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Editor: NAGARAJA.M.R VOL.10 issue.19 .11/05/2016
Editorial : DALIT Judge dismissed for being HONEST ?
- An Appeal to Honourable Chief Justice of India
Chief Judicial Magistrate of Sukma District in Chhattisgarh state of India
Mr. Prabhakar Gwal is a Dalit , from oppressed class. Being from an
oppressed class , he best understood the sufferings of oppressed sections
of society , sufferings of people , tribals displaced from forests to make way
for big industries , MNCs. He understood the oppression of common public
by police , state machinery resulting in common mans human rights ,
constitutional rights violations. He understood the machinations of state
machinery to favor big industrialists , also he understood the misuse of
office by public servants all against the rule of LAW.
Sukma CJM Mr. Gwal sincerely did his constitutional duty , to uphold
rule of law and earned the wrath of powers that be , Criminal Nexus , he was
repeatedly interfered in his judicial duties , repeatedly transferred and now
unjustly dismissed from service without ANY ENQUIRY giving a chance for
Mr.Gwal to make out his case. Whereas some other selfish judges turned
their blind eyes to the sufferings of public , violations of law by public
servants , intentionally failed to uphold the law and got smooth sailing for
their own career.
Hereby , We urge the Honourable Chief Justice of India to order the
Chhattisgarh State Government :
1. To immediately reinstate Mr.Gwal into judicial service.
2. To make posting at the same place , same court of Sukma , so that he
can complete the cases concerning the powers that be to the logical
end.
3. To initiate criminal legal prosecution against district collector , police
officials , public servants who directly & indirectly interfered in the
judicial duties performed by Mr. GWAL.
4. To initiate criminal legal prosecution against Chhattisgarh High Court
Judges who instead of upholding rule of law , supporting Mr. Gwal in
his duties took sides with criminal nexus , powers that be and
repeatedly transferred him and now dismissed him from service
without enquiry.
5. To reopen all the buried cases which were dealt by Mr. Gwal and
buried by transfer of judge Mr. Gwal. To take action against ministers ,
public servants involved in those cases.

6. To initiate criminal action against sukma district collector , police


officials and Chhattisgarh High Court Judges on charges of Atrocities
against DALIT Mr. Gwal who was repeatedly harassed by them.
7. To initiate criminal prosecution under anti terror laws , against
present and past chattisgarh state government ministers , central
government ministers , police officials , public servants who were and
are responsible for creation of terror outfit SALWA JUDUM , its recent
terror child salwa judum 2. These public servants have indulged in
terror acts of salwa judum , by aiding & sponsoring it , which is against
law.
Date : 30.04.2016..Yours sincerely
Place : MysuruNagaraja.M.R.

To,
1.Honourable Chairman , National Human Rights Commision
(NHRC) , New Delhi.
2.Justice THAKUR , Honourable Chief Justice of India , SUPREME
COURT OF INDIA , New Delhi.
Honourable Sir,
Previous CJIs and present Honourable Chief Justice of India
Justice THAKUR have failed in their constitutional duties. It is the duty of
Supreme Court of India to Protect , Guard the constitutional rights ,
fundamental rights of every Indian citizen . Since 25 years I am appealing to
SCI about issues concerning public welfare , national security , etc and as a
result suffering injustices , my constitutional rights , human rights are
repeatedly violated but SCI is mum even when repeated appeals were made
to it. Paradoxically , after these appeals for justice , I have suffered more
injustices , attempts on my life were made , physically assaulted , livelihood /
jobs were denied , news publication closed , press accreditation denied ,
received threatening calls , blank calls, even to date rough elements follow
us , rough elements scout near home at mid night. Does not these indicate
some ties between rough elements & SCI Judges ?
I ,NAGARAJA.M.R. Editor , SOS e Clarion of Dalit & SOS e
Voice for Justice ( web news papers ) hereby do declare that information
given above are true to the best of my knowledge & belief. If i am repeatedly
called to police station or else where for the sake of investigations , the
losses i do incurr as a result like loss of wages , transportation , job , etc must
be borne by the government. prevoiusly the police / IB personnel repeatedly

called me the complainant (sufferer of injustices) to police station for


questioning , but never called the guilty culprits even once to police station
for questioning , as the culprits are high & mighty . this type of one sided
questioning must not be done by police or investigating agencies . if
anything untoward happens to me or to my family members like loss of job ,
meeting with hit & run accidents , loss of lives , death due to improper
medical care , etc , the jurisdictional police , revenue officials , District
Magistrate & Chief Justice of India together with above mentioned accused
public servants will be responsible for it. Even if criminal nexus levels fake
charges , police file fake cases against me or my dependents to silence me ,
even if my unnatural death occurs this complaint is & will be effective ,
valid. In such a situation also , in the absence of me the original complainant
still the supreme court must take forward the case in public interest as the
issues I have raised in my appeals , PILs concern public welfare , national
security and are relevant for ever.
If I or my family members or my dependents are denied our
fundamental rights , human rights , denied proper medical care for ourselves
, If anything untoward like hit & run cases , murder attempts , unnatural
deaths , etc happens to me or to my dependents or to my family members In such case Justice T S THAKUR Honourable Chief Justice of India together
with the jurisdictional revenue & police officials will be responsible for it , in
such case the government of india is liable to pay Rs. TWO crore as
compensation to survivors of my family. if my whole family is eliminated by
the criminal nexus ,then that compensation money must be donated to
Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI
as land arrears from the salary , pension , property , etc of guilty police
officials , guilty Judges , guilty public servants & guilty Constitutional
functionaries. Please dont refer the case to police , they dont have powers
to enquire high and mighty , previously police have failed. Supreme Court
monitored enquiry , investigation is a must to unearth the truth.
Read full details at : Justice THAKUR above Law ? Accountability ?
http://e-clarionofdalit.blogspot.in/2016/04/justice-thakur-above-lawaccountability.html#links ,
https://sites.google.com/site/sosevoiceforjustice/justice-thakur-on-trial
Please protect our HUMAN RIGHTS and provide us JUSTICE. Thank You.
Date : 30.04.2016..Yours sincerely,
Place : Mysuru.Nagaraja.M.R.

