Monthly Bulletin

Two Years of Deception by Mamata Banerjee

August 20 13 201
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Protest rally against recent rape and murder cases at Kumduni, Baarasat, Gaide, Kharjuna, Ranitala, in West Bengal. Association for Protection of Democratic Rights (APDR, West Bengal) along with other civil society organisations, was one of the main initiator to lead this protest in Kolkata in July 2013. Two years has passed since Mamata Banerjee Government sworn in power on 20th May 2011. All most all the promises she and her Party, the Trinamool Congress (TMC), made before the Assembly election has already been thrown into the Ganga. Her promise of a Government with a human face and rule of law seems a cruel joke now. Every passing day the Mamata Government is alienating itself from the masses by its misdeeds and taking more and more undemocratic and authoritarian steps to cover it up and thus alienating itself further. It was Mamatas election pledge that she will release political prisoners if she comes to power. But not a single political prisoner has been released so far, rather during the last two years more than 200 political workers has been arrested and thrown into jail by her government swelling the number of political prisoners in the state. They are mostly Maoists and their followers

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Statements on Ramban Firing by BSF

Protest against Ramban Firing by BSF

On the appeal of Save Sharmila Campaign and Mission Bhartiyam, a protest was organised against the Ramban Massacre by BSF that claimed 6 lives and injured 44 others at the Jantar Mantar in New Delhi. Youth from many organizations joined the protest. Save Sharmila Solidarity Campaign is a nation-wide campaign in support of Irom Sharmila and for the repeal of the draconian law of AFSPA. For two years, it has been working to spread awareness, mobilise support and generate political pressure to repeal the law. It is an umbrella of many civil society organisations. The protest was joined and supported by many progressive groups namely AISA, Campus Front of India, Jamia Teachers Solidarity Association, NCHRO, PUCL, J&K RTI and PUDR among several others. The BSF had opened fired on a mob that was protesting against the alleged manhandling by BSF personnel of a local imam, followed by the reported desecration of the Holy Quran the previous night. The following morning, a group of protestors had reached a BSF post in Gool in Ramban district and they were responded with a massacre. The organisers believe that this shameful and unacceptable incident called Ramban massacre is, however, not a sudden reaction to the protest.

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from the districts of Junglemahal , Nadia, Murshidabad and Birbhum . Mamata Banerjee in her press briefings regularly announce that she kept her promise and has released 50 political prisoners. This is a conscious misrepresentation of facts. The fact is that 50 political prisoners from North Bengal comprising Kamtapur Liberation Organisation (KLO) and Greater Kuchbehar movement had got bail from the High Court during this two years. They only got bail, their cases are not withdrawn, rather the cases are contested by the Government. Recently APDR received complaints that Mamata Government too like its predecessor started repression on KLO activists again like that she did in Junglemahal. It will be unfair if it is not mentioned that thousands of political activists who are out in bail through normal judicial process expected that the Government of Paribartan will withdraw their cases as it was also a election pledge of the TMC before the Assembly election. But a few cases of TMC activists from Nadia and Birbhum are withdrawn and District Magistrates and Public Prosecutors are directed to withdraw all other cases of TMC activists only. A few cases from Nandigram are also withdrawn. But Maoist prisoners from Nandigram related with these cases are not released since they are implicated in several other cases. Cases from Singur are not withdrawn yet though TMC leaders of Singur movement are Ministers in Mamata Cabinet. During these two years two political prisoners named Ranjit Murmu and Tarun Ghosh died in Jail practically without any treatment. Mamatas pledge of withdrawal of UAPA cases of political prisoners proved false, rather her Government has been using UAPA in many of the cases. Mass movement activists from

AUGUST 2013 CONTENTS

Two Years of Deception by Mamata Banerjee, 1 Tapas Chakraborty 1 Statements on Ramban Firing by BSF Condemn the Gruesome Murder of Ganti 5 Prasadam, CDRO 6 One Step Forward with Uncertainties Ahead, CDRO 7 Updates on Maruti Suzuki Workers Struggle 10 PUCL Asks SC to Declare AFSPA Against Statute 10 Kashmir Has No Faith in Govt Probes, JKCCS Letter to NHRC Seeking Interventions on the Police 11 Firing at Keredari, Jharkhand, Delhi Forum West Bengal KNS Statement Condemning the Detention and Harassment of Political Activists in 12 Belghoria 13 Manipur: Forest Clearance Rejection Hailed David versus Goliath: Battle of Niyamgiri, 14 Cijo Joy Fighting for the Justice for the Victims of Kunan Pospora 15 Behniwal Encounter: Another Cold Blooded Murder, 16 AFDR Kolkata had to experience jail One special feature that should be custody for 5/7/10 days for noted by all that this STF is also organizing local movements of involved in Kidnapping political partial demands like Nonadanga activists, a practice adopted during movement.Non-bailable cases are the left regime. Recently on 15th filed even in small protest meetings. April STF of Kolkata Police Even APDR leaders are not spared - kidnapped an activist named Zakhir a rioting and unlawful assembly case Hussein from Kolkatas Esplanade has been filed against them. Police area. No one knew that Zakhir was even issued chargesheet against in police custody- not his family, APDR leaders and showing them as friends or comrades. On 19th April absconders. On the contrary the fact Police declared that they arrested is that APDR leaders were hardly two Maoists , Zakhir Hussein and aware or informed of these cases Sabyasachi Goswami, on previous against them. night. According police version both The erstwhile special task were arrested from Behala. But the force (STF) of Kolkata Police fact is that Sabyasachi was arrested created by Bhudhadeb Bhattacharya from Piyali of South 24 Parganas (CPM) Government has been district. As usual police claimed that transformed to a full-fledged thana this two were reorganizing the by the Mamata Government. It has Maoist activists and they captured already received attention of rights the Maoists with arms and workers for its notorious activities. ammunitions. They are charged with

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sedition and other crimes. This STF earlier kidnapped a Maoist Ramakrishnan from Kolkatas College Street. But as he threw his Mobile out of the car and police came back to collect it a hue and cry developed in the area which was reported in the TV media forcing STF ultimately to announce that it was they who captured a dreaded Maoist in college street. In the court on 19th April Zakhir Hussein unfolded the heinous crimes of STF by showing the lower court Judge how brutally he was tortured in the police custody and by informing how and when he was kidnapped by STF and kept in illegal detention without informing any of his relatives or friends. Sabyasachi too complained that though he was suffering heavily from Asthma his head and mouth was continuously covered by black cloths. The Judge took cognizance of these complaints and ordered the West Bengal Human rights Commission to investigate into the complaints of rights violations. It is important to mention here that these two well known activists were out in Bail after spending valuable six years of their life in Jails due to false cases filed by the left front government. They even got total acquittal in some cases. After coming out from jail Zakhir was reportedly trying to organize Jute workers of a Howrah Jute Mill and Sabyasachis poems and articles were published regularly in many magazines. Both were seen involved in open activities. In another case, Avishek Mukherjee, who the Police claimed

that he is City Committee secretary of CPI (Maoist), and two of his comrades Subhas and Sunil were severely abused in a Court Lock-up in Kolkata. It is alleged that under the instruction from the Police and Jail bosses, they were attacked by some criminal under trials without any provocation. They were mercilessly beaten by a gang and were seriously injured. According to their family members, they had started a movement in the jail against corruption of jail authorities. In order to teach them a lesson, Jail authority created an allibi of fighting so that they can be shifted to a district jail. All these incidences are only a part gross human rights violation in West Bengal. In every aspect of life the TMC government and the TMC party is curbing democratic space like its predecessor left front government and even more. This was also witnessed during panchayat elections, across West Bengal. Although the protest against lawless and other atrocities by the police and is yet to take a concrete shape. However people are gradually coming out in protest marches and rallies, organized by various groups and civil society organisations. Recently there was a huge protest rally against the growing incidences of rapes and murders by TMC goons. APDR was one of the main organizers of these protests and also participating in other forms of protests. Tapas Chakraborty APDR, West Bengal

