Ajit Doval Briefing Against Principle Of Natural Justice And Equality Before The Law

By Anurag Modi

19 April, 2016
Countercurrents.org

OPEN LETTER TO My Lords of SUPREME COURT

To
The Chief Justice of India,
And brother
Judges,
Supreme Court of India

Respected Sir,

The ‘national security’ has, already, become a tool, in the hands of state and its vigilante groups, to stifle dissent; the mob is incited and activists and members of Adivasi, Dalit and Muslim community are being hounded out. Despite your explicit order of protection, ‘Kanhaiya’, a president of JNU was attacked by members of one such vigilante group in the Patiala House Court, in Delhi, with all impunity.

In the name of internal security, the Chhattisgarh state has been turned into exclusive war-zone; where: adivasi are either killed or implicated in false cases; women are raped; lawyers, journalists and activists helping them are either jailed or hounded out. At this juncture, your briefing with National Security Advisor, Ajit Doval, would further worsen the situation; our apprehensions are not unfounded.

While, you were busy in having closed door briefing with Mr. Ajit Doval, at your retreat place, in Bhopal, Madhya Pradesh, lot was happening on the ground in the name of internal security: known researcher and activist, Ms. Bela Bhatia - who, has co-authored a report on this issue, for planning commission, with Mr. Doval; Journalist Malini Subarmaniam - who has been reporting from this internal war zone area in Chhattisgarh; women lawyers of, ‘Jagdalpur Legal Aid Group’ - who have been providing valuable legal aid to Adivasi victims of state’s fake encounter and cooked up cases, were all hounded by state and its vigilante group out of Jagdalpur, in Chhattisgarh.

Moreover, your briefing would set a wrong precedent; as it is against the principle natural justice and equality before the law.

I am sure, you all must be aware of the fact that, the state, to which Mr. Doval represents, is one of the litigant party in all such matters of internal and external security; as a result thousands of Adivasi have been rotting in the jails of Chattisgarh, Madhya Pradesh, Orissa, Jharkhand and Maharashtra. Similarly, members of the minority community are facing many cases of alleged terrorism; though, now it has also been established that, many of them were tried on trump up charges and cooked up evidence.

Further to this, the State, already, has stated position on the matter of internal security; it considers that the struggles of the Adivasi going on in Chhattisgarh state as the biggest internal security threats.

‘Non Naxal’ districts of the country are no better: being an activists working in adivasi area of Madhya Pradesh for over 25 years, I myself have been witness to many Adivasi hamlets being burnt down by authorities in Betul, Harda and Khandwa Districts of Madhya Pradesh, as they demanded their legitimate rights over the forest. In this region - even after 68 years of Independence - the lowest rung forest officer, the Beat