Chief Judicial Magistrate- Sukma district dismissed by Chhattisgarh


Government
The Raman Singh government has dismissed Sukma districts Chief Judicial
Magistrate Prabhakar Gwal from service in public interest, following the
recommendation of the Chhattisgarh High Court. Mr. Gwal, a Dalit Magistrate
was dismissed on the basis of available material (not in public domain)
without a internal/departmental inquiry.
On April 4 afternoon, Mr Gwal had updated the news of his termination via
his Facebook accountDISTRICT COURT DANTEWADA (918982620495):- //ORDER//
F.No.3335/987/XXI-B/C.G./16
Raipur, dated 01.04.2016
Government of Chhattisgarh state hereby, dismisses Shri prabhakar gwal,
Member of lower Judicial Services, Civil judge class-I and Chief judicial
magistrate, Sukma, from service in public interest with immediate effect.
District
and
sessions
Judge
South Baster dantewada C.G.
Earlier, Gwal had hit the headlines for alleging that a BJP legislator, Ramlal
Chouhan, had threatened him after he convicted five people in connection
with the leak of PMT question papers in 2011. His wife too had written to the
President alleging harassment, claiming that Gwal was transferred to Sukma
as a result of his judgment. Mr Prabhakar had accused a ruling BJP MLA of
threatening him over the judgment.
Mr. Gwal has had a history of exposing corrupt officials and politicians. While
Gwal was posted in Bilaspur, he had ordered an inquiry against government
officials and Police officers, for the infamous Bhadaura Land-Scam. The land
scam is known for involvement of a senior minister of BJP (Amar Agrawal).
Similarly, he had ordered for inquiry of Bilaspur RTO officials. He was then
transferred to Raipur, where he rejected to accept Closure Report in the case
of IPS Rahul Sharmas suicide. After that he was transferred to Dantewada.
Recently his phone conversation with Dantewada Collector had gone viral, in
which Collector had asked Gwal to consult him before ordering to file any
case.
He is known for taking strong actions against the executive arm of the
government and enjoys a public image of being an upright man. His
dismissal comes after his wife filed a civil case against 19 people including
judicial officers for harassing her husband. HC stayed that case, meanwhile
his dismissal was recommended.
A Dalit officer being dismissed in such a one-sided, clouded, swift manner
raises larger questions on the system itself. Was he an inconvenient man
who didnt understand the system and its norms? Did his voice against BJP

MLA (Ramla Chauhan), Mr Amar Agarwal and Mr Neeraj Bhansod (for


interfering in judicial work) made higher ups uncomfortable? These questions
are being raised after his dismissal. The ball is in the judiciary and
government court to clear and come out clean. A dismissal order by merely
stating, that it is in public interest doesnt fit the democratic norms in 2016.

Protests greet Chhattisgarh governments dismissal of Sukmas


Chief Judicial Magistrate
On 14 April, the Chhattisgarh government dismissed Sukmas Chief Judicial
Magistrate Prabhakar Gwal. A 2006 batch judicial officer, Gwal, belongs to
the Dalit community and has questioned the manner in which the police
have been indiscriminately arresting tribals in the conflict zones of
Chhattisgarh.
On 8 February, the Sukma Superintendent of Police complained to the
District Judiciary against Gwal stating that among other things he has been
granting bail to naxal accused and such decisions have adversely affected
the morale of the security forces and weakens the judicial process. It is
based on such complaints that Chhattisgarh government dismissed Gwal on
the grounds of public interest following the recommendation of the
Chhattisgarh High Court. The Indian Association of Peoples Lawyers (IAPL),
in a press release, has protested
against the dismissal of Gwal, calling it unjustified. It said: Police highhandedness and harassment of those involved in the administration of
justice is nothing new to the conflict zones of Chhattisgarh. Recently
advocates of the Jagdalpur Legal Aid Group (JagLAG) have been forcefully
evicted from Jagdalpur and pressure is being mounted on them by the police
administration and police backed vigilante groups to cease their legal
practice. JagLAG has been providing legal Aid to many tribals incarcerated in
Jagdalpur and Dantewada. Similarly Social activists such as Soni Sori and
Bela Bhatia and journalists like Malini Subramaniam,
Prabhat Singh, Santosh Yadav and Somaru Nag who have been raising issues
of Human rights violations by the police administration have been
threatened, attacked or even arrested. The IAPL has alleged that under the
pretext of Mission 2016, i.e., the present offensive launched by the
government to wipe out the Maoist movement in Chhattisgarh, the police in
these areas have been taking steps to see that no alternate voice emanates
from these areas. The IAPL has raised the larger issue of keeping the
judiciary away from police interference , following this dismissal.
Chhattisgarh jails are filled with tribals who have been arrested,

several false and fabricated criminal cases are foisted upon them and they
remain incarcerated for several years. Anyone who supports such tribals and
questions the policies of the state are branded as terrorists or antinational. In such a situation, the judicial system is their last hope. Hence, it
is vital that the judiciary be allowed to carry on its functions in accordance
with law and without any interference from the police, it has said. That the
dismissal coincides the recent briefing by the National Security Advisor (NSA)
Ajit Doval for the Supreme Court Judges at a retreat at the National Judicial
Academy, Bhopal, has led to concern among the observers. If police
excesses in the name of security concerns in conflict zones are to be
tolerated by the judiciary, and the judiciary meekly accepts such advice from
the Government, then the signs are ominous, according to an activist
lawyer, who has been fighting cases involving civil liberties. The IAPL has
alleged that executive interference in judiciary in this manner militates
against the basic structure of the Constitution which emphasises separation
of powers and independence of judiciary. Lawyers point out that if the
Executive is unhappy wih Gwals decisions, it has the option to appeal
against them in the higher courts. Dismissing a Judge, soley on the ground
of his decisions which were in favour of citizens, is inconsistent with the
concept of independence of judiciary, they suggest. IAPL has called upon all,
especially those from the legal fraternity to resist these moves to prejudice
the judiciary and also demanded the immediate reinstatement of Prabhakar
Gwal as the Sukma CJM. The press statement has been signed for IAPL,
among others, by wellknown advocate from Raipur, Sudha Bharadwaj.
Salwa Judum is illegal, says Supreme Court
In a blow to both the Chhattisgarh government and the Centre, the Supreme
Court has declared as illegal and unconstitutional the deployment of tribal
youths as Special Police Officers - either as 'Koya Commandos', Salwa Judum
or any other force - in the fight against the Maoist insurgency and ordered
their immediate disarming.
The ruling - issued on Tuesday by Justice B. Sudershan Reddy and Justice S.S.
Nijjar on the writ petition filed by social anthropologist Prof. Nandini Sundar
and others - strongly indicted the State for violating Constitutional principles
in arming youth who had passed only fifth standard and conferring on them
the powers of police.
The Bench said the State of Chhattisgarh shall forthwith make every effort
to recall all firearms issued to any of the SPOs, whether current or former,
along with any and all accoutrements and accessories issued to use such
firearms. The word firearm as used shall include any and all forms of guns,
rifles, launchers etc., of whatever calibre.