(Pr otes t agains t Ramban ...) were barricaded, however protestors (Pro est against
Group of these people from all organizations and individuals who took part in solidarity marched on Jantar Mantar road and then sat there for slogans and speeches. Heavy police force was deployed and roads went till barricades and sat there for at least two hours. It was a protest where large number of people from J&K and North East also participated. Speakers who were from various organizations includes

Ravi Nitesh from Mission Bhartiyam, Mohd Tanveer from NCHRO, Amit, Sandeepan and V Arun from AISA, Dr Muzaffar Bhat from J&K RTI forum, Piyush from JNSU, Hemant from DSU, Talha Huseyn from Campus Front, Asad Ashraf from JSS, Manjit from PUDR, Guneet from PUCL, Dar Rashid a Human Rights lawyer from J&K and Devika Mittal from Save Sharmila Solidarity Campaign and some other activists and student leaders. The Ramban incident is a prima facie case of coercive method adopted by the security personals. It highlights the highhanded attitude of the security forces that they have acquired over a period time due to their absolute powers and the impunity granted to them, said Ravi Nitesh, founder of Mission Bhartiyam. This protest is about this unacceptable massacre, it is to show our solidarity with the victims and demand justice but it has been organised to attack the root. We know that this incident is not the first incident in Kashmir. These inhuman incidents are quite frequent in Kashmir and in states of North East because draconian laws like AFSPA breed them. We are here today to appeal for humanity, to demand the repeal of AFSPA. remarked Devika Mittal, core member of Save Sharmila Solidarity Campaign. The organizers believe that real justice for the victims of the massacre will be to attack the root cause, i.e. militarization and draconian laws like AFSPA that has led to fake encounters, rape and killings of civilians. It is unfortunate that these incidents are happening in the Worlds largest democracy. It is unfortunate that these killings are justified in the name of upholding the

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integrity of the nation. We feel that development, basic civil rights, basic amenities and justice should be used to uphold the integrity not torture. said V Arun Kumar of AISA. Dr, Muzaffar Bhat of J&K chapter of RTI remarked, This incident happened in Jammu which is seen to be more peaceful. So there cannot be any justification. It shows that the entire Kashmir is under attack. There is a long list of incidents where security personals of almost all wings have violated the human rights in J&K. There have been fake encounters, torture, rapes etc. in the state but nothing has been done to prosecute the culprits till now. So there is every reason to believe that like other similar incidents before, there will be no action taken by the government against security personals in Ramban massacre too. In such situation the only option left for the democratic forces to raise voice against such injustices, said Mohammad Tanveer of Campus Front of India. Asad Ashraf from Jamia Solidarity Students told that unless and until there is demilitarization, the

situation will not improve in J&K. We must know that dissatisfaction is a primary reason for increase in insurgent activities so its high time that we think about their welfare, not ours. Kaashif who was here from Chhatra Vimarsh magazine, remarked that How do we take pride in being the worlds largest democracy when democracy is not extended to all states within our own country. Manjit from PUDR remarked, It is tragic that Kashmiris are looked upon as anti-national, as anti-Indian. It is true that there are anti-state slogans in Kashmir but this is because the only symbol of India i.e. the army has created hell in their land. The protest was supported by renowned Activists like Gautam Navlakha, Prashant Bhushan, Manisha Sethi, Dr Sandeep Pandey and many others. Though they could not be present. The protest was joined in by many people from Kashmir and even from states of North-East. During the protest many voices came forward against state

repression. It seemed that voices from Chhatisgarh to Manipur to Bihar , all were extended their support and solidarity with Kashmiri People and their struggle. In a very loud voice, and with the full capacity and passion, slogans were aired to demilitarize Kashmir and to repeal AFSPA. Slogans were revolutionary and English Hindi mixed. They aired as many slogans and some includes AFSPA ko Jaana Hoga Kashmir ki Galiyan Sooni hain, AFSPA khooni hai, Hum sab ki hai ek awaaz, Inqulab inqulab. The organisations demands the repeal of AFSPA, it demands the de-militarisation of all civilian areas in the AFSPA-imposed states, to investigate all crimes committed under it, to prosecute the guilty persons, compensate the victims and just initiatives to improve the situation in J&K and in the states of North-East. People were signed on the memorandum and they will be submitting this memorandum to the Prime Minister, to the Home Ministry and the Ministry of Defence. July 21st, 2013

Condemn Shooting Down of 4 Civilians in Ramban, Kashmir

PUCL strongly condemns the shooting down by BSF personnel of 4 unarmed civilians in Gool area of Ramban district of Kashmir on 18th July, 2013. More than 40 civilians are said to have been injured, some seriously, in the BSF firing and action. The incident allegedly occurred due to the desecration of a Muslim place of worship as also manhandling of a Muslim cleric by BSF soldiers. This led to a protest by unarmed local civilians before the BSF camp who were agitated over the desecration of religious place and demanded action against the BSF soldiers responsible for the act. To the contrary the BSF has issued a statement justifying the firing on the ground that the protestors were trying to storm the armoury and to seize arms and ammunition stored in the camp. Amidst the claims and counter claims of locals and the BSF, there lies the reality that the protesting civilians were unarmed. The resort to firing by the BSF forces is therefore questionable and is indicative of total failure of counter-preventive measures to quell civilian, unarmed protests. It also raises the issue of the adequacy of training given to the BSF jawans to handle such incidents of collective, unarmed civilian protests. Such situations of confrontations should reasonably be anticipated considering the long history of civilian unrest and security forces action in Kashmir valley.

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The Ramban firing incident once again highlights the sordid reality of an extreme sense of alienation, disaffection and hostility of local population against the Central forces. The Central and State Governments have done little to reduce the sense of estrangement amongst the local people through concrete, meaningful measures recognising the political aspirations of the local people. To the contrary justifying such firings only increases the sense of hostility and resentment of local people. PUCL demands that an impartial judicial enquiry be initiated into the Ramban firings so that the truth behind the incidents can be brought to light. Internal enquiry by the BSF Special Director General, Dilip Trivedi, will hardly be sufficient to generate confidence that a fair enquiry and justice will be ensured in the firing incident. PUCL once again reiterates that the problem of Jammu and Kashmir is a political problem and that any lasting solution can be reached only by finding political solutions agreeable to all concerned. Treating the entire issue as a problem of law and order is not only perverse and also short sighted but will only prolong the conflict timelessly. Sd/Prof. Prabhakar Sinha, National President and Dr. V. Suresh , National General Secretary, Peoples Union for Civil Liberties 22nd July, 2013

