*VIGILANTE STATE
http://www.tehelka.com/story_main30.asp?filename=Ne020607Vigilante_state_SR.asp
*

 *The war on Maoists in Chhattisgarh is beginning to turn on civil society,
reports Shivam Vij*

The large number of protests by the civil society, both in Delhi and Raipur,
over the arrest of a Human Rights activist in Raipur is the most significant
sign yet of the Chhattisgarh government's troubles over its policy against
Naxalism. While the Intelligence Bureau has asked the Chhattisgarh
government to explain why Binayak Sen was arrested, the Union Home ministry
is considering cutting down funding for the controversial Salwa Judum
project. The Supreme Court, acting in response to a pil, has also issued a
notice to the Chhattisgarh government over human rights atrocities committed
in the name of Salwa Judum or "peace movement", which is supported by the
government.

The People's Union for Civil Liberties (PUCL) has been bringing to light
cases where the police has claimed that it killed Naxalites, when in fact
those killed were ordinary tribals whose only fault was that they did not
join the Salwa Judum. Such cases are difficult to bring to light because
they often take place in the remote interiors and the tribals often do not
speak Hindi. The PUCL has been at the forefront of exposing these killings
and other activities, wherein entire villages have allegedly been ravaged
for not joining the Salwa Judum. Unfortunately for the Chhattisgarh
government, the PUCL has been able to rally civil rights groups and the
media across the country against the Salwa Judum. The arrest of Binayak Sen
on May 14 is a result of this effort to put the truth out, says PUCL
Chhattisgarh president Rajendra Sail.

The police also searched Sen's organic farm without a search warrant in
what, Sen and his family feared, was an attempt to plant evidence of Sen's
involvement in Naxalite activities by linking him to a jailed senior CPI
(Maoist) leader, Narayan Sanyal. Sen often met Sanyal in jail and exchanged
postcards with him, but this was all with the knowledge of jail authorities
who were privy to these conversations. The PUCL says that Sen met Sanyal to
enquire about his health and help him get medical attention. The immediate
cause of Sen's arrest was a letter found with Piyush Guha, a businessman,
which was to be handed over to Sanyal. Guha has also been arrested and the
police refuses to divulge the contents of the letter.

On May 21, the police searched Sen's house and is now trying to use whatever
they could lay their hands on as evidence. This includes CDs pertaining to
five fake encounters, a computer cpu, books and pamphlets by or about
Naxalites or Salwa Judum members.

Sen has not been arrested under the ipc or provisions of the crpc, but under
the Chhattisgarh Special Public Security Act, 2005 (CSPSA) and the Unlawful
Activities (Prevention) Act, 1967. The CSPSA, which was passed after pota
lapsed, is said to be even more draconian. The Act has a provision that
makes punishable verbal or written communication and representation or
publication or broadcast of anything relating to Maoist activities. A number
of local journalists have been threatened and silenced using these
provisions.

Sen's arrest came just when the Chhattisgarh administration was facing
charges of having fake encounters conducted by the Salwa Judum. On March 31,
seven tribals were killed in an "encounter" in Santoshpur village. Civil
society activists say that the Chhattisgarh Police and Salwa Judum officers
took the seven from Ponjer village to Santoshpur to kill them. The police
claims they were members of the Sangham, the Naxalite wing composed of local
tribals. An autopsy confirmed foul play but the state government has only
ordered a police inquiry. Home Minister Ram Vichar Netam has gone on record
saying that no action would be taken against the police officials. The
police officials investigating the case say that the killings were committed
by Naxalites dressed as policemen. However, an anonymously shot video shows
the spo sarpanch of Santoshpur spilling the beans (available at
cgnet.in/santoshpur).

It is feared that Sen's arrest may be followed by arrests of other activists
in Raipur. Activists in other parts of the country could also be targetted.
In Mumbai, the police have arrested one Arun Ferreira, who wanted to be a
priest, for his alleged involvement in Naxalite activities. In February this
year, the Union Home ministry was on the verge of acting against overground
Naxalite symapthisers including academics and former bureaucrats, for
statements they had made in a seminar in Delhi.

The Supreme Court, meanwhile, has issued a notice to the Chhattisgarh
government asking it to explain its support to the Salwa Judum. This was in
response to a petition filed by Nandini Sundar, Ramachandra Guha and EAS
Sarma demanding an end to government support for the Salwa Judum; an
independent inquiry into all killings, rape and arson whether by the Salwa
Judum, security forces or Naxalites; registration of FIRs and prosecution of
those found guilty; compensation to those affected by the Salwa Judum on the
same lines as victims of Naxalites; rehabilitation of those who wish to
leave the Salwa Judum; and preventing the state government from appointing
minors as Special Police Officers.

But the Salwa Judum may die with a whimper even before the apex court passes
a judgement. The Planning Commission, the Tribal Affairs ministry and the
Panchayati Raj ministry have requested the Union Home ministry to stop
funding the Salwa Judum and divert those funds towards development
activities.
 **~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Ours is a battle not for wealth or for power.
It is a battle for freedom. It is a battle for the reclamation of human
personality."
- Dr BR Ambedkar
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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