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On Friday, December 30, 2016 at 6:52:44 PM UTC+5:30, ram wrote:
>
>
> --
>
>
> Dear all,
>
> A few friends from NAPM, Delhi met the Joint Registrar of the National 
> Human Rights Commission (NHRC) yesterday and delivered the enclosed letter 
> condemning the unlawful arrest and judicial remand of the 7 members of the 
> fact-finding team from Telangana, who were on their way to Bastar, 
> Chhatisgarh to investigate the gross human rights abuses there by the 
> security forces. 
>
> The letter also condemns the other forms of constant repression on the 
> adivasis and activists in CG including the recent inhuman encounter of a 
> minor adivasi boy and the false allegations on Adv. Shalini Gera by the CG 
> police. The next date of hearing of the notorious IGP, Mr. SRP Kalluri 
> before NHRC is on 16th Jan (after he dodged the previous date on 'health 
> reasons')..
>
> It is hoped to follow up with the NHRC with another larger/joint 
> delegation meeting the Chairperson/members of NHRC soon on this and other 
> connected matters. 
>
> Since the letter had to be finalized by yesterday morning, other names 
> that came later could not be added. Kindly understand.. 
>
> *Please share this widely and also to your media contacts in Telangana , 
> Chattisgarh, Delhi and elsewhere.. *
>
> In solidarity,
> Meera 
>
>
> *​**NATIONAL ALLIANCE OF PEOPLE'S MOVEMENTS*
> *National Office : 6/6 (Basement) Jangpura B, New Delhi – 110 014 . *
>
> *Phone : 011 2437 4535 | 9818905316*
> *E-mail: [email protected] <javascript:> | Web :www.napm-india.org 
> <http://www.napm-india.org> *
>
>
> ​*29th December, 2016* 
>
> To,
>
> The Chairperson,
>
> National Human Rights Commission, 
>
> Manav Adhikar Bhavan, Block-C, 
>
> GPO Complex, INA, New Delhi.
>
>  
>
> *Sub:    Unlawful Arrest of 7 members of a Fact Finding Team of Lawyers, 
> Journalist, Human Rights Activists, Students of Telangana on 25th Dec, 2016 
> and Continuing Repression of Adivasis, Activists, Lawyers, Human rights 
> workers in Chhattisgarh.*
>
>  
>
> Hon’ble Sir,
>
> This Hon’ble Commission and the entire country is well-aware of the 
> serious constitutional, legal and human rights violations that have sadly 
> become a part of the everyday reality of the adivasis and human rights 
> activists in the villages and forests of South Chhattisgarh. In the name of 
> ‘combing’ and combating ‘Maosim’, the State, through its military, 
> para-military, security and police forces has unleashed an unprecedented 
> spree of threats, violence, false cases, arbitrary arrests, detentions, 
> dubious encounters, rapes, sexual assault etc. on the impoverished adivasis 
> and anyone who stands up for their rights. A very large number of fact 
> finding reports and the National ST Commission Report have brought forth 
> these realities very vividly. A testimony to this well-documented state of 
> affairs is the recent Order of this Hon’ble Commission dt. 17/12/2006 
> summoning the Chief Secretary of Chhattisgarh and Mr. SRP Kalluri, IGP, 
> Bastar Range, who is widely believed to be responsible for a lot of 
> extra-constitutional actions and has also been indicted by the CBI in the 
> Tadmetla incident.
>
> In fact, in the said Order, this Commission categorically stated that the 
> series of repressive measures including the most recent incidents of 
> un-substantiated FIR against Prof. Nandini Sundar, burning of effigies of 
> activists and journalists was clearly police vendetta against the lawyers, 
> journalists and human rights defenders who have been investigating and 
> reporting on the numerous human rights violations. The said Order is a 
> matter of record and needs no reiteration.* [Annex-I] *However, citing 
> ‘health reasons’, barely a few days before he was to appear before this 
> Commission, the said IGP stayed away from the hearing and is now ‘back to 
> work’, with what seems yet another attempt to officially tarnish democratic 
> processes and harass human right activists.
