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In Chhattisgarh, The Only Criminal Is Law

By Javed Iqbal

30 December , 2010
MoonChasing Blog

In the middle of the above photograph, is the Salwa Judum leader Soyam Mukka, a part of a state-sponsered mob, protesting against Medha Patkar, Sandeep Pandey and a contingent of human rights activists and social workers, in January 2009.

Soyam Mukka is a few feet away from the police and would be, for the duration of the protest on that faithful day in January. It is also a fact that there is a warrant for his arrest, for the kidnapping of a young tribal woman, who’d be eventually gangraped by Special Police Officers in the Konta police station in 2008.

In the above photographs by a local reporter (look at the extreme right and left), one can see the police of Chhattisgarh trying its utmost best to uphold the law.

Soyam Mukka has never been arrested as per 25th of December 2010.

Previously, they hadn’t even accepted the FIR of the girl who was raped. And when the girl was taken to the JMFC Court in Konta, by human rights activists, the police did their best to loiter around the area to harass the girl. Their crowning achievement was the harassment of her family. But the police could not uphold the law. It was difficult for them to fight the Maoists when they’re too busy trying to save their own skins from what is just ‘collateral’ or the ‘spoils of war’.

So they changed their tactics. We should uphold the Law (by making it ours, to do whatever we please), by harassing, beating up, arresting, and chasing away all of these pesky humanrightwallas, who talk about constitutional rights. Nobody has time to go and intimidate witnesses and victims of police atrocities all the time, and we all know that it’s the Maoists who’re using ‘human rights’ as a strategy. So bugger with human rights.

We need to shoot the messenger, these people calling for the Law. Chase them away like common criminals, and everyone else is scot free.

Now that the good doctor and human rights activist Binayak Sen is sentenced to life for Section 124A Sedition, there is human rights activist, Kopa Kunjam who has been in jail for over a year now for the murder of a man who every witness has so far claimed – he had tried to save. Then there are CPI cadres, many of whom are elected representatives – Lala Kunjam, Sukul Prasad Nag, Sudru Ram Kunjam, Bhima Kunjam and Kartam Joga, who’re all in jail.

Kartam Joga was even one of the first petitioners in the Supreme Court regarding the illegal killings of the Salwa Judum. Unlike the police, he believed in upholding the law. He believed in the courts.

And while the CPI had called for a rally on the 25th of November to protest against the police and the administration, on the night of 24th of November, numerous reports surfaced about the police beating up CPI protestors around Katekkalyan, Pondum and Jhirum villages on Dantewada road. The CPI even demanded that the Home Ministry should take action against the SSP Kalluri, who they claim is responsible for the attack on their party.

And on the 8th of December, 2010, the CPI along with other organizations under the banner of the Chhattisgarh Bachao Andolan, was part of a rally of over 10,000 people who submitted a petition of one lakh people to the Chhattisgarh State Assembly asking for better implementation of PESA, Forest Rights Act, the end of fake environment hearings, harassment of activists and displacement from land.

Almost everyone in Chhattisgarh seems to want the Law.

Yet let’s not forget the journalists. When the news about the burning of villages, fake encounters, rapes and illegal detentions started to get out, the state forgot that they need to chase the journalists away as well.

Just recently, the new Avatar of the Salwa Judum, the Maa Danteswari Adivasi Swabhimani Manch had made a statement calling for the deaths of three local journalists in the undivided Bastar region of Chhattisgarh.

Anil Mishra, the previous district head of New Delhi-based Hindi-Daily Nai Duniya, NRK Pillai, the vice president of the Working Journalists Union, and Yashwant Yadav of Deshbandu were mentioned in the press release that states, ‘journalists and NGOs who are befriending the Naxals, be it Himanshu Kumar or Arundhati, or even for that matter NRK Pillai, Anil Yadav or Yashwant Mishra, all of you will face consequences. Leaders of CPI, BJP or Congress, in jail or outside – who have been on your side will not be make any difference. Under the garb of human right activists you should know that you cannot last too long. If you do not leave Bastar you will die like a dog.’

This is not the first time the state apparatus or the state-backed counter insurgent group has attacked journalists in Bastar. Over the last four years, full timers and part-timers, Kamlesh Paikra, Maqbool of Sahara Samay, Afzal Khan, and this author have faced the lathis of the police or the Salwa Judum.

NRK Pillai had long made a statement to the journalists in Delhi about the persecution of the press in Dantewada. Yet there was nothing but silence from Delhi. Journalists were soft targets.

In October, 2009, right at the onset of major operations that would then be known-as Operation Green Hunt, the police had ‘requested’ all the local journalists not to go and work in the jungles. And almost no one did. When there were others who accompanied national and international journalists into the field, they were warned, ‘tere koh yah rahna hai, yeh log nikal jayenge.’ (you live here, these people (outsiders) will go away.)

Anil Mishra lost his job at Nai Duniya because he accompanied international and national journalists into the area. And he moved out of Dantewada. And there is no doubt that the recent Maa Danteshwari press release was a reaction to his recent visit to the Jagargonda area of Dantewada.

And the first report of the Maa Danteshwari death threat had come out on citizen’s news portal CGNet Swara. The young adivasi journalist Mangal Kunjam only had to call the CGNet Swara number (080) 4113 7280, to record his report that would be scrutinized by moderaters. Yet a few days after the recording was made available to the world, he would be called to Kirandul police station where he was dutifully threatened.

But why target the poor Binayak Sen? To silence dissent? To act as a deterrence, that no human rights group work in Dantewada? They had arrested him in 2007 and that didn’t deter anyone. There were hundreds of human rights workers and journalists who had visited Dantewada after 2007. There have been fewer visits in the last one year by any outsiders but a brave few who travel incognito, as the state has now attempted to destroy the contact base of the journalists and human rights workers.

Binayak Sen was definitely condemned for political reasons. No sensible court would sentence a man to life in prison, when the evidence the prosecutors present to court, are ‘links to ISI’, which they didn’t bother to realize, was the Indian Social Institute, a Delhi-based advocacy organization.

It seems that the police are using the same strategy that the Maoists use with human rights and the courts. The police often claim all the petitions filed against them in the Supreme Court or the High Court, are strategic tactics by the Maoists to use human rights organizations to keep the police busy dealing with Supreme Court queries of missing petitioners and witnesses, which in their unimaginative self-delusions, can be equated to, keeping the civil rights organizations, and journalists busy with Binayak Sen and not the ground realities of Dantewada and Chhattisgarh.

But for the adivasi in Dantewada facing brutal repression and for Binayak Sen, the Law had been abandoned a long time ago.

This article first appeared in The New Indian Express on the 27th of December, 2010.