Writing the order, Justice Reddy directed the State of Chhattisgarh to


immediately cease and desist from using SPOs in any manner or form in any
activities, directly or indirectly, aimed at controlling, countering, mitigating or
otherwise eliminating Maoist/Naxalite activities in the State of Chhattisgarh.
The court directed the Centre and the State of Chhattisgarh to provide
appropriate security forthwith, and undertake such measures as are
necessary, and within bounds of constitutional permissibility, to protect the
lives of those who had been employed as SPOs previously, or who had been
given any initial orders of selection or appointment, from any and all forces,
including but not limited to Maoists/Naxalites.
The Bench made it clear that the State of Chhattisgarh should take all
appropriate measures to prevent the operation of any group, including but
not limited to Salwa Judum and Koya commandos, that in any manner or
form seek to take law into private hands, act unconstitutionally or otherwise
violate the human rights of any person.
The Bench said the measures to be taken by the State of Chhattisgarh shall
include, but not be limited to, investigation of all previously inappropriately
or incompletely investigated instances of alleged criminal activities of Salwa
Judum, or those popularly known as Koya Commandos.
The Bench held that the policy of the State violated the rights under Articles
14 and 21 of the Constitution of those being employed as SPOs in
Chattisgarh and used in counter-insurgency measures against
Maoists/Naxalites, as well as of citizens living in those areas.
The Bench was of the view that effectiveness of the force "ought not to be,
and cannot be, the sole yardstick to judge constitutional permissibility.
Whether SPOs have been effective against Maoist/Naxalite activities in
Chhattisgarh would seem to be a dubious, if not a debunked, proposition
given the state of affairs in Chattisgarh. Even if we were to grant, for the
sake of argument, that indeed the SPOs were effective against
Maoists/Naxalites, the doubtful gains are accruing only by the incurrence of a
massive loss of fealty to the Constitution, and damage to the social order."
The Bench said "The primordial value is that it is the responsibility of every
organ of the State to function within the four corners of constitutional
responsibility. That is the ultimate rule of law.
It said Indeed, we recognise that the State faces many serious problems on
account of Maoist/Naxalite violence.Notwithstanding the fact that there may
be social and economic circumstances, and certain policies followed by the

State itself, leading to emergence of extremist violence, we cannot condone


it.
The Judges said The attempt to overthrow the State itself and kill its agents,
and perpetrate violence against innocent civilians, is destructive of an
ordered life. The State necessarily has the obligation, moral and
constitutional, to combat such extremism, and provide security to the people
of the country.
Indian villagers 'crushed' between militia and Maoists
A controversial state-backed militia has been reincarnated to take on leftist
rebels in central India.
The violence that took place in this village nearly a decade ago is still visible.
Charred logs are all that remain of a razed home, and barren land has
replaced a once-thriving forest.
Residents of Bijapur district, in the central Indian state of Chhattisgarh, fear
the prospect of more fighting as a once-banned militia, Salwa Judum, has
been reincarnated to fight communist groups opposed to resource extraction
in the area.
Chhattisgarh has witnessed armed conflict for several decades now, partly
over the region's rich deposits of coal, iron ore, and bauxite. The Indian
government, which uses these minerals for electricity generation and steel
and cement production, has fought Maoist groups known as Naxalites.
They oppose large-scale mining, arguing it disrupts the socioeconomic fabric
of the forest-dwelling tribal people and harms the environment. The
Naxalites began their armed campaign in the 1970s because of what they
say is an unequal distribution of wealth.
In 2005, however, after nearly three decades of fighting the Naxalites, the
Indian government began arming a civilian group to fight its battles. This
militia, Salwa Judum, had a better understanding of the terrain and the local
language - and was more ruthless than Indian security forces. Many villagers
were forced to join the militia.
"The state was making us fight its battles," said Rosan Nikam, a Bijapur
resident for the past three decades, speaking of how civilians were armed.
"That had never happened before. The security forces fought the Maoists,
not common villagers."

Many Salwa Judum members were civilians who received arms training from
the state government. The young tribal members who were trained by the
government came to be known as Special Police Officers (SPOs) and Koya
Commandos.
"It was clearly a state-sponsored counterinsurgency programme," said
Nandini Sundar, an academic who petitioned India's Supreme Court against
Salwa Judum in 2007, a case that led
.02to the organisation's banning four years later.
About 670 villages in the Bastar region were affected by the ensuing
violence, and although the residents have by now rebuilt their homes, many
of them remain destitute.
The Supreme Court of India banned Salwa Judum in 2011, in light of the
human rights violations it found it had committed.
But in May this year, shortly after the Chhattisgarh government signed
agreements to build massive steel plants in the Bastar region, a group called
Vikas Sangharsh Samiti was launched by Chhavindra Karma, with the aim of
continuing Salwa Judum's struggle.
Salwa Judum had been led by Karma's father, the late Mahendra Karma, a
Congress party leader assassinated by Naxalites along with 12 others as
their convoy traveled through a forest in May 2013.
Chhavindra Karma claims that the Naxalites have killed 93 members of his
extended family.
"Salwa Judum started with peace marches in villages. The objective of these
marches was to make the people aware of Maoist excesses," said Karma. "It
is the state that began to train tribals with guns."
The militia's critics say it is impossible to think of Salwa Judum as separate
from the state. The SPOs and Koya Commandos drew their salaries from the
state, earning as much as 9,000 rupees ($138) per month.
The Supreme Court ruling banning Salwa Judum forbids the creation of
similar groups, but Vikas Sangharsh Samiti hopes to get around this by using
a different name and a different structure.
Authorities in the Home Ministry in Delhi and the state government in
Chhattisgarh did not respond to Al Jazeera's repeated requests for comment.
Chaitram Attami was a central figure in Salwa Judum, and used to call the
shots in the mineral-rich Dantewads region.

