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Activist Soni Sori granted permanent bail by Supreme Court; allowed to visit Chhattisgarh

Tribal school teacher Soni Sori who was accused of helping maoists was granted permanent bail by Supreme Court. She can visit Chhattisgarh again, after removal of an earlier restraint order put against her. 

Soni, who hails from Dantewada was arrested by the Delhi Police crime branch on behalf of the Chhattisgarh police in 2011. 

During her imprisonment, she has claimed, that she tortured and sexually assaulted by Chhattisgarh police. By April 2013, the apex court acquitted her in six of the eight cases against her due to lack of any substantial evidence. 

The first arrest warrants against Sori, her husband and nephew were issued in 2010 for allegedly attacking Congress leader Avdesh Gautam who escaped unhurt. 

“Giving electric shocks, stripping me naked, shoving stones inside me – is this going to solve the Naxal problem,” she had once asked in a letter to the Supreme Court.

In her many letters, Sori complained of bad health and being denied sustenance.

Human rights activists insisted that Sori was jailed for questioning violations of law by the police and security forces in the state.

 

The case so far: 
On 9 September 2011, Chhattisgarh Police stated that they had prevented an exchange of extortion money from the Essar Group to the Maoist group CPI (Maoist). 

Earlier, WikiLeaks had also revealed that the Essar Group pays a significant amount of protection money to Maoists to safeguard its operations in the state.

Despite Soni Sori’s statement to a court that she feared for her safety, she was transferred to the custody of Chhattisgarh state police in Dantewada. She was then interrogated on October 8 and 9, during which time she alleges that she was stripped naked and tortured with electric shocks at the orders of then-district police superintendent Ankit Garg.

On January 8, 2013, Supreme Court of India allowed Sori’s request for shifting from the Raipur Central Jail to the Jagdalpur Jail. Court recorded that she had been shifted to the Raipur

Central Jail on her own request. Sori had complained of sexual harassment from jail officials at the Raipur prison. 

The Chhattisgarh government submitted to the Supreme Court of India that the entire allegation was being orchestrated by certain vested interests to malign the Chhattisgarh Police.

In January 2012, Human Rights Watch called on Prime Minister Manmohan Singh to launch an independent probe, criticising the failure of the Chhattisgarh government to begin an investigation and the lack of inquiries by the national government. 

Amnesty International stated that it considered Sori a prisoner of conscience, imprisoned for her critique of human rights violations by both Maoist rebels and Indian state forces. On International Women’s Day 2012 (March 8), it launched a campaign calling for her unconditional release and an investigation into her torture allegations

A group of 250 activists and intellectuals wrote to Prime Minister Singh on April 30 expressing concern over Sori’s “rapidly deteriorating” condition in prison and demanding that she receive immediate medical attention. 

After being refused by the All India Institute of Medical Sciences the previous day, Sori was later admitted to the hospital on May 10 for treatment. She was found to be suffering from severe blisters in her genital area, and a government inquiry was instituted to learn why the hospital had initially refused her.

 

http://www.dnaindia.com/india/report-activist-soni-sori-granted-permanent-bail-by-supreme-court-allowed-to-visit-chhattisgarh-1959950

Dayamani Barla’s letter from Birsa Munda jail (English Translation)

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.

Your Sister,

Dayamani Barla

(This letter was written to Faisal Anurag and was also first published in the Hindi Newspaper ‘Prabhat Khabar’)

Indian and International Organisations Condemn The Unjust Arrest of Activist Dayamani Barla

We, the undersigned organisations, strongly condemn the unjust incarceration of journalist and human rights activist Dayamani Barla, and demand that the false cases against her be dropped and that she be released immediately. Barla was granted bail by a local court in Ranchi on October 18th, in a case related to a protest held on 25th April, 2006, demanding job cards for rural laborers under the Rural Employment Guarantee Act. However, on the day that she was supposed to be released, jail authorities announced that she had been re-arrested on a second warrant, for “obstructing government work” [1]. We learnt that on October 29th, Barla was denied bail and remains imprisoned.
We believe the reason for this incarceration is to intimidate Dayamani Barla, who is one of the leaders of the peaceful and resolute struggle of villagers against the acquisition of fertile land at Nagri, a village situated at few kilometers from the state capital, where the government wants to build IIM, IIT and National Law School campuses. As per some estimates, at least 500 tribal families will be displaced and their livelihoods will be destroyed if the land is acquired for said institutions [2], In January, the state bulldozed farms just when the winter crops, mostly potatoes and pulses, were to be harvested. Following that, the police filed FIRs against 12 villagers [3]. We find the Government of Jharkhand’s indifferent and unjust response to this peaceful struggle appalling- some of the protesters have even expressed support for the institutions to be built, just not at the cost of the main source of villagers’ livelihood [4].
Dayamani Barla is one of the leading anti-displacement activists fighting illegal land-grab by by corporations and the government alike in various parts of Jharkhand and other parts of India.  Known as the “Iron Lady of Jharkhand,” she is one of the national conveners of the National Alliance of People’s Movements (NAPM), along with Medha Patkar and others and an Executive Committee Member of the India Social Action Forum (INSAF). She is also one of the leading voices of the Adivasi community.
Sincerely,
Noam Chomsky
Aruna Roy
Nikhil Dey
Navikiran Singh – General Secretary – Lawyers for Human Rights International – www.lfhri.org
Subhash Lomte  – State President,Samajwadi Janparishad and National Convenor , National Campaign Committee for Rural Workers
J. Prasant CMI, Member, NAPM, Kerala.
AP DOMESTIC WORKERS WELFARE TRUST
AP STATE DOMESTIC WORKERS UNION
Dr. Amarjit Singh
Association for India’s Development
ASATA
Chhattisgarh Mukti Morcha (Mazdoor Karyakarta Committee)
Fabricated.in 
India Friends Association
Indian Social Action Forum
International Alliance for the Defense of Human Rights in India
Jharkhand Vigyan Manch
Manthan Samayiki
Mazdoor Kisan Shakti Sangathan
Mining Zone People Solidarity Group
Moving Republic, Bangalore
Our Developing World
People’s Solidarity Concerns, Bangalore
PUCL, Chhattisgarh
ViBGYOR Film Collective, Thrissur

 

Rejoinder by Saheli & WSS on the Story on Soni Sori by Indian Express

Original Indian Express Story on Aug 5th, 2012

“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.

Factual Inaccuracies

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?

(Ir)Responsible Journalism?

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

11.08.12

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