Condemn the Gruesome Murder of Ganti Prasadam

CDRO strongly condemn the brutal and horrifying murder of Ganti Prasadam, the former leader of the Maoist Party and present honorary President of Amarula Bandumitrula Committee, by the state sponsored criminal gang. He was attacked with knifes and fired at him at point blank at 3.30 pm on Thursday (4th July) in Nellore Town, Andhra Pradesh. The attack was carried on when Prasadam was about to enter the Nellore Hospital premises to visit an ailing relative. Three unidentified persons attacked him in front of the Hospital gate with knifes and opened three rounds of fire and left the place thinking that he was dead. Earlier, in the morning he had participated in the Martyrs Day Celebrations of the Revolutionary Writers Association at Town Hall in Nellore. The police who are investigating the crime have been very casual and further trying to link the murder to personal rivalry. it is nothing but their diversion tactics. We firmly believe that this murder has been committed by the state sponsored criminal gang with active connivance and conspiracy of the police. In view of the critical condition, a delegation of Revolutionary writers and APCLC members went to Chief Minister to request to shift the injured Prasadam from Nellore to Hyderabad for better treatment. However they were arrested and are booked with criminal cases. Therefore the attitude of the State Government in this regard is highly reprehensible. Doctors who gave first aid said that Prasadam suffered three bullet wounds two in the lower chest and one in the hip. There were also knife injuries on the neck and left forearm .As the condition turned critical, Prasadam was shifted to Narayana Corporate Hospital on the city outskirts. Prasadam who was conscious was said to have pleaded with the doctors and visitors to save him to strengthen revolutionary movement. It is an horrifying experience in Andhra Pradesh that the State police going beyond the law by organizing criminal gangs in order to eliminate the leading activists of peoples organizations and rights activists. In the past Mr. Purushottamd and Ajam Ali of APCLC were brutally murdered by the vigilante groups and Manyam Prasad and Kanakachari were hacked to death by the criminal gangs labeling themselves as KOBRAS and TIGERS. Similarly about 70 activists received death warrants by these so called KOBRAS and TIGERS threatening that they would be killed if they do not disassociate from their respective organizations. These gangs were sponsored and supported by the state police. Now they targeted Prasadam as he become popular among the exploited masses and for organizing various struggles in the State. We appeal all the democrats and intellectuals to come forward and condemn the brutal murder of Prasadam by AP State Government. We demand a judicial inquiry into the murder and bring the culprits to justice immediately. Sd/Coordinators: Kranthi Chetanya (APCLC, Andhra Pradesh), Paramjeet Singh (PUDR, Delhi), Parmindar Singh (AFDR, Punjab), Phulindro Konsam (COHR, Manipur) and Tapas Chakraborty (APDR, West Bengal) 3rd July, 2013

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One Step Forward with Uncertainties Ahead

Coordination of Democratic Rights Organisation (CDRO) welcomes the decision of the Judicial Magistrate, Kupwara (J&K) on 18th June 2013, asking for further investigation to unravel the identity of those who happen to be perpetrators of mass rape which took place in the two villages of Kunan and Poshpora in the North Kashmir district of Kupwara, on 23-24 February 1991. Kunan-Poshpora witnessed mass rape of over 40-53 women allegedly by the soldiers of the Armys 4th Rajputana Rifles of 68 Brigade. After the incident in 1991, police had lodged an FIR almost a month later on 18th March 1991, under section 376, 452 and 342 at police station Trehgam against the Army. But making a mockery of S 173 CrPC which mandates submission of a closure report once investigations are complete it took the J&K police all of 22 years to file the closure report on 30th March, 2013. The shoddy job of investigation becomes also apparent from the fact that in March 1991, medical examinations were carried out of 33 women victims, and only 21 statements of victims recorded under S 161 of CrPC. Similarly, out of 125 personnel belonging to 4th Rajputana Rifles who participated in the operations on February 23-24th, 1991 only 19 personnels statements were recorded under S 161 of CrPC, whereas witnesses had mentioned that there were more than sixty soldiers who participated in the heinous crime. What was also ignored by the police was the torture of the men-folk of Kunan-Poshpora. Statements under S 161 of Cr PC were recorded of just thirteen male members. Within seven months, on 23rd September 1991 the Director Prosecution informed the SP (Kupwara) that the case was un-fit for launching criminal prosecution. The Director Prosecution knowing that police did not hold an identification parade chose to blame the women for not identifying the culprits! The matter was then put in a deep freeze. The BG Verghese led Press Council of India (PCI) team, meanwhile, which visited Kashmir in June 1991, helped this subversion of justice by claiming that charges against the army were well-concocted bundle of fabricated lies. In turn the J&K government closed the investigations terming it as untraced. It was this that forced the victims to turn to the SHRC in 2004, which gave a ruling recommending setting up of a SIT to look into this matter in 2011. The SHRC had observed in its judgment on 16th October 2011 that right from February 1991, all successive governments and district administrations have been guilty of callous, negligent, insensitive and indifferent attitude towards the victims as if nothing has happened in KunanPoshpora on the intervening night of February 23 and 24, 1991. It held that Director General of Police tried to push the collective crime committed by Army personnels under the carpet It was when post SHRC order a group of 50 women petitioners initiated a process to file a PIL in the J&K High Court that the police decided to hurriedly file a closure report on March 30th 2013 before the judicial magistrate of Kupwara just three weeks before the PIL was filed on 20th April, 2013. It was done in such hurry that the closure report neither provided

a list of victims (male as well as female) nor a list of witnesses. However, this step of the J&K police prompted the High Court in 14th May 2013 to ask the petitioners that they should move the judicial court in Kupwara. The victims of the incident in Kunan-Poshpora villages filed a protest petition in the Kupwara court on 10th June 2013, against the polices closure report. On 18th June, 2013 the Judicial Magistrate JA Geelani ordered investigation by a police official not below the rank of Senior Superintendent of Police (SSP) within a time-bound period of three months. But he rejected the demand for SIT claiming that this did not fall within his jurisdiction. Although, the SHRC and the High Court recommended constitution of a SIT headed by a SSP rank officer no heed was taken by the executive. Kunan Poshpora is one among hundreds of cases of mass rape that took place in J&K. This is a rare instance of a case of this nature where further investigation has been ordered. But it took 22 years of relentless struggle by Kashmiri groups to reach even this far where further investigation will ensue. Meanwhile, in last 22 years five of the victims died and almost everyone one of the living suffered. But what the efforts of Kashmirs human rights groups achieved because of their perseverance is the emergence of the 50 women from their shadowy existence to confidently and with great dignity confront their perpetrators. Shame and humiliation once bandied about them has been replaced by the women turning against the perpetrators to shame and convict their rapists and torturers. Although, CDRO welcomes the step taken after 22 years, we are conscious of the uphill task ahead. In the first place the judicial magistrate ordered fresh investigation by the

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same police department (not even SIT), which is guilty of closing the investigation prematurely and of suppressing evidence. There are other imponderables lurking around in shape of conflict between police summoning 125 personnel of 4th Rajputana Rifles 22 years after the crime was committed, with Army certain to claim helplessness in locating its personnel as well as disputing the jurisdiction of the police to summon their personnel. There will also be battle for jurisdiction between civilian court and Court Martial, if ever a chargesheet is filed. But above all the judgment in Zahid Sheikh and Pathribal cases recently by the Supreme Court cocoons the armed forces personnel. In the former the period of active service extends for 24 hours. And in latter it is held that any act committed during active duty will be presumed that armed forces personnel act in good faith. Therefore, struggle for justice will be tortuous, long and far from easy. What is equally disturbing is the fact that Indias criminal jurisprudence neither provides for crimes specific to armed conflict situations nor defines rape which takes place during armed conflict in accordance with the international

convention which sees them as being a deliberate policy to torture and humiliate a people. So the infirmities of Indian law to deal with crimes during the period of armed conflict exacerbates the indifferent and callous attitude of the authorities at whose behest military suppression takes place and war crimes/crimes against humanity inevitably follow. So while we applaud the perseverance displayed by Kashmirs brave civil liberties groups who fought hard to reach this far, we also remain cautious because Indias record in bringing its own armed personnel guilty of perpetrating horrendous crimes to justice is miserably low. We urge democratic minded people, therefore, to stand by Kashmiris in their fight for justice by extending solidarity with their struggle. Sd/Coordinators: Kranthi Chetanya (APCLC, Andhra Pradesh), Paramjeet Singh (PUDR, Delhi), Parmindar Singh (AFDR, Punjab), Phulindro Konsam (COHR, Manipur) and Tapas Chakraborty (APDR, West Bengal) 3rd July, 2013