He is now a local politician and travels with four rifle-wielding bodyguards.


Attami lives in the Kaasoli camp, which is covered with barbed wire on all
sides and has armed paramilitary men manning the entry and exit points.
Given the public outcry against Salwa Judum's new incarnation, Attami is
taking a cautious approach.
"We will try and make it peaceful," he said. He admitted that Vikas
Sangharsh Samiti has begun to go into the villages to warn their residents
against supporting the Maoist agenda - which is exactly how Salwa Judum
began its activities.
Meanwhile, villagers who are not affiliated with Salwa Judum or the Naxalites
say they have borne the brunt of the violence. Many people in the south
Bastar region give dreadful accounts of how their lives were turned upside
down during the Salwa Judum era.
"We haven't completely recovered from the violence unleashed on our
villages a few years ago, and there is already talk of more violence coming
our way," said a 26-year-old man, who spoke on the condition of anonymity,
fearing reprisals from either government security forces or the Naxalites.
Nikam, the Bijapur resident, said: "My house was burned twice in 2007.
Everything I had, including my land documents, grains, bedding and clothes,
were burned down."
Today, he cultivates what he believes to be his land. He is not sure because
he no longer has his documents. If the authorities decide to evict him from
his land, he will have no proof to fight his case.
He said he does not dare to take on the security forces for fear of false
arrests, torture and extrajudicial killings.
And the Naxalites have been known to turn violent when villagers do not
support them with information, food, water, and shelter when asked to do so.
"I think we live between a rock and a hard place," Nikam told Al Jazeera.
"Sometimes, one is softer than the other; but mostly, we are crushed."

Salwa Judum's war on the people


Will the Supreme Court's Commissioners, ordered to carry out a fact-finding
inspection, be allowed to visit the cut-off villages in Dantewada and
Sukma in Chhattisgarh, and engage with the people on a long-term
basis? KAVITA SRIVASTAVA
The Supreme Court order of March 29, 2011 asking its Commissioners and
the District Collector to carry out a joint inspection in the three villages of
Tademtla, Morapalli and Teemapuram, in the Chintalnaar area of Dantewada
District is very significant and let us hope that the Apex court engages with
the situation in these villages on a more long-term basis so that relief
actually reaches and the people can rebuild their ravaged lives.
It maybe recalled that these three villages were attacked and burnt down by
COBRA and Koya Commanders and SPOs of the Chhattisgarh Police on March
11 and 16, 2011. The plan of the Government of Chhattisgarh is very clear,
which is to use the front of the Salwa Judum and SPOs and push these people
out from their villages into either migrating out of their homelands into the
Salwa Judum camps or to join the IDPs in Khammam, AP or go deeper into
the forest area and join the Maoists or stay in the village and die of hunger.
This tactics is not new. All this is being done in order to shrink the mass base
of the Maoists.
Documented state violence
This is how it was done in 2005 and the first report of the PUCL, PUDR,
carried out under the leadership of Dr. Binayak Sen, called When the State
makes War against its own People, clearly documented this. This was also
highlighted in subsequent human rights reports by various organisations and
individuals. After all, in the first phase of the Salwa Judum, they pushed
people out of their homes, hearth, farms, fields from hundreds of villages. It
is ultimately a game of who will actually control these lands. So, as it was
then so now, prevent people from being accessed, cut all communication and
supply lines to the village and let them either join us or them or die.
Thus it is a test whether the SC Commissioners will be allowed to go to the
area by the Chhattisgarh Government as the five earlier attempts in the last
one week made by people to reach these areas from the Raipur-JagdalpurSukma route was thwarted by stage-managed obstructions. And if they do

manage to go, will it be sustained by allowing supplies and communication


from being established?
The latest in the series of preventing the affected villagers from getting any
aid was that of the team of 10 Congress MLAs whose attempt of going on
March 29 with relief supplies was obstructed by the same set of people with
the support of the police.
Ex-Minister turned back
The Congress team was led by Ex Home Minister Nand Kumar Patel. They left
Sukma with food supplies at about 10.00 a.m. and proceeded towards
Chintalnar. This team too was stopped at the same village Polampalli, where
the Collector was stopped on March 24, 2011, by a group of about 25 SPOs
and Salwa Judum persons only. The IG, Long Kumar of Bastar who was
escorting them, instead of stopping the hoodlums prevented the Congress
MLA team from going, saying that he could not provide security to them as
there was a risk involved in going to the villages of Tadmetla, Morapalli,
Teempuram. When the MLAs insisted that they would go as they argued that
this kind of resistance was routine for politicians, they were told they would
not be allowed. The IG, instead of using his command and stopping the SPOs
and Salwa Judum personnel from breaking the law, arrested and brought the
MLAs to Dornapal, where they were released on personal bonds. The
Congress MLAs left for Raipur by evening to raise the issue in the State
Assembly.
A day earlier, on March 28, on the instructions of the District Collector, the
Dornapal village Naib Tehsildar, Vijendra Patil, tried to take relief to the three
villages. At around noon he was stopped and not allowed to proceed. When
the ASI Dhruv tried to clear the obstruction at Polampalli he was stopped by
an SPO.
In the police hierarchy the SPO would be at the lowest rung, but here they
are the war lords. They even refused to take instructions from the District
Collector and the Divisional Commissioner who tried to go there with supplies
on March 24. They threatened the SDM who went ahead with the supplies,
then on March 26, Swami Agnivesh was stopped twice, although he was
being taken by the Additional SP Marawi in his own vehicle, they did not
spare their own senior and threw stones and smashed the vehicle. It took the
Additional SP two days of struggle to get an FIR lodged as the local police
station would not lodge a case against the Salwa Judum and SPO lords of the
region. And, of course, IG Long Kumar also does not want to exercise his
control over them.
Which means that till now, all those who have attempted to visit those areas
from the Sukma end have been prevented by the Government from going

