To,
The Hon’ble President
Government of India,
New Delhi – 110011
Subject: An Appeal for legal action against Dr. Rajendra Surwe, the SDM
and Shri Praveen Mishra, the Tehsildar of Pathalgaon, Dist. Jashpur,
Chattisgarh, India for the Illegal demolition of the monument of St.
Francis Xavier and the boundary wall of St.Xavier’s School, Bandiakhar,
Pathalgaon, Dist. Jashpur, C.G. and misuse of power in the illegal arrest
and detention of six Catholic Priests, three Nuns and two representatives
from the general public, respectively, a lady and a gentleman.
Most Hon’ble President,
Trusting on your guardianship to the Tribals and the Minority Communities
in India, this is to bring to your kind notice on the above mentioned
subject as hereunder :-
1. A case was registered before the hon’ble court of SDM Pathalgaon,
Dist Jashpur, C.G. under section 170-B, of C.G. Land Revenue Code, case No.
46/A23/05-2006, Rupen and others vs. Cyril and others, which took a serious
turn on 2nd of February 2006 at 8.am, when the SDM Pathalgaon, Dist.
Jashpur C. G. came with a bulldozer and forcefully started demolishing the
compound wall of St. Xavier’s School, Pathalgaon and the monument of St.
Francis Xavier, where the students and the faithful used to offer their
prayers everyday. This cruel act hurt the religious freedom and sentiments
of the Christian community.
2. Moved by the situation, the well-wishers who witnessed this illegal
demolition walked towards the SDM’s office Pathalgaon to submit a
memorandum, expressing their grievances and apprehensions of further
damage. Thereafter Fr.Theodore Toppo, S.J.; Fr. Christdhari Kujur, S.J.;
Fr. Stany Tirkey, S.J.; Fr. Elphis Minj, S.J.; Fr. Pancratius Minj, S.J.;
Fr. Athanas Lakra, S.J.; Mr. Joseph Bara, the Catholic Sabha President, Sr.
Sangeeta Minj, H.C.; Sr. Ruth Toppo, H.C.; Sr. Elizabeth,H.C.; and Mrs.
Laurencia Lakra, a teacher went inside the SDM’s office to meet the SDM to
express their apprehensions.
3. In the SDM’s office those eleven representatives were not even
allowed to exercise their Fundamental Rights to speak or express
themselves, instead they were abused and accused of false allegations, like
indulging in communal violence and unrest, in which even the B.E.O. Mr.
B.K.Singh, Pathalgaon was also involved in false accusation. The
representatives were threatened of being shot by the SDM, who had a double
barrel gun on his table.
4. In the SDM’s Office the eleven representatives were locked from
inside and their Tarang Phones were ceased. They were not allowed to
contact any one outside. And in the mean time charge sheets were prepared
against them and a case u/s 151,107 and 116 was registered under case No.
04/2006. No preliminary order was passed and no information as such was
given to them as per arrest and the registration of case against them. Not
even their relatives and family members were informed about their arrest
and jail warrant. All of a sudden, the eleven of them were boarded in a
vehicle to be taken to Jashpur jail, some 102 K.M. away from Pathalgaon,
but after reaching Kansabel some 36 K.M. way from Pathalgaon the three Nuns
and the lady were brought back to Pathalgaon.
5. Mrs. Lawrencia, a co-convict, requested the authorities to let her go
because she has got two small kids at home. At this point the SDM was very
harsh and rude to her, saying, “I am not responsible for your kids, I don’t
care whether your children live or die. It is none of my business.”
6. There were no lady police constables at the time of arrest and
imprisonment of the Nuns and the lady. When the Nuns and the lady were
being taken to the district jail Raigarh some 110 km away from Pathalgaon,
they were completely unaware about being imprisoned. On the way they were
neither offered water to drink nor were they allowed to go for short calls.
They reached Raigarh jail late at night, at about 8.30 P.M. They were not
given any food to eat. All these are the violations of Human and
Fundamental Rights of a human person.