Updates Maruti Suzuki Workers Struggle

I
We the Maruti Suzuki Workers Union in our General Body meeting in the evening of 17 July 2013 in Gurgaon Sector-5 have decided to go ahead with our peaceful demonstration and indefinite Hunger Strike on 18 July 2013 in IMT Manesar, Gurgaon. We have decided to gather at Leisure Valley Park at Sector 29, Gurgaon at 9 a.m. in the morning and take out a foot march of 20 kms towards Manesar, to hold our peaceful demonstration at Tau Devilal Park, IMT Manesar. Our spirits are high with the resolve to carry forward our struggle in the face of continuous repression by the administration-policegovernment, which is acting only in favour of the interests of the Maruti

Suzuki management. We are acting well within our democratic and fundamental right to organize and protest. The administration has meanwhile been taking out a misinformation campaign of a possible confrontation with a few village heads that they will not let us hold any demonstration at the proposed venue. We have complete solidarity of common villagers and have had support of over hundred 150 panchayats. Villagers near the plant in IMT Manesar sent us solidarity greetings and even took our posters to put it up themselves on 16 July when we went to IMT Manesar to put up posters. The supposed opposition comes from a few businessmen, contractors and landlords who parrot what the company management wants them to. Meanwhile with this supposed threat to disruption of public peace, over 2000 police personnel and paramilitary have been stationed in the park itself, while Gurgaon has literally been turned into a military fortress, with flag marches led by the Police Commissioner himself, water cannons and tear gas vehicles stationed at every corner and well over ten thousand police personnel at the ready. We however have stated and will act within our democratic legal and constitutional rights, and this huge deployment of forces and creation of a tense military atmosphere is against our basic fundamental right to stage protests against continuous injustice meted out to us. Manesar has since the past one year been turned into a zone where workers work not only under exploitation of the hard working conditions and low wages and divide and rule policies of the company

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managements but also under constant threat of being fleeced and threatened by local landlords and under heavy menacing police presence and there is no semblance of any democratic atmosphere. This has been also increased in recent times with the misinformation campaign by the Maruti company and the government blaming us workers for the death of one pro-worker manager Awanish Dev last year on 18th July. We have thus been criminalized without any investigation and we hold the company to be responsible for this as part its conspiracy to break our spirit of unity. We demand that the true facts of this case come out in the public and the general public and the judiciary take note of our voice. We will mark a year of our struggle, a year of jail without bail of 147 of our brethren, sleepless nights for 66 workers with non-bail-able warrants on them, a year without jobs for 2300 of us, a year of economic devastation of thousands of our families with our dharna and hunger strike tomorrow. For our just struggle, we have received support of workers in the belt and across the country, local and national Trade Unions, workers and peasants organizations and

panchayats, students, lawyers and common toiling people and many individuals. Simultaneous solidarity demonstrations have been and will be staged jointly by Trade Unions and others pro-worker forces before and on 18 July 2013 in Ludhiana and Chandigarh, in Chennai, Bangalore, Bhillai, Kolkata and many other places besides demonstrations across Haryana. Those in Delhi will join us in Gurgaon. We demand: 1. Release all arrested workers and activists and take back all fabricated cases. Release the 147 workers who are in Gurgaon Jail without any bail for last 1 year, and the 10 workers and sympathizers who are in Kaithal Jail for last two months on fabricated cases. 2. Reinstate all terminated workers of Maruti Suzuki Manesar, Suzuki Powertrain India Ltd and Suzuki Motorcycles India Ltd. 3. Institute an independent impartial inquiry into the incident of 18 July 2012. Mahabir, Katar, Rajpal, Yogesh (Provisional Working Committee) Maruti Suzuki Workers Union 17th July 2013

II
Today, 24th July 2013, the nine comrades in Kaithal District Jail, Haryana were released on bail after months of intense pressure by the movement and other solidarity efforts. Among them are Comrade Ramniwas, member of Provisional Working Committee, Maruti Suzuki Workers Union, Com. Deepak, General Secretary of Hindustan Motors Sangrami Shramik Karmachari Union, Com. Somnath, correspondent of the workers newspaper, Shramik Shakti and Suresh Koth, local panchayat leader from Jind, Dr. Ashwini, doctor and local social activist and others. The fake cases on them which range from Section 307 (Attempt to Murder) and the Arms Act (possession of illegal weapons etc) foisted by the police to break the valiant demonstration by over 2000 people in Kaithal on 19th May 2013 will continue. However even in the space of these two months after these targeted political arrests, we have not been cowered down and carried on continuous struggle, and it is due to this that the powers-that-be have been

forced to accede to the force of the truth of our struggle. The next date for hearing after 19th July on the framing of charges for the 147 workers in Gurgaon Jail is on 27th July 2013 as their trail still has not started, and that is also the date when the last of the witnesses for the counter-case on the management will depose before the court. Our primary demands of release of the 147 fellow workers who have been denied bail for more than one year now and the quashing of false cases against them and on 66 others who have non-bailable arrest warrants against their name, still remains. As Suzuki Motors Chairman, Mr. Osamu Suzuki visits India, we want to reiterate our second demand of reinstatement of all the terminated workers, and that the government stop acting with only in favour of the interests of the company and implement labour laws in the region. We observe with alarm, the similarity in the recent statement on 18th July of MSIL Chairman R.C. Bhargava who said Japanese investors are jittery over the situation of labour unrest in India because of what happened in Manesar, and the Honble Punjab and Haryana High Courts verdict on 22nd May 2013 dismissing bail pleas of the arrested workers saying that foreign investors are likely not to invest the money in India out of fear of labour unrest. We appeal to all to keep vigil so that the government and justicegiving agencies are not influenced by the false propaganda and moneypower of this highly exploitative company management. On 18 th July 2013, we marked one year of our continued struggle against one year of continuous repression by precisely pointing to this false propaganda

CDRO Bulletin

which held us responsible for the murder of the HR manager Awanish Dev without any due investigation. We gave statement and shouted slogans pointing to the real culprits behind the incident- the managements exploitative practices and conspiracy supported and encouraged by the governmentadministration-police, and thus paid our tributes to the deceased. On the same day, 18th July 2013 inside the Maruti company in Manesar, special lunch was arranged, and this is how they celebrated the incident of 18th July 2012 and the so-called improved relations among the workers and management, while production at present inside the plant is highly exploitative and under immense coercion. On 18 th July 2013, we assembled at Leisure Valley Park in Gurgaon and attempted to march to IMT Manesar in the morning, but were stopped at the site by the heavy deployment of the police, and a DC order of imposition of Sec 144 in the entire industrial belt of IMT Manesar, in Tau Devilal Park and NH-8 as well as in the Mini Secretariat in Gurgaon. The administration might say this is a special circumstance, but all workers in the belt know it for a fact that such coercion and repressive proactiveness by the state to serve the interests of the companies and curb our democratic rights is a very normal everyday condition in the industrial region. Around 2000 police personnel were present at the site itself where we assembled, and the mobilization of the police force in Manesar was over 10000 personnel armed with weapons, lathis, water cannons, tear gas vehicles creating a threatening atmosphere in the entire industrial belt. Many workers were