there. On March 20 and 21, the Times of India and The Hindu reporters were
prevented from going to the area. They could only reach there through a
longer and difficult alternate route. The All India team of members from the
democratic rights organisations who went there on the same dates as Swami
Agnivesh could reach and conduct a fact finding could do so because they
took a third route to get there. This the first fact-finding team that visited the
area after September 2009, since the PUDR team had gone to Gompad area
when 16 people were killed by CRPF and other forces in its Operation Green
Hunt intervention. And subsequently teams were not allowed to go to the
affected areas (A women's team was not allowed to visit Samsetti village to
study a gang rape case on December 15, 2009. Professors Nandini Sundar
and Ujjwal Singh of DU were chased out of Dantewada and Sukma, were not
allowed to stay in any hotel on the eve of the new year of 2010. Then Medha
Patkar and Sandeep Pandey led a NAPM team of 40 people in early January,
2010 and they too were harassed and were not allowed to move freely into
the areas to hear the woes of tribals and then in May 2010 a team led by
Prof. Yashpal and 40 other intellectuals met the same fate).
Urgent questions
Now suppose the SC Commissioners are taken by chopper from Raipur to
these villages, then they will have to go alone and not with a local team of
journalists or villagers who can be objective local guides for such visits. And
then having gone once will they be able to sustain the access of supplies
with the help of the Supreme Court? Who will monitor it there? Till public
access of these villages is not assured nobody will know what is happening
there.
The news of how a Government lets its lesser people be killed, raped, their
houses and granaries burnt, allows them to live in conditions of food scarcity,
perhaps even die of starvation does not even make it to the national
channels. Soon this will be forgotten, till the Maoists strike back and then we
will only see channel after channel breaking news, calling the poor tribals,
terrorists, monsters and killers. And the human rights workers will be verbally
flogged with the pitch of the anchors going higher and higher on these very
channels.
Would not the Chhattisgarh Government be responsible for that eventuality,
if it ever happens? We should all raise our voices and stop this from
happening.
Kavita Srivastava is a national secretary of the People's Union for Civil
Liberties, Rajasthan and is the petitioner in the Supreme Court in the PUCL
petition on the Right to Food.

having gone once will they be able to sustain the access of supplies
with the help of the Supreme Court?

Salwa Judum-2 is born in Bastar


Salwa Judum founder Mahendra Karmas son Chhavindra Karma and former
leaders of the anti-Maoist militia formed Vikas Sangharsh Samiti on
Monday in Dantewada district of Chhattisgarh, which will carry forward the
work of Salwa Judum in Bastar.
I had invited all the leaders and workers associated with the Salwa Judum
for a meeting on Monday. The new samiti will strive to bring peace to
Bastar, Chhavindra Karma told The Hindu .
Padyatra
Asked if it could be called Salwa Judum part two, Mr. Karma said, Yes, you
can call it so. The new outfit will undertake padyatra (marches) in various
parts of Bastar to spread awareness against Maoism. We will seek the help of
the State government so that our awareness campaigns would be followed
by development works in the region.
The Supreme Court had declared the Salwa Judum illegal and
unconstitutional and had ordered its disbandment in 2011.
Peaceful movement
Led by former Congress leader Mahendra Karma, the anti-Maoist militia was
blamed for large-scale forcible displacement of Bastar tribals and extrajudicial killings.
The Salwa Judum part two will be peaceful. Our main aim is to finish Maoism
in Bastar and bring development.
Already more than 18 village panchayats have banned the entry of Maoists
in their villages, claimed Mr. Karma.
Chaitram Mattami, P.Vijay, Sattar Ali and Sukhram Dadi, who had led Salwa
Judum in their respective areas in its first edition, attended the meeting on
Monday.

Chaitram Mattami, P. Vijay and Mr. Chhavindra Karma would be leading the
new anti-Maoist outfit and its first major event will take place in Karmas
ancestral village Faraspal in Dantewada on the second death anniversary of
Mahendra Karma on May 25. He died in a Maoist attack in 2013.
All Salwa Judum leaders from Konta block in Sukma to Bhopalpattnam block
in Bijpur district of Bastar attended Mondays meeting, claimed Mr. Karma.

In Chhattisgarhs Bastar, a front similar to Salwa Judum is


taking shape

A decade after Mahendra Karma launched Salwa Judum, the slain Congress
leaders son Chhavindra is trying to start another movement against Maoists
in Chhattisgarh.
A decade after Mahendra Karma launched Salma Judum, the
slain Congressleaders son Chhavindra is trying to start another movement
against Maoists in Chhattisgarh, looking for police and government support
and raising fears of a rerun of the violence. Ashutosh Bhardwaj reports
from Bastar
The coincidence is stark. Exactly a decade ago, on June 4, 2005, the
Chhattisgarh government signed an MoU with the Tatas for a mega steel
plant in Bastar, with Maoists being the only hurdle. The following day, Salwa
Judum was launched to evict Maoists from the region, a move that went on to
define the last decade of the insurgency.
Last month in Dantewada, in PM Narendra Modis presence, the Raman Singh
government signed MoUs for an ultra mega steel plant and a rail line in
Bastar. Meanwhile, a front similar to Salwa Judum has been taking shape.
The earlier movement was led by the late Mahendra Karma; the new one,
called Vikas Sangharsh Samiti, is headed by his son Chhavindra.

The beginning of the Samiti too sounds eerily familiar. In 2005, Karma began
padyatras across South Bastar urging tribals to come out of their villages and
live in camps for a decisive battle against the Maoists. Now, Chhavindra
plans similar campaigns with former Judum commanders. He has sought
government support and police protection, and said he is ready for any
qurbani.
The possibility of what this will lead to chills many people. In the 30 months
of Salwa Judum before it fizzled out in 2007, Chhattisgarh saw the deaths of
325 security personnel, 609 civilians and 165 suspected Maoists. Thats
1,099 deaths, or a death a day; Judum leaders say the number is far higher.
A little away from the Faraspal home of Karma stand a series of monuments
built in the memory of his relatives. Near the home is Karmas statute with
folded hands.
Including my papa, 95 people of my family have been killed in this battle.
They say I am doing raajniti. I carry the family responsibility of freeing this
area from Naxals, says Chhavindra, 34. He insists there wont be any
violence this time, but with police already declaring support, he knows what
hes preparing for. Is ladai men qurbaniyan deni hi padengi (this war wont
be won without sacrifice). Let the first bullet hit my chest.
As of now, Chhavindra or the new front has little popular support or military
strength. It hopes the government support will turn things its way. The plan is
to go on padyatras and tell villagers to stop supporting Maoists just like
Karma had done once.
Remains of Salwa Judum
At its peak, Judum had around 100 major leaders. Just around 15 are alive
today.
Mahendra Karma had three chief lieutenants heading a district each
Soyam Muka in Sukma, Chaitram Attami in Dantewada and Mahadev Rana in
Bijapur. Rana was killed. Attami, uprooted from his village a decade ago, lives
in a Salwa Judum camp, while Muka, also uprooted, says he has lost more