7. For no reason Fr.Lalit Kumar Ekka, S.J. S/O Julius Ekka, a tribal
Jesuit Priest, was dragged ruthlessly by the SDM’S reader Shri Rawani and
Shri Bajrang Sharma, a lawyer inside the SDM’s chamber. He was abused,
flogged, beaten and illegally detained at the bathroom of SDM’s chamber for
about four hours, from 10-00 A.M. to 2.00 P.M. He was abused with filthy
languages, tortured and assaulted physically and mentally by the S.D.M.
Shri Rajendra Surve, the Tehsildar Shri Praveen Mishra, SDM’s reader Mr
Rawani and an advocate, Mr Bajrang Sharma. His video camera, a bunch of
keys and other personal cassettes were also snatched away by them. The
Tehsildar threatened Fr.Lalit Ekka, S.J. to bury him alive if he speaks
about it outside. “Main tumko jinda gad dunga, tumko chhodunga nahin,dekh
lunga kya kar loge” He used such filthy languages, like, “sale mandar chod,
tahsildar murdabad kahte ho, main tumko mar dalunga.” Many such filthy
languages were used by all those involved in these inhuman and illegal
atrocities.
8. The women standing outside kept shouting for the release of Fr. Lalit
Ekka, S.J. and finally he was released after four hours of illegal
detention. When he came out his face was swollen all over because of
physical torture. Due to physical and mental torture he was so much
frightened that he was unable to utter a word. After some time when he went
to the police station to file an FIR, his plea was refused, saying “in the
absence of TI, the FIR cannot be registered” and till date the FIR is not
registered even after repeated efforts.
9. After being brought back from Kansabel to Pathalgaon the Nuns and the
lady were detained for about 45 minutes at the Police station and they were
told nothing as why they were detained there. The Nuns and the lady were
asked to get into another vehicle on the pretext that they would be
released at Raigarh only. Raigarh is a neighbouring district of Jashpur
district, which is about 110 K.M. away from Pathalgaon. Two girls and two
policemen also got into the vehicle. No lady police constable was sent
along with them to Raigarh. On the way they were not allowed even to go for
bathroom or drink water.
10. The priests, Nuns and the well-wishers in Pathalgaon hurried to
prepare the necessary documents to bail them out at the earliest. But the
presiding officers, the SDM accompanied by the Tehsildar intentionally
disappeared from the office at about 1.30 P.M. and did not come back to the
office. The people and the advocates, with the necessary documents for
bail, waited till 5.30 P.M. for the return of the Presiding officer.
11. Though all the legal formalities and procedures were completed on
time, the bail applications were not accepted, instead jail warrant was
served to them and they were sent to Jail. Only the following day the bail
applications were accepted in the residence of the SDM and the release
order was served by him to their advocate and thus they were released from
the Jashpur Jail at about 2 P.M. and from Raigarh Jail at about 1.30 P.M.
on 3rd Feb. 2006.
12. The whole illegal act took place while the Collector of Jashpur, Shri
Durgesh Mishra was present at Pathalgaon. We apprehend his involvement in
the case.
13. On the pretext of u/s 170, B, C.G. Land Revenue Code, the political
game is being played against the Tribals and the Minority Institutions.
Therefore we appeal to you the Most Hon’ble President of India for the
following necessary legal actions against the SDM Shri Rajendra Surwe, the
Tehsildar, Shri Praween Mishra, the SDM’S reader Shri Rawani and the
advocate, Shri Bajrang Sharma who have misused their power and created an
atmosphere of fear and insecurity :
1. That the SDM Shri Rajendra Surwe and the Tehsildar, Shri Praveen
Mishra and SDM’s reader Rawani be suspended with immediate effect.
2. That the licence of advocate Bajrang Sharma be ceased and cancelled
with immediate effect.
3. That a high level inquirey be commissioned to investigate the whole
case and the miscreants be punished accordingly.