physically stopped from joining our demonstration. Our own workers kept receiving threat calls from the CID against joining the protest. The entire Union body of Suzuki Motorcycles India Employees Union were detained in a police station in Kherki Daula village in Gurgaon by the SHO and their phones switched off, so that they could not join our struggle. Even thus, we are heartened to receive support from workers and various trade unions in the area who are ready to take our issue as the common issue of workers in the entire industrial region and specially in the automobile sector. Besides Hero Motor Corps Union with its President Com. Bhim Rao, Suzuki Power-train India Employees Union with its terminated President Sube Singh and the entire Union bodies of Rico Auto Dharuhera, Nerolac Bawal, IJL Rewari, NSK and unions from many other companies in the area joined in our support. Besides these, we received support from local and central trade union and workers bodies like CITU, ICTU, AICCTU, Jan Sangharsh Manch Haryana, Hindustan Motors SSK Union, SSC, Bluestar Employees Union, NTUI, Inqlabi Mazdoor Kendra, Mazdoor Kranti Parishad, Bigul Mazdoor Dasta, AIFTU(New), IFTU and many others, and students and other groups like PUDR, KNS, AISA, NBS, DSU, NSI, Pratidhwani, Janrang and many other individuals from across the country from Mumbai and Bengal, and especially from nearby Delhi. Simultaneous demonstrations and programs were organized and messages of solidarity came from Mumbai, Bangalore, Chennai, Ludhiana, Chandigarh, Kolkata, Bhillai, Hyderabad and many other places by various workers groups,

trade unions and other mass organizations. We express our gratitude and resolve to continue with this common struggle of workers. On 25th July 2013, there is a joint rally of all Trade Unions in Gurgaon-Manesar in front of Mini Secretariat, Gurgaon where the first demand pertains to the release of arrested workers and reinstatement of terminated workers of Maruti Suzuki Manesar besides demands of other workers facing exploitation and repression in their factories. We appeal to all to join the rally. We have declared our intent of holding our next program in Manesar and have sent letters of intimation to the DC and other relevant authorities for the same. We shall take ahead our struggle in the coming days with renewed energy and not be coward by the repression and exploitation.

(Provisional Working Committee) Maruti Suzuki Workers Union Date: 24/7/2013

CDRO Bulletin

PUCL Asks SC to Declare AFSPA against Statute

Rights organisation Peoples Union for Civil Liberties (PUCL) today demanded withdrawal of Armed Forces Special Powers Act from the states and urged the Supreme Court to declare it unconstitutional. In view of the latest report of abuse of the AFSPA, the PUCL again demands its withdrawal from the states where it is in force and its repeal from the statute book. We hope that apex court will take note of the report and declare it unconstitutional as it has been found by all enquiry committees to have been misused again and again, said Mahi Pal Singh, National Secretary PUCL in a statement. The demand came after a Supreme Court appointed judicial commission reportedly highlighted the rampant and gross misuse of AFSPA for fake encounters and gross violation of human rights by the security forces in Manipur. Singh said it justifies the demand for repeal of the Act by the PUCL and other human rights organisations and activists like Irom Sharmila, who has been on fast against the Act for last 12 years. He said that even Justice Jeevan Reddy Committee and Justice J S Verma Committee had also found that the impunity clauses in the Act provided a shield to the security personnel for indulging in fake encounters and sexual violence against women in areas where this Act is in force. 19th July, 2013

Kashmir Has No Faith in Govt Probes

Human rights activists in Kashmir Saturday said they have no faith in the probe ordered by Union Home Minister Sushil Kumar Shinde into the BSF killings in Ramban, saying inquiries have only subverted the process of justice in the strife-torn region. The government always orders probe, but it is only to delay. Nothing has ever come out of it, prominent activist and convener of the Jammu and Kashmir Coalition of Civil Society (JKCCS), Khurram Parvez said. The JKCCS is an alliance of five human rights groups. Statistics provided by Parvez show that the government ordered nearly 170 probes in the past 10 years. Thirty-three probes were ordered in the year 2003, 25 in 2004, 21 in 2005, 11 in 2006, 12 in 2007, 08 in 2008, 20 in 2009, 14 in 2010, 11 in 2011, 08 in 2012 and 05 so far this year.

The incidents over which probes were ordered include alleged killings of ordinary civilians in fake encounters by security forces and the deaths of unarmed protesters in police or paramilitary firing. Khurram Parvez says the government has zero percent record of prosecuting the security force personnel accused of human rights violations. These probes have simply failed justice, he says. Parvez said only an international independent probe commission will do. You see the fate of the earlier probes. They failed to bring the perpetrators to book and provide justice. Why should we expect something new from this one. He said, We want that an international body should conduct a probe into all the cases so far, including the Ramban one. The military and paramilitaries deployed in Kashmir enjoy immunity from prosecution under the Armed Forces Special Powers Act (AFSPA).

Jammu Kashmir Coalition of Civil Society (JKCCS)

Source: Rising Kashmir 20 July 2013

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Letter to NHRC Seeking Interventions on the Police Firing at Keredari, Jharkhand

To Sh. K G Balakrishnan, The Chairperson, National Human Rights Commission, New Delhi. Subject: Requesting urgent intervention by NHRC into the incident of Police Firing killing two people and injuring others in Keradary, Hazaribagh, Jharkhand Dear Sh. K G Balakrishnan Ji, Namaskar! In another brutal incident on July 23rd police opened fire on peacefully protesting villagers in Keradary, Hazaribagh district of Jharkhand. This comes close on the heels of BSF opening fire in Ghoom, Jammu and Kahsmir. Numerous human rights groups and Citizens organisations have raised the issue of police impunity with the NHRC and response has been unsatisfactory and mostly routine. We urge NHRC to urgently intervene in this matter and ensure justice by taking action against erring police officials. Background to the Police Firing in Keradary, Hazaribagh, Jharkhand In 2005, National Thermal Power Corporation (NTPC) acquired mining lease for captive mining in an area covering 16 villages of 3 blocksPankiri Barwadi, Chatti Bariyatu and Keredari in Hazaribagh District of Jharkhand. Today the total number of villages to be displaced has risen to 60, with the total affected population being close to 40,000 as opposed to 16,000 which is the claim made by the company. Villagers have been opposing the land acquisition and proposed mining on their land since the time project was announced. NTPC has been making efforts to start work but due to active resistance of the people, they have not been able to make any headway. Yesterdays incident is an attempt by the police to terrorize villagers in submission and break their resistance to the project. On July 22nd a group of villagers opposed the starting of work by Contractor Pradeep Singh, a local resident whose land has already been acquired by NTPC. In reaction to that Pradeep Singhs son attacked Kamal Mahto with kudali (sharp farming equipment) and inflicted serious injuries. As villagers tried to catch son of Pradeep Singh and opposed starting of work on project police arrived and fired without any warning to people. Tarkeshwar Mahto alias Kesar Mahto aged 30 was killed on the spot, another person succumbed to his injuries on way to hospital, while three others remain in critical condition in the Hospital. Firing took place in absence of any orders from senior officials and without any provocation from the crowd. Local police has been

colluding with the NTPC officials and contractors and been at the forefront of oppression against the villagers who are in opposition to the project. Past Police Actions July 22 nd incident is in continuation of the polices attempt at quelling any opposition to the project. On 8th May, 2013, a case was registered in Badka Gaon police station, against 3 activists - Deepak Das, 34 yrs, Anirudha Kumar 38 yrs, Dileshwar Mahato 35 yrs. An FIR was lodged also on unknown 40-45 people, a copy of which can only be procured by early next week. The interesting fact is the naming of 3 people from a group of over 70 protesters. This shows a clear effort by the company to target some people. They also lodged the complaint 2 days after the incident to avoid any untoward incidents during the visit of their CMD. In the last eight years, more that 70 people have been arrested and jailed with fabricated cases all over Karnpura valley. The incidents of police atrocities have been rampant in an area dominated mostly by Scheduled caste and Scheduled tribe people. Hence, we urge the National Human Rights Commission to intervene into the matter with urgency and take suomoto action into the matter without any delay to protect rights of the people in the Karnapura region. And we request the NHRC to send a team to the place as early as possible.