relatives than anyone else. You will find maximum Soyams in the list of the
killed, he adds, as he mentions his deceased elder brother Soyam Mukesh.
A primary teacher, Muka had picked up the gun at the call of his mama,
Karma. Chhavindra wants him to join the new movement, but Muka says,
After Karmas death, I lost faith. When he was alive I thought if he could
defeat death, so could I.
Another Judum leader, Sattar Ali, was in Karmas vehicle when Maoists
attacked the Congress convoy in May 2013. When the Maoists opened fire,
Karmaji came out. He offered his life and saved all of us.
Chhavindra, who accompanied his father during the Judum campaigns, is
banking on his fathers stature. When Salwa Judum was on, whose
statements were published? The CMs? No, it was Karmajis, he says.
During the assembly election campaign for their mother Devti, Karmas sons
had accused Raman Singh of betraying their father. It was a mistake to have
taken the support of the government during Salwa Judum. Raman Singh
withdrew later, they had said. Of late, Chhavindra has been making public
calls for government support again.
The government imprint
Dantewada stands at the confluence of rivers Dankini and Shankhi, names
with diametrically opposite meanings. Dankini means a sting, Shankhi the
holy conch. Led by a Congress leader, supported by the BJP government,
Salwa Judum too had dichotomy as an intrinsic part.
That continues. Dantewada BJP zilla panchayat member Chaitram Attami was
on stage when Chhavindra, a Congress secretary, and others announced the
formation of the new Samiti. Days later, Attami was overseeing laying of a
helipad in Dantewada for PM Modi to land on.
Attami had controlled Judum operations in Dantewada the last time too,
earning Z category security. Guarded by 16 cops, he lives with his wife and a
baby in a camp at Kasauli.

Speaking at Karmas death anniversary last month, Bastar IGP S R Kalluri


declared his support for the Samiti. The national media has misrepresented
Vikas Sangharsh Samiti and wrongly compared it with Salwa Judum so that
someone gets a chance to go to the court against it, he said. Kalluri
asserted Salwa Judum was not properly defended in court, and should
anyone challenge the legality of the new front, he will defend it.
Chief Minister Raman Singh believed that Salwa Judum was a peoples
movement, a jan andolan. He hinted at government support to the front:
On the issue of garnering consent among people, making them ready and
creating a certain atmosphere there should be awareness. If we stand up
against Naxals on the streets and bring villagers along, I have to ensure they
are protected.
The state Congress has rejected the new campaign. The Supreme Court
banned special police officers. The Congress distances itself from this
venture, says PCC chief Bhupesh Baghel.
The forgotten camps
Across the road from Bastars first fortified police station, in Dornapal of
Sukma, is the largest Salwa Judum camp. It once had over 25,000 uprooted
tribals from 72 villages.
Tiny huts crowd narrow lanes. A wistful Janaki Kawasi, 32, rushes closer.
Have you been to Jagargunda? My village Milampalli is not far from there.
How is it now? she says. Then, her voice drops. I know, nothing can be left
now. Its all deserted.
Since she came here in 2007 with her husband, she has become a zilla
panchayat member from the BJP. Yet she longs for home. Whats here?
Everything got left there.
Over two dozen such camps came up in South Bastar as around one lakh
tribals left their villages, not all of them by choice.
Most Judum camps came up along highways or roads, but the heavily
fortified one in Jagargunda is in the wilderness. It houses over 4,000, who

wanted to stay closer home and ended up vulnerable. Janakis father-in-law


Kawasi Hadma was among those who stayed back. He was killed last
November.
Vetti Meena recently gave birth to a son in the Dornapal camp and grieves
that he is confined. Her husband was an SPO and is now posted 50 km away.
She resigns herself to fate: Policewale kabhi nahin laut payenge. Yahin
marna hai ab (Policemen wont ever be able to go back. We will die here.
There are 184 families still at the camp where Attami stays, at least 100 of
SPOs. The government has stopped providing rations. Guarded by police,
they live in constant fear of attack. Maoists had attacked a Salwa Judum
camp in July 2006 in Errabore, leaving 32 dead, including two babies. They
had also abducted 42 and publicly executed six.
In the 2013 polls, which Karmas wife Devti contested, his sons promised to
ensure the return home of camp inmates. Eldest son Deepak calls the
conditions in the camps Judums biggest failure. Tribal girls faced the worst
sexual harassment by security forces, he says.
How could my father have checked or foreseen that? It was the task of the
government to run these camps. But the government stopped giving them
even rations.
The renewed fear
Salwa Judum had effectively given the Maoists a boost. Though present in
Bastar for over two decades, they had limited dominance or military
capacity. As Judum leaders pushed villagers out of their homes, the SPOs
were accused of torture. At least 5,000 locals joined the Maoist ranks during
those months. From small dalams, Maoists graduated to platoons, companies
and battalions.
Kichhe Nanda is among the SPOs facing rape charges. He denies that at first,
then lashes out bitterly, We were young, given rifles, and told to hunt for
Naxals. There were atrocities from the other side too, he says.

Editor of daily Bastar Impact Suresh Mahapatra recalls the Rani Bodli attack
of March 2007, when 55 policemen and SPOs were killed. This incident was
the defining point in my life. When I saw half-burnt and beheaded bodies, it
occurred to me that this war had no rules now, he says.
Attami, among the earliest SPOs to sign up, says: You talk about police
atrocities, but do you know what the Naxals did? Agar beta ko maarna hai to
maa aur baap ko us par patthar marne ko bolte the (If they wanted to kill
someone, they forced his parents to throw stones at him). Accusing the
Maoists of dragging them into battle, Attami adds, They had a grudge
against capitalists. Why didnt they kill them themselves? We tribals knew
nothing about the world, but they made us fight their battles. Is it janvaad?
Sukhdev Tati reflects they were left with little choice: either become Maoists
or fight with police. We wanted it to be peaceful, but Salwa Judum had
aggression. It failed as we could not tell people what our aim was.
However, many of the tribals have no enmity towards the Maoists. Adivasi
log hi to mar rahe hain. Yahan bhi adivasi, wahan bhi, says Janaki. Teacher
Mandavi says it emphatically. They (Maoists) are our own people. We dont
want this violence.
Once again the terror and oppression of Salwa Judum is going to start.
Bastar could be protected only if this campaign is defeated, said a recent
Maoist statement urging people to rise against the proposed Salwa Judum2.
Where they are now: Key survivors from Salwa Judum
Soyam Muka: Congress member, lives in Konta away from his Gaganpalli
village he left during Judum. Farming. Moves without vehicle.
Karma family: Mahendra Karmas wife Devti Karma is a Congress MLA, two
of her four sons hold positions in the Congress.
Chaitram Attami: Dantewada BJP zilla panchayat member, uprooted from
his village, lives in a Salwa Judum camp in Kasauli, Dantewada.

