. Gautam’s opinion on Ms. Sori’s character, he conveniently lays aside the *real* story–that so many adivasis continue to languish in jail for over two years simply because Mr Gautam cannot take the trouble to appear in the court to give his testimony, What makes Mr. Avadhesh Gautam, who has admittedly falsely implicated Soni and her family in a criminal case, the ideal person to provide insights into Ms. Soni’s condition escapes us. But what is even more distressing is that AB does not find it worthwhile to investigate why a whole generation of adivasis is being put behind bars on the basis of such false cases, why it is taking years and their entire family’s savings to get them out. Instead, his way of “responsible journalism” leads him to cast aspersions and doubts on the custodial torture of one woman, who has dared to question this dismal state of affairs in a constitutional democracy, and on the concerns being raised by democratic rights activists.
Indira, Kalpana, Kavita S, NIdhi, Vani, on behalf of Saheli and WSS