4. That theTahsildar Shri Praveen Mishra, Bajrang Sharma and Rawani be
punished under S.C., S.T. Prevention against Attrocities Act.
5. That an FIR of Fr. Lalit Ku. Ekka, S.J. be registered immediately
under S.C’s.and S.T’s. Prevention agaist Attrocities Act.
6. That the law and order be maintained and protection be guaranteed for
all the Churches and Christian Institutions of Chhattisgarh.
7. That the action be taken against the police personnel for not
deploying lady constables to the Nuns and the lady at the time of their
arrest and imprisonment.
8. That a legal action be taken against the responsible police officer
who refused to register an FIR.
9. That the case No. 04/2006 u/ss 151, 107 and 116, State vs. Stany and
10 others be cancelled and the accused be acquitted immediately.
10. That the collector of Jashpur, Mr. Durgesh Mishra be suspended for
his civic irresponsibility and failure in maintaining legal proceedings.
11. That the B.E.O. Mr. B.K.Singh be punished and suspended for his
involvement in the harassment of Tribals and Minority Institutions and
false accusation.
12. That the demolished portion of boundary wall which was not in the
disputed plot of land be repaired with Government fund.
13. That the monument of St. Francis Xavier which was a place of worship,
be reinstalled with the Government fund.
14. That the civic security and law and order be maintained in the whole
of Jashpur district, C.G.
Place : Pathalgaon
Date : 03-02-2006
Signature of the appellants :
1.Fr. Stany Tirkey, S.J. Director, J.V.M. Pathalgaon
2. Fr. Christdhari Kujur, S.J. Parish Priest, Catholic Church, Pathalgaon
3. Fr. Pancratius Minj, S.J. Headmaster, St. Xavier’s Middle School,
Pathalgaon
4. Fr. Athnas Lakra, S.J. Superior, Prakash H.S. School, Pathalgaon
5. Fr. Theodore Toppo, S.J. Superior, Asha Deep Pathalgaon
6. Fr. Elphiz Minj, S.J. Director CLC, Pathalgaon
7. Sr. RuthToppo, H.C., Superior, Holy Cross, BTI, Pathalgaon
8. Sr. Elizabeth, H.C., Directress, RAHA, Pathalgaon
9. Sr. Sangeeta Minj, H.C. Teacher, Holy Cross BTI, Pathalgaon
10. Mr. Joseph Bara, Catholic Sabha President, Pathalgaon
11. Mrs. Lawrencia Lakra, teacher, St. Xavier’s School, Pathalgaon
Copy to :
1. Vice President of India, New Delhi
2. Mrs Sonia Gandhi, Chair Person UPA, Government of India, New Delhi
3. Prime Minister, Government of India, New Delhi
4. Governor of Chattisgarh State, Raipur
5. Chief Minister, Government of Chhattisgarh, Raipur
6. Home Minister, Govt. of India, New Delhi
7. Home Minister, Govt. of C.G. Raipur
8. Leader of Opposition ,Vidhan Sabha, C.G. Raipur
9. Shri Charandas Mahant, Incharge State Congress Committee, C.G. Raipur
10. Chairman, Minority Commission for Tribals, Govt. of India, New Delhi
11. Chairman, Minority Commission, Govt. of India, New Delhi
12. Chairman, Minority Commission, Govt. of C.G. Raipur
13. Chairman, Minority Commission for Tribals, Govt. of C.G. Raipur
14. Chairman, Human Rights Commission, Govt. of India, New Delhi
15. Chairman, Human Rights Commission, Govt. of C.G. Raipur
16. Chair Person, Women’s Commission, Govt. of India, New Delhi
17. Chair Person, Women’s Commission, Govt. of C.G. Raipur
18. President, PUCL, New Delhi
19. President, PUCL, Chhattisgarh. Raipur.
20. Chairman, Amnesty International, London.
21. Commissioner (Revenue), Govt. of C.G. Raipur
22. Education Minister, Govt. of C.G. Raipur
23. Secretary, Board of Secondary Education, C.G., Raipur