Sukhdev Tati: BJP member, farmer in Dantewada.


Sattar Ali: Contractor, runs trucks, lives in Jagdalpur.
Vikram Mandavi: Congress member, contested 2013 assembly polls from
Bijapur.

O, JIHADIS, FREEDOM FIGHTERS, TERRORISTS & NAXALITES


INTROSPECT YOURSELF

Kashmiri militants claim they are fighting for kashmiris, when the
very same kashmiris were suffering from loses due to earthquake
why didn't the so-called jihadis didn't make any relief efforts?
Why didn't their foreign master Pakistan didn't make any relief
efforts? Within the pak occupied Kashmir ( pok) itself, Pakistan
didn't make appropriate relief efforts. It is government of India &
international community who provided proper & timely relief.
The foreign powers are not at all interested in your well being. They
are ready to spend millions of dollars for aiding terrorism, but
not ready to spend a few hundreds for your education , health
care or self employment schemes through NGOs. The fact is they
don't want your well being, they don't want you to prosper, live
peacefully. The ultimate objective of these foreign powers is to
take you on the path of self destruction, destruction of your
motherland & to finally usurp the power, to subjugate you into
slavery in turn looting the resources of your country.
Ofcourse, in India there is rampant corruption. Still democracy is
live & kicking in India, it is the best form of governance. You
have got real examples of countries in Africa, latin America,
wherein the countries have secured independence through
separatist / terrorist movements. The terrorist leaders
themselves have become prime minister / president of newly
independent countries. Now, they are more corrupt & barbaric
than their predecessors . even after getting independence, the
lives of commonfolk has become bad to worse. By
independence , only leaders have benefited. Will you lead
another struggle ? this is endless, as the selfishness , greed of
leaders knows no bounds.

In the past, government of India aided tamil separatists, Pakistan


terrorists, etc, butchering innocents. The government of U.S.A
aided terrorists in Africa, afghanisthan, latin America ,
murdering innocents. Various countries have aided terrorism
while preaching peace. These barbaric acts were motivated by
selfish, corrupt, ego-centric leaders. Now, in the bomeerang
effects of their actions, innocents are dying in bomb blasts, etc.
Violence breds violence. Peace & compassion results in all round
harmony, prosperity. Every human being must struggle against
injustices in a peaceful & legal manner. The struggle must be
against the corrupt system, for that peaceful struggle democracy
is the best forum. Don't be pawns in the hands of foreign
powers, politicians. They are not at all interested in your welfare,
well being. At the end, it is the leaders who become ministers &
amass wealth through corruption. The common folk like you will
remain as fiddlings, minions forever.
Just imagine yourselves in the place of victims of delhi serial bomb
blasts
(29/10/2005) or Mumbai blasts of 26/11/08 . just
imagine the plight of little child MOSHE who has lost both his
parents , imagine Your mother & wife are crying, your children
are dead , your father's hands & limbs are ripped apart in the
blast. How does it feel to be one ? no religion, no god asks it's
followers to cause destruction. All religions, gods are full of
eternal love & compassion. Let that god shine his light, upon you
all on the violent path.

Whether it is in india or else where , democratic system is best form


of governance. The people in those countries suffer due to
corrupt public servants . in all such cases , the legal , non violent
fight must be against the corrupt people , corrupt police ,
corrupt judges , CORRUPT public servants but not against the
system itself.
Let us build ram rajya of mahatma's dream through non violent
means within the existing democratic framework . Jai Hind.
Vande Mataram.

Yours sincerely,
Nagaraj.M.R.

Imposition of Industrial Projects Cause of Naxalism , SALWA


JUDUM
India is a democratic country with self governance of people.
Members of Legislative Assemblies and Members of
Parliament are elected by people to be their representatives in
the respective houses. These MPs , MLAs must represent the
aspirations of people in their constituency in the floor of the
house. They must not work against the aspirations of people ,
in that case representative role ceases. When a people say in
bastar district doesnt want a particular industrial project in
their area and communicate it to the government through their
MPs & MLAs , who the hell MPs , MLAs , State Government
Ministers & Central government ministers are to impose it on
those particular area people. It is illegal , breach of
democracy. In these type of impositions , public servants take
sides with big industries , MNCs which flout many laws and
pays a pittance as compensation to people. Gross injustices are
meted out to public , which raises discontent in public. Fertile
ground of discontented public is used by criminal elements to
raise terror out fits like naxalites , salwa judum , etc. Law must
be held high , naxalites , salwa judum cadre must be dealt with
the same footing on the same ground and root cause must be
addressed by government. Any displacements of people , invite
to big projects must be done as per the aspirations of people , if
people dont want a project , a skewed model of development ,
reject it. Who the hell government ministers are to impose it on
people . Ministers are public servants not dictators to impose
on people.

A B C D of Democracy A Lesson for all peoples representatives


HOW MPs ,MLAs , Ministers - PEOPLES REPRESENTATIVES MUST
FUNCTION

People are the kings , self rulers in a democracy . Peoples


representatives must just represent the wishes , aspirations of
people. Example : PEOPLE are nothing but land owners , MPs ,

MLAs , peoples representatives are just GPA Holders. The


Electorate Citizens of India are SUPREME than Parliament ,
Ministers and all Other Institutions. When people in
Jaitapur , Maharashtra state of India and People of Koodankulam ,
Tamilnadu are totally against a nuke plant in their area and they
dont want it , still the authorities are forcing this project over their
head.