Delhi Forum 24th July, 2013

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West Bengal KNS Statement Condemning the Detention and Harassment of Political Activists in Belghoria
We condemn the state terror deployed through the detention and harassment of KNS activist and Central Executive Committee member Comrade Himadri Sekhar Bhattacharya and political activist and filmmaker Comrade Mrinal Kanti Jana by the West Bengal State Police at 9.30 pm on 22nd July 2013 from Belghoria Railway station, Kolkata. This was purportedly done for investigation purposes on charges of being part of terrorist activities in the area. However, the Police shamelessly told one Bengali news daily Ei Samay that they were detained for drunkenness. The local police inspector, DCP and ACP of Barrackpore, and a team from IB, interrogated them in three phases. The police refused to reveal the names of those from whom the allegations had come. They also refused to hand over the activists to the local people and activists from various mass and democratic organizations who stood outside the Belghoria Police Station demanding their immediate release. It was only due to the continued pressure from the vigil outside the police station by the local masses from the moment of their detention that the police was forced to release them late at night and drop them in front of their home. No charges has been pressed against either of them as of now. The police informed that there were 8 such people on whose names such allegations have come. However it is clear that this follows from directives by the West Bengal State Sports Minister and Trinamool Congress member, Madan Mitra, who had only nine days ago, declared the formation of a Sontras Birodhi Moncho (Anti-Terrorist Platform) to fight the supposed terrorist activities in Belghoria, after declaring that the area has become a Maoist den. This declaration had come as a reaction to the huge mass rally, with the initiative and participation of Com Himadri, reacting to the rising instances of sexual and gendered violence in the State. The Kamduni rape case had rightly made the people of the entire state indignant on the issue of rape and patriarchal violence, and this had spilled over in to a mass rally of over 20,000 people at the call of some intellectuals in College Square, Kolkata on 21st June. The West Bengal Chief Minister, Mamata Banerjee had reacted to this mass anger and resentment against the government calling it a Congress-CPI(M)-Maoist affair. Activists from many organizations including KNS president Com. Parag who had participated in the rally were continually harassed by pro-TMC chit-fund-funded media houses, like Channel 102 and 365 Din as a supposed terror operative. Himadri Bhattacharya is a well known active social worker and has been politically active over the last 20 years in Belghoria area.

He was active during the anti land acquisition movement of Singur during the previous regime of Left Front Government and was arrested from the anti slum eviction movement of Nonadanga, by the police under the new TMC government. He was recently active in the mass protests of Kamduni. Mrinalkanti Jana is an activist film maker, associated with Mazdoor Kranti Parishad. Thus this detention and harassment is not a one-off incident of routine investigation, but reflective of an atmosphere of terror that the state is trying to whip against any voice of opposition to the anti-people developmental model it serves. It is also reflective of the method of operation of state terror which combines the legal state machinery with the illegal militia of the ruling parliamentary parties. We thus hold this act of the Police to be carefully calibrated acts of state terrorism, where the legal machinery of policeadministration combined with the illegal militias, both of which feed into each other. Locally the same goondas and contractor mafias that the CPI(M) used to employ as the well-organized armed Harmad Bahini in the rural areas and nameless mafia networks in the urban areas have now turned over and to overlap with the TMCs own use of these elements in militias and informal goonda networks. This is clearly done in the urban areas to establish control over territory, when mass movements and mass organizations who work with these movements threaten the local

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equations of power and demand the right to the city space and ask questions difficult for the state to answer, such as whose city is it- of the financers, contractors and developers or of the toilers and workers? Is it of the forces of patriarchy, sustained and recuperated by the forces of capital and its state, or of the toiling women who seek emancipation from everyday violence? State terrorism is daily being unleashed on political

activists and mass organizations who stand resolutely with peoples movements across the country. We condemn this act of the state and demand an unconditional apology and immediate halt to this witchhunt, and harassment of mass political activists who speak out and organize against the present anti-people regime.

Krantikari Naujawan Sabha July 26, 2013

Manipur: Forest Clearance Rejection Hailed

Citizens Concern for Dams and Development (CCDD) and Committee on the Protection of Natural Resources in Manipur (CPNRM) have welcomed the forest clearance rejection for the proposed 1500 MW proposed Tipaimukh Multipurpose Project by the Forest Advisory Committee (FAC) of the Ministry of Environment and Forest (MoEF), Government of India in its meeting on July 11-12, 2013. In a statement jointly signed by CCDD Chairperson RK Ranjan, the two organizations observed that the rejection of forest clearance by FAC has proven that the Government of Manipur and the dam building companies pursued destructive forms of development in Manipur with no care for the environment, forest, land and the people to be affected. It also proved that the Environment Clearance for Tipaimukh Dam on October 24, 2008 was accorded based on wrong information. The reasons of objections outlined by the FAC of MoEF that the Tipaimukh Dam project would cause widespread devastation of the flora, fauna, ecology in Barak Riverine ecosystem and socio-economic conditions for affected communities have long been highlighted by affected communities and environmental and social organizations. The FACs observation that the submergence of forest by the proposed Tipaimukh Dam is simply more than one hundred times the average rate of forest submergence by any other hydel-projects in India is just an absurd reality. Further, the requirement of 16 hectares of forest land for every Mega Watt of power to be generated is extraordinarily high. The total forest and non-forest area requirement of around 1000 sq km for the project, both for direct submergence (311 sq km) and for Hueiyen News Service compensatory afforestation in non-forest areas (622 sq km) will be one Imphal, July 27, 2013 of the highest land requirements by any single project all over the world. The process for granting Environment Clearance and Forest Clearance

has been carried out without any holistic and participatory impact assessment and non-recognition of peoples rights over their land, the joint statement asserted. The two organizations have also urged the Ministry of Environment and the Government of India to respect the recommendations of the FAC on Tipaimukh Dam not to accord Forest Clearance and demanded that the Ministry of Environment and Forest should revoke the Environment Clearance for Tipaimukh dam on October 24, 2008 as it is clearly based on wrong information. It is also high time that the Government of Manipur revoke the MoU signed with National Hydroelectric Power Corporation and the Satluj Vidyut Nigam Limited in 2010 given the confirmed multifaceted impacts. The Government of Manipur should now embark on an alternative model of power generation in Manipur, based on the needs, wishes and aspiration of the people and to minimize impacts on environment. The recommendations of World Commission on Dams, 200 and provision of UN Declaration on the Rights of Indigenous Peoples, 2007 should be respective while pursuing mega dams and other destructive and unsustainable forms of development in Manipur, the joint statement said.

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David versus Goliath: Battle of Niyamgiri

these (Niyamgiri) hills are for us what Konark or Jagannath temple is to you. The mining site is the abode of our god. We cannot buy water and cannot let our streams dry up due to mining. Ratu Majhi, a resident of tribal and dalit hamlet of Phuldumer How does a David versus Goliath battle look today. To know the answer one only needs to view the fight waged by the Dongria Kondhs of Niyamgiri against the giant Vedanta. Davids fight with Goliath was resolved quickly, contemporary battles take longer and are much harder. The fight began with Britains Vedanta Resources plan to mine Bauxite in the Niyamgiri mountain range. At stake for Vedanta were 72 million tonnes of estimated bauxite deposits and an investment of Rs 40,000 crore in the state of Odisha. For the project at Niyamgiri, Sterlite, a subsidiary of Vedanta, had first signed a Memorandum of Understanding (MOU) with the Orissa government in 1997. The project entailed a refinery in Lanjigarh, at the foot of the Niyamgiri mountains, for mining the mountain where the Kondhs lived. Protests had begun immediately, and after illegally clearing protected forests at the base of the mountain, and forcefully evicting people from four Kondh villages, the refinery had been set up in 2004. Vedanta entered into an agreement with the Odisha government for supply of bauxite through the state-owned Odisha Mining Corporation. The villages themselves, and the stone deities that were present in all Kondh villages, were destroyed overnight. Interestingly a Supreme Court instituted centrally empowered committee had noted that the government had violated its own guidelines by allowing Vedanta to build a refinery without getting the mining clearance first. The CEC, in September 2005, had recommended that the environment clearance for the refinery be revoked, but the SC till April 2007 to hear the matter. When the court passed its first order in November 2007, it declared that the refinery would be allowed to operate provided Sterlite, a subsidiary of Vedanta, adopted the rehabilitation package it had devised. But when Sterlite accordingly came forward with a fresh application, the courts final order of August 2008 said nothing about whether the environmental clearance given to the refinery was valid or not. Instead, the court granted forest clearance to the mining project on Niyamgiri. Instead of listening to its own CEC, the court handed over Niyamgiri to Vedanta. To cover the lies and the deception words like economic prosperity, growth rate and development were thrown about. It did not matter to Vedanta or the State Government that the mine would devastate the biodiversity of the hills and disrupt water sources that supply almost a hundred perennial streams in the area and feed two rivers. But the grand designs of Vedanta and the State Government were constantly blocked by the stubborn resistance of the Dongria Kondhs. They realize what is at stake for them, their entire way of life, tied to their sacred mountain, their Niyam Raja. All their needs are fulfilled by the forests perennial streams, plenty of fruits, spices, mushrooms, wild tubers and roots

and a mix of native millets, pulses, legumes and oil seeds grown on small shift-and-burn patches on hill slopes. They depend on the outside market for a few metres of cloth, salt, kerosene and the occasional dried fish. They do not want to work as daily wagers. Thus the Dongria Kondhs have rejected a development model which is currently being forced down other marginalized sections all over India. In an attempt to win bauxite mining rights on Niyamgiri hills in Odisha, Vedanta funded two Environment Impact Assessments in 2002 and 2006 to enable the entry of corporate mining. However the Government appointed Saxena committee found these reports to be deficient as they failed to take into account the impact of mining on water. Under Jairam Ramesh led Ministry of Environment and Forest (MoEF), the stage-II forest clearance to Vedantas bauxite project was cancelled in August 2010. The MoEFs grounds for rejection were violation of the Forest Rights Act (FRA), Environment Protection Act and the Forest Conservation Act. The Orissa Mining Corporation Ltd. challenged the decision in 2011. The most recent battle is the Palli/Gram Sabha ordered by the Supreme Court on April 18 2013, to ascertain if the religious sentiments of the tribals would be hurt by Vedantas mining operations. The Odisha Government told the Supreme Court that the Dongria Kondh worship the hill top known as Hundijali, 10 km away from the hill top known as Niyam Dongar, the mythical birthplace of Niyam Raja and the proposed mining site. Even though the forest dwellers worship the entire range of hills, the state government tried to narrow down the space of worship hoping to disrupt

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and influence the verdict. Out of 162 villages only 12 were selected to participate in the Palli Sabha. However Serkapadi, Kesarpadi, Tadijhola, Kunakadu, Palberi, Batudi, Phuldumer and Ijurpa eight villages have so far unanimously rejected the mining proposal. Thus out of the twelve villages, a majority have refused to give permission to Vedanta. Despite repression and

intimidation things are looking bleak for Vedanta and its ardent champion, the State Government. The Dongria Kondhs have asserted that they will not leave their land, they will not become slaves to the behemoth that is Vedanta. They have proclaimed loudly that the entire mountain belongs to them and everyone has to take notice. Cijo Joy

Fighting for the Justice for the Victims of Kunan Pospora

Call for Boycott of B.G. Verghese and Wajahat Habibullah
1. On 18 June 2013, a trial court in Kupwara, Jammu and Kashmir, ordered further investigations in the Kunan Poshpora case of February 1991. As you will be aware, on the intervening night of 23/24 February 1991, women and men of the villages of Kunan Poshpora were subjected to rape, torture and other crimes by the Indian armed forces, more specifically personnel of the 4 Rajputana Rifles, 68 Mountain Brigade. 2. The 18 June 2013 decision is a result of a long struggle for justice and against impunity. This is a struggle that has at its forefront the victims of Kunan Poshpora. This struggle resulted in a State Human Rights Commission [SHRC] order on 16 October 2011 that confirmed the allegation of the victims, including the role of the 4 Rajputana Rifles. The struggle continued before the High Court of Jammu and Kashmir to have the recommendations of the SHRC implemented, and is presently at the stage of putting pressure on the Jammu and Kashmir Police to follow the 18 June 2013 order and carry out speedy, effective and fair investigations. Needless to say, the struggle continues. 3. The reality of Jammu and Kashmir, of which the Kunan Poshpora case is but one example, is of absolute impunity for the Indian State. The people of Jammu and Kashmir are acutely aware of the various levels of impunity and the numerous players from the armed forces and the political class, to Indian civil society, that play a role in strengthening impunity and thwarting justice. The struggle for justice in the Kunan Poshpora case must not therefore be limited only to the courtroom. 4. It is in this context that we write to you today to bring to your attention the criminal role of B.G. Verghese and Wajahat Habibullah in the Kunan Poshpora case. B.G. Verghese headed the Press Council of India team that submitted a report in July 1991 on Kunan Poshpora. Wajahat Habibullah, as then Divisional Commissioner, Kashmir, prepared his own report. Both reports sought to cover up the crimes of the armed forces in Kunan Poshpora. 5. The B.G. Verghese Press Council of India report (Crisis and Credibility, July 1991), published by a patently pro-army publisher Lancer

International, commissioned by the Ministry of Defence, displays an obvious prejudice against the villagers of Kunan Poshpora, a consistent effort to disprove the allegations of rape, and a motivated slander campaign against the victims. The report disregards evidence where available, and reads as a legal defense for the armed forces and not as an enquiry. The report concludes in a manner keeping with its tone and approach: the Kunan story stands totally unproven and completely untrue, a dirty trick to frame the army (Emphasis added). 6. Wajahat Habibullah begins his report by stating that: After discussion with the DGP and Corps Commander therefore it was decided that the undersigned might visit the village and also talk with concerned army officers to determine the course of action required to be followed to allay doubts and restore confidence. The purpose of his intervention clear to chart out a course of action to restore confidence in the armed forces Wajahat Habibullahs report, similar to B.G. Verghese, presumes bona fides on the part of the armed forces, casts aspersions on the victims, disregards evidence, and ultimately concludes that the allegation of mass rape cannot be sustained. In the past, Wajahat Habibullah has sought to defend himself by stating that important parts of his report were deleted by higher authorities. The silence of Wajahat Habibullah following the deletion of parts of his report [he only called the Governor, G.C. Saxena, who is also now implicated in the crime], further implicates him. His silence of 22 years makes him culpable of the cover-up. Wajahat Habibullah has always been pretending to be sympathetic to the

CDRO Bulletin

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victims of human rights atrocities in Jammu and Kashmir. This report shows how he himself was hand in glove with the perpetrators while holding an important position in the administration in Kashmir. Rather than protest publicly, resign, and struggle for justice, he chose to safeguard his career and continue in the service of the Indian State. 7. B.G. Verghese and Wajahat Habibullah served as representatives of the Indian State and sought to successfully shield the crimes committed in Kunan Poshpora. In fact, they may be considered some of the first to have initiated and run a campaign to malign not just the villagers of Kunan Poshpora, but also victims/ survivors of other crimes in Jammu and Kashmir. This campaign, that continues to date, seeks to dismiss charges of violations against the armed forces by attacking the victims/survivors. Therefore, the armed forces are consistently portrayed as beyond fault, whereas the victims/survivors are considered untruthful. This bogey of false and exaggerated allegations effectively seeks to put to an end to any questioning of the role of the armed forces in Jammu and Kashmir. 8. On 22 June 2013 at a press conference in Srinagar, where the survivors of Kunan Poshpora spoke to the Jammu and Kashmir civil society, it was unanimously resolved that B.G. Verghese is henceforth considered persona nongrata as far as the Jammu and Kashmir Civil Society is concerned. It was resolved that B.G. Verghese be boycotted socially and professionally - until he is criminally prosecuted and handed out an appropriate punishment. Further, it was resolved that we would be compelled to boycott any organization or individual that

chooses to continue to work with B. G. Verghese. A similar resolution in relation to Wajahat Habibullah was taken on 12 July 2013. 9. Both, B.G. Verghese and Wajahat Habibullah, occupy positions of importance in governmental/non-governmental organizations, are invited to conferences/seminars, and appear to enjoy respect and credibility. As per the resolutions of the Jammu and Kashmir Civil Society, we urge you to immediately consider the case against B.G. Verghese and Wajahat Habibullah and boycott them. We believe it is your moral duty to boycott these individuals as your association with them serves as a condonation of their actions. Persons like B.G. Verghese and Wajahat Habibullah have not only escaped accountability, they have also been

provided space and credibility. This promotes a culture of impunity. Therefore, it is vital that they are boycotted. 10. On consideration of this note, we request you to kindly inform us as to whether: you support/ endorse our position on the boycott of B.G. Verghese and Wajahat Habibullah, and, if we can make public your support/endorsement. Regards, 1. Kunan Poshpora Village Committee 2. Jammu and Kashmir Coalition of Civil Society 3. Support Group for Justice for Kunan Poshpora

2 August 2013

Behniwal Encounter: Another Cold Blooded Murder, AFDR

The alleged police encounter held at Behniwal is cold blooded murders series committed by state machinery in the name of fake encounters, said Prof. Ajmer Aulakh, State President and Prof Jagmohan, General Sec. Of Association For Democratic Rights, Puunjab., while addressing a press conference at release of Fact Finding report. The Fact Finding Team comprising of Prof Ajmer Aulakh, Narbhinder (State Organising Sec.,), Pritpal (State Publishing Sec.,), Adv N K Jeet, Adv Balkaran Balli, Com Jaspal Khokhar( Co Convener Rediacal People Forum), visited places of Incidents i.e alleged cuprits Mr Nahar Singh, Kulwinder Singh And Jaswinder Singh escaped from the Custody of Six policemen party armed with two carbines and one SLR on the evening of 25 April, injuring one Policeman And Killing Another; Behniwal where Nahar Singh And Kulwinder Singh killed in Alleged Police encounter in theintervening night between 26th-27th April , while Jaswinder Singh managed to escape; studied related FIRs, postmortem reports of the victims, gathered information from people at the site of incidents, their relatives. While preparing the report the Team sought the opinion of Doctors, Forensic Experts and Criminal law Advocates, kept in mind the provision for arresting the offenders, and Supreme Court Guidelines in case of fake polce encounters.The team concluded that:* The clothes(Underwear) And Shoes ( Blue white Chappales) born by the escapers, their riding down from motorcycle to flee in fields (Which will be very difficult to run with,and not expected from professional

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absconders) as reported in FIR at the time of encounter is far from reality. * The place of encounter cant be in open fields. * No body injured from police party, as in an encounter both side will bear the burnt. * All the injuries on persons killed in said encounter are above the waist, which shows police intended to kill themrasther than to arrest them. Mr Kulwinder Singh a handicaped from leg could have been easily arrested. * The Single direction of Fire Arm injuries also raise doubts about the encounter as both the dead bodies were lying at a distance of 3035 steps in the field. * The Fire arm injuries On the arm of Nahar Singh does not prove to be aqquired during encounter. There is a possibility that his arms were tied with soft cloth and killed in close range , Forensic expert opioned that a fire shot after passing from body only passes through another organ if it is fired from close range * The according to residents of Vill. Behniwal , the culprits were arrested at night on 26 April at about 8.30 Pm, And some article(SLR) were taken out from fuel wood heap after some time. * The role of heavily armed police party is doubtful at the time of escape of culprits from police custody. Demands and suggestions:* The police has killed the two person in revenge of killing of their companion Avtar Singh while escaping from police custody. They have crossed all limits of law and procedures of Judiciary. It is beyond doubt that such an act cannot be committed by lower rank of police employees without secretly planned by higher authorities, with purpose to miantain the terror of police. The CDRO Bulletin of state kept political leadership

mum which shows it is in conievence with police. * To mislead the public so that they would not raise their voice against undemocratic, unlawful actions of state,and to justify their act the police always terms the victims of an encounter as professional culprits, terrorists or anti national elements.( The killing of Ishrat Jahan in Gujrat is the frecent example of such acts). They allege that such culptits get exonerated from courts by using their clout, there-fore they should be eliminated in Police encounters. But all these acts are undemocratic, unconstitutional, and gross violation of well established International Human Rights. Any country claiming to be governed by an counstition and law baesd state, can not eliminate inconvienant persons in fake police encounters. The people should reject all arguments about these fake encounter and raise their voice against such acts of state. * In recent judgement , a supreme court bench in case of Rohatas Kumar v/s State, Rohtas was wanted in number of police cases by Mahendergarh and Riwari police, was claimed to be killed in fake encounter by Narnaul. The court held that encounter was fake, and awarded 20 lac as compensation, to the hiers of victim and guided that:(a) The authority enquiring about a police encounter should base its findings on facts of incident(encounter) , not on the character of the victim. The lessons should be drawn so that such incidents are prevented. (b) The police should register the FIR immediately whem heirs of victim complain. (c) The inquiry should be done by an independent agency.

* The polce has closed the further followup inquiry on FIRsof encounter (at Jhaurkian ) and escape of prisioners (At Mysar-Khnana) after the killing of Nahar Singh And Kulwinder Singh In alleged police encounter, and escape of Jaswinder Singh. So the people cant know the truth of the incidents..Association demands that after an inquiry from Judicial Authority Minimum from Session Judge, the guilty should be punished. * Since the kith and kins of Nahar Singh and Kulwinder Singh has alleged the encounter to be fake and both were killed after arresting them. Jaswinder singh has either been in illegal police custody or have been eliminated. As per Suprem Court Rulling An FIR should be registered and an enquiry from an independent agency should be odered under the supervision of court of law. * Jaswinder Singh who has allegedly absconding, should be traced and it must be ensured that police does eliminate him in order to bury the truth of fake police encounter.

Issued by: Prof. Ajmer Aulakh(State President) Prof Jagmohan Singh( Gen Sec) Association for Democratic Rights (AFDR, Punjab) 13July, 2013.

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JULY 2013 CONTENTS

A Report on Indefinite Dharna against the SP Government Rihai Manch UP Protest by the Delhi Metro Kamgar Union Resolution Proposed at the Citizens Convention Called by APDR A Not So Mysterious Death, PUDR Kolkata: Statements against the Arrest of Activists, NTUI, Maitree Kunan Poshpora Mass Rape Case Re-opened Manipur: Manufactured Consent and Destruction of LeiIngkhol, CPDM Uttarakhand Report of Workers Struggle, Subhashini Shriya Almond Workers Organize Workers Struggle Rally, KMU Statement on the Uttarakhand Catastrophe, ICJ Oppose Misrepresentation of Anti Violence, KNS ILCR on Repression of Workers at Maruti Suzuki, ICLR Acknowledgement of War and Crimes

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CDRO Bulletin