>
> *It is in the above context that we would like to draw your immediate 
> attention to the recent arbitrary arrests of a fact-finding team of 7 
> members from Telangana Democratic Front (TDF) comprising High Court 
> lawyers, human rights activists, students and a journalist by the Telangana 
> and Chhattisgarh Police, violating due process of law.*
>
> *In its press release dt. 26/12/2016, the district police of Sukma, 
> Chhattisgarh has gone so far as to brand all these 7 persons as 
> ‘naxalites’, without even caring to refer to any evidence, to level such an 
> allegation. [Annexure-II].* 
>
> The seven members of the team who have been arrested are:
>
> *1. Balla Ravindranath,* Advocate, High Court, AP and Telangana and General 
> Secretary of the Committee for Release of Political Prisoners (CRPP), 
>
> *2.Chikkudu Prabhaker,* Advocate, High Court, AP and Telangana and 
> Convenor, Telanagna Democratic Forum. 
>
> *3. Durga Prasad*, Independent Journalist, Hyderabad 
>
> *4.Duddu Prabhakar*, President, AP Kula Nirmulana Porata Samiti 
> (Committee for Caste Annihilation)
>
> *5.* *Rajendra Prasad,* Telangana Vidhyarthi Vedika (Telangana Students 
> Forum) 
>
> *6. Nazeer,* Telangana Vidhyarthi Vedika (Telangana Students Forum) 
>
> *7. Ramanala Laxmaiyya,* Secretary, Adivasi Tudem Dubba, Khammam.
>
> We would like this Hon’ble Commission to kindly note that, reportedly, all 
> the 7 members were picked up in the day on 25th December, 2016 at 
> Dummagudam village, Bhadrachalam District, Telangana, when they were 
> planning to visit Chhattisgarh to enquire into complaints of human rights 
> violations suffered by adivasis villagers at the hands of security forces. 
> Later in the evening, the Telangana police handed them over to the 
> Chhattisgarh police, where reportedly they have been charged of various 
> offences including possessing ‘banned’ literature and banned currency 
> notes,  providing ‘assistance’ to Naxals, ‘instigating’ adivasis against 
> the state/police etc. An FIR was registered under the Chhattisgarh Public 
> Security Act (CSPA), 2005 by the Sukma police.  
>
> On 26/12/2016, all the 7 accused persons were produced before the 
> remanding Court in Sukma and remanded to judicial custody under sections 
> 8(1), (2) and (3) of the CSPA. It has come to our notice that while the 
> arrest was actually made by the Telangana police within the territory of 
> Telangana, the Chhattisgarh police misinformed the magistrate that the 7 
> persons were arrested in Chhattisgarh and have stated so in their official 
> press release referred to above. The said act of misleading the Court, is 
> an offence in itself and a blatant abuse of law since all the 7 persons who 
> were arrested by the Telangana police within the territory of Telangana had 
> to be produced before an appropriate Telanagana Court having jurisdiction 
> and not before the Chhattisgarh Court. This apart, there appears to be no 
> *prima 
> facie* reason for the arrest itself, even within Telanagana.
>
> This entire episode is undeniably yet another act of state vendetta and a 
> glaring example of gross abuse of public office, criminal defamation and 
> violation of the civil liberties and human rights of these independent 
> investigators. The arrest, we submit, is totally unlawful, unwarranted and 
> violative of the numerous orders issued by the Hon’ble Supreme Court in the 
> past and ‘arrest’ regulations by this Commission too. The members of the 
> fact-finding team are respectable, law-abiding citizens including lawyers 
> of the High Court, journalists and human rights activists. There was no 
> need for the arbitrary arrest or even denial of bail the ‘judicial 
> custody’, since there is no reason to believe that they would evade 
> judicial process or subvert the trial /prosecution.
>
> As has been stated by various civil rights groups, this is clearly a case 
> of both Telangana and Chhattisgarh police overstepping their mandate and 
> *“violating 
> the law and the **fundamental rights to free movement, freedom of speech 
> and expression and the fundamental duty to protect the fundamental rights 
> of adivasis and other local people in Bastar area who are victims of a 
> severely repressive state police”. *It is infact the duty of law 
> enforcement agencies to ensure the security of human rights defenders who 
> are assisting the State in ensuring rule of law. But what we are witnessing 
> in these parts of Bastar is a complete breakdown of rule of law and 
> sustained persecution of anyone and everyone who questions human rights 
> violations.
>
> *We would, at this point, like this Hon’ble Commission to note there is a 
> clear history of impunity enjoyed by the police in this region and the 
> overt and covert support that the state apparatus gives, at the highest 
> levels, has led to the situation we are in today, where police think they 
> are ‘above the law’ and ‘accountable to none’. While the general situation 
> inside Bastar is now widely known, there are a very large number of 
> specific instances of extra-judicial killings, disappearances, police 
> violence, sexual assault cases etc. that have still not come to the lime 
> light and even FIRs are not being registered. It is these specific 
> instances that the State is keen to suppress under the unacceptable alibi 
> that it would “weaken the morale of the forces”! The alleged torture and 
> encounter of a minor, Somaru Pottam from Metapal village in mid-December by 
> the security forces, in which the Bilaspur High Court has ordered a repeat 
> autopsy two days back is only one of many such likely incidents.*
>
> *There is also a continuous threat climate that is being created i.e. no 
> academics, lawyers, journalists, activists or the adivasis should dare 
> question anything that the police do in the name of fighting the Maoists. 
> Very recently rights advocates, activists associated with PUCL and JAGLAG 
> were intimidated for calling a meeting of the adivasis in Matenar village 
> of Dantewada and hearing their grievances (despite due police permissions 
> in advance). Yesterday, Adv. Shanili Gera and other legal activists were 
> harassed by the SP Bastar, Mr. RN Dash at Jagdalpur, despite the fact that 
> were there as per Orders of the High Court and arrangement of the Police 
> Commissioner, Bastar, for exhumation of the body of Somaru Pottam, alleged 
> to be encountered. Detailed complaints in this regard have already been 
> sent to the Commission. All these instances of human rights defenders is 
> totally unconstitutional and require immediate attention.*
>
> In the light of the above, we urge this Hon’ble Commission to immediately 
> take cognizance of this matter too, as it is integrally connected to 
> various other human rights violations in Chhattisgarh which this Commission 
> has been looking into and *direct the Govts. of Telangana and 
> Chhattisgarh to:*
>
> *1. Drop all charges against all the seven members of the Fact Finding 
> Team of TDF and ensure their right to freely move in the areas of Bastar 
> for conducting a fact-finding.*
>
> *2. Initiate criminal prosecution against the concerned police officers 
> for abuse of due process law, reportedly misleading the Sukma Court and 
> arbitrarily arresting the fact-finding team members.*
>
> *We also urge this Hon’ble Commission to immediately:*
>
> *1.Summon Mr. SRP Kalluri, IGP, Bastar Division and Mr. RN Dash, SP, 
> Bastar before the Commission in person to offer a detailed explanation of 
> all charges of human rights violations against them and thereupon initiate 
> appropriate action, as per law.*
>
> *2. Send a high-level team comprising some members of this Commission and 
> some independent activists, lawyers, academics and journalists to visit 
> various areas in the Bastar region and obtain first hand information of the 
> serious issues of gross human rights abuses, to enable quick and 
> appropriate action as per law.*
>
> *3. Direct filing of FIRs in all cases of cognizable offences and human 
> rights violations as directed by **a 5-judge Constitution Bench of the 
> Hon’ble Supreme Court, headed by the CJI in Lalita Kumari vs. Govt. of U.P. 
> & Ors [(2014) 2 SCC 1] (wherein it was held that registration of FIR is 
> mandatory u/Sec 154 of IPC if information discloses commission of a 
> cognizable offence). *
>
> *We look forward to immediate action by this Hon’ble Commission in this 
> regard in the interests of rule of law, justice and fairness…*
>
> *Thanking You,*
>
> *Yours sincerely, *
>
>  
>
> *Medha Patkar,* Narmada Bachao Andolan (NBA) and National Alliance of 
> People’s Movements (NAPM)
>
> *Aruna Roy, Nikhil Dey and Shankar Singh* – Mazdoor Kisan Shakti 
> Sangathan (MKSS) and National Campaign for People’s Right to Information 
> and NAPM
>
> *Prafulla Samantara, *- Lok Shakti Abhiyan & NAPM, Odisha; 
>
> *Lingraj Azad* – Samajwadi Jan Parishad - Niyamgiri Suraksha Samiti, NAPM, 
> Odisha; 
>
> *Binayak Sen and Kavita Srivastava,* People’s Union for Civil Liberties 
> (PUCL) 
>
> *Sandeep Pandey, *Socialist Party and NAPM, Uttar Pradesh 
>
> *Sudhir Vombatkere, *Senior Activist, NAPM, Karnataka 
>
> * Gabriele Dietrich,* Penn Urimay Iyakkam, Madurai and NAPM, TN; 
>
> *Geetha Ramakrishnan,* Unorganised Sector Workers Federation, NAPM, TN; 
>
> *Arul Doss,* NAPM Tamil Nadu
>
> *Arundhati Dhuru, Nandlal Master, Manesh Gupta *- NAPM, UP; 
>
> *Richa Singh, *Sangatin Kisan Mazdoor Sangathan, NAPM-UP
>
> *Vilayodi Venugopal, CR Neelakandan and Prof. Kusumam *NAPM, Kerala 
>
> *Vimal Bhai* - Matu Jan Sangathan, NAPM-Uttarakhand & *Jabar Singh*, NAPM, 
> Uttarakhand; 
>
> *Sister Celia* - Domestic Workers Union & NAPM, Karnataka; 
>
> *Rukmini V P*, Garment Labour Union, NAPM, Karnataka; 
>
> *Anand Mazgaonkar, Krishnakant -* Paryavaran Suraksh Samiti, NAPM Gujarat;
>  
>
> *Kamayani Swami, Ashish Ranjan *– Jan Jagran Shakti Sangathan & NAPM 
> Bihar; 
>
> *Mahendra Yadav* – Kosi Navnirman Manch, NAPM Bihar; 
>
> *Sister Dorothy, *NAPM Bihar 
>
> *Dayamani Barla,* Aadivasi-Moolnivasi Astivtva Raksha Samiti, NAPM 
> Jharkhand
>
> *Dr. Sunilam and** Adv. Aradhna Bhargava* - Kisan Sangharsh Samiti  NAPM 
> Madhya Pradesh
>
> *Bhupender Singh Rawat *– Jan Sangharsh Vahini, NAPM, Delhi
>
> *Rajendra Ravi, Nanu Prasad, Madhuresh Kumar, Amit Kumar, Himnshi Singh, 
> Uma Kapari, Zaved Mazumder, *NAPM, Delhi
>
> *Faisal Khan*, Khudai Khidmatgar, NAPM Haryana
>
> *J S Walia*, NAPM Haryana; 
>
> *Kailash* *Meena*, NAPM Rajasthan; 
>
> *Amitava Mitra* & *Avik Saha*, NAPM West Bengal; 
>
> *P. Chennaiah, *Andhra Prdaesh Vyavasaya Vruttidarulua Union (APVVU) and 
> NAPM-AP 
>
> *Ramakrishnam Raju, United Forum for RTI and NAPM, AP *
>
> *Suniti SR, Suhas Kolhekar, Prasad Bagwe *- NAPM, Maharashtra; 
>
> *Gautam Bandopadhyay,* NAPM, Chhatisgarh
>
> *Anjali Bharadwaj, *National Campaign for People’s Right to Information 
> and NAPM
>
> *Kaladas Dahariya, *RELAA, Chhatisgarh 
>
> *Bilal Khan,* Ghar Bachao Ghar Banao Andolan, Mumbai*,* 
>
> *Meera Sanghamitra,* NAPM Telangana-AP, 
>
> *Jeevan Kumar And Syed Bilal*, Human Rights Forum, Telangana-AP
>
> *Vyjayanthi Mogli and Rachana Mudraboyina*, Telangana Hijra Intersex 
> Transgender Samiti Sex,  (THITS), Telangana, 
>
> *P. Shankar,*  Dalit Bahujana Front, Telanagna 
>
> *Adv. MA Shakeel,* Centre for Study of Constitution and Society, 
> Hyderabad Telangana. 
>
> *S.Q. Masood, *Centre for Peace Studies, Hyderabad Telangana. 
>
> *Malini Subramaniam, *Independent Journalist, Hyderabad. 
>
> *Vissa Kiran Kumar, *Rythu Swarajya Vedika, Telangana-AP
>
> *Vimala Morthala,* Independent Writer, Activist, Hyderaba
>
> *Thomas Pallithanam *- People's Action For Rural Awakening, Ravulapalem, 
> East Godavari, AP
> *And many other people’s organizations, allies of NAPM and NAPM-Telangana 
> and AP.*​
>
>
>
> -- 
> *____*
> *S.Q. Masood*
>
>
> *#: 19-2-21/23/39, Basharath Nagar, *
>
> *Macca Colony, Hyderabad - 053. Mobile: +091 9030557002, Email: 
> [email protected] <javascript:> *
> *www.sqmasood.blogspot.com <http://www.sqmasood.blogspot.com>    *
>
>
> http://cityplusepaper.jagran.com/86222/Hyderabad-Ameerpet/Ameerpet-January-31-Februay-1-Vol-4-Issue-5#page/5/2
>   
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> P* Save Paper, Trees and Environment *
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