Since 68 years of independence , In India the learned IAS babus &


Netas are forcing their agendas , SEZs , Projects over the people for
their own selfish gains , against the wishes of people. This is not
DEMOCRACY.
In india, indirect democracy is the form of governance. In this form,
people's representatives are bound to raise the questions , issues
concerning their constituents on their behalf , on the floor of the
house. However the sad part in india even after 68 years of
democracy , is the lobbying is at it's peak. The lobbying is a
gentleman's white collared crook's way of forming favour seeker's
group , creating a corpus to pay lumpsum bribe & influencing
decision making.

The people's representatives are bound to represent their people


first , then their party & party think tanks. India has come to this
sorry state of affairs , widespread corruption , huge black economy
& rampant poverty, all due to inefficient legislations &
enforcements.

These think tanks & IAS lobby, consider themselves as most super
brains on earth & gives out suggestions . the present state of affairs
is a barometer of their brilliance. Take just one case for the
brilliance of our cabinet ministers & IAS babus , In India nearly 50
crore people are barely surviving on a single piece meal per day ,
hundreds of people are dying due to HUNGER & MALNUTRITION at
one end at the other end thousands of tonnes of food grains are
rotting away , wasted in FCI Godowns (ie the food procured by the
government) , what brilliant ministers & IAS officers ? These think
tanks & IAS lobby are the hand maidens of lobbyists / bribers.
Now consider the following example :

Mr.raj gandhi is a member of parliament from mandya constituency


in karnataka state. He is a MBA graduate & member of ruling Indian
progressive party. The multinational giant M/S GREY HOUND
CORPORATION wants to enter into paper manufacturing business
in india. It's sight falls on the public sector paper giant mandya
national paper mills (MNPM) in mandya district of karnataka. The
MNC effectively lobbies with the government. The ruling party think
tank & the cabinet advisory group recommends to the government
to make strategic
disinvestment in the PSU M/S MNPM. They bring out graph with full
power point presentation stating that it is good for the company as
well as the government. The lobbyists follows it up with media
reports on the positive aspect of strategic disinvestment. A
favourable impression is created in the minds of literate public. The
cabinet
committee okays it.
The " strategic dis investment issue " comes before the parliament
for legislation / approval. The ruling party issues a party whip to it's
members to vote in favour of dis investment. However M.P mr.raj
gandhi who is an MBA in his own wisdom also favours the dis
investment. However ,most importantly the constituents people in
mandya parliamentary constituency through protest marches , mass
post card campaigns lakhs in numbers expresses their disagreement
with the dis investment & urges their MP mr.gandhi to vote against
the disinvestment legislation.
On the D-day in parliament , mr. Raj gandhi as per his party whip &
his own wisdom votes in favour of strategic disinvestment
legislation, much against the wishes of his people , constituents &
mis represents them in parliament. the democracy has failed here.
in This way democracy is being derailed since 68 years in india.
In democracy, party whip , MP or MLA's own wisdom / brilliance,
think tank & IAS lobby recommendations are all secondary , the
constituent's of his constituency , people's wishes aspirations are of
primary importance & supreme. What people need is a honest
representative, who simply delivers the people's aspirations on the
floor of the house back & forth , without superimposing it with his
own ideas & party ideas. For true democracy , the people's
representatives must be true postmans.
Towards this end , the people must be educated about their

democratic rights & responsibilities. This is an appeal to the honest


few in the parliament & state legislatures to weed out their corrupt
colleagues , lobbyists, to uphold the dignity of the house & to install
democracy in it's true form.

Naxalism a result of an oversight of statutes, says SC

Emphasising on validation of rights of tribals and forest-dwellers over the


forest lands, the Supreme Court has said that Naxalism was a result of an
oversight of constitutional provisions relating to administration of schedule
areas and tribes of the country.
"Nobody looks at Schedules V and VI of the Constitution and the result is
Naxalism. Urbanites are ruling the nation. Even several union of India
counsel are oblivious of these provisions under the Constitution," said a
Bench led by Justice A K Patnaik.
The Bench made a reference to Schedules V and VI as they contain various
provisions relating to administration and control of scheduled areas and
scheduled tribes in several parts of the country. These provisions apply to
states like Andhra Pradesh, Jharkhand, Gujarat, Himachal Pradesh,
Maharashtra, Madhya Pradesh, Chhattisgarh, Orissa and Rajasthan and
Northeastern states such as Assam, Meghalaya, Tripura and Mizoram.
Essentially these Constitutional provisions, with the help of plethora of
judgments by the apex court, act as a guarantee to indigenous people on the
right over the land they live in and its produce.
During a recent hearing on fresh guidelines over tiger reserves, the Bench
made certain queries from Additional Solicitor General Indira Jaising over the
Centre's proposal to relocate indigenous people who were still living in the
core areas of tiger reserves.
The ASG had informed the Bench there were around 43,000 families still
residing in core areas of tiger reserves and that the plan was to gradually
move them out after proper consultation with Gram Sabhas. On being asked
about the legal provisions to support the argument, she also read out from
the 2006 Forest Rights Act and the Panchayat (Extension to Scheduled Areas)
Act.

Asserting that all stakeholders should first ensure the legal rights of the
tribals are not violated, Justice Patnaik said their rights must be settled in
accordance with the provisions of the law.

"There is apparently no human-tiger conflict at least as far as these tribals


are concerned. Everyone must remember that forests belong to forestdwellers. British government considered forests of immense value and said
through laws that all forests belonged to government. These people were
brought down to poverty and they couldn't earn their living. They will be
arrested for consuming the forest produce; such was their law," said Justice
Patnaik.
His concerns were echoed by senior advocate Dushyanat Dave, who said
forest-dwellers used to get arrested trying and collect wood or pick fruits
from the forests.
The Bench, however, seemed satisfied with the promulgation of the 2006
Forest Rights Act and said this situation was sought to be reversed by the
new legislation as it sought to identify their rights.
"One law can make a big difference. Zamindari abolition law is a good
example how a law can reverse the situation," said Justice Patnaik, adding it
was not the state but its forest departments' officers who did not want to
give up their control over the forests.
At this, the ASG said the Centre was conscious of its duty towards protecting
the rights of forest-dwellers and would relocate them after following the legal
process.

edited , printed , published & owned by NAGARAJA.M.R. @ : LIG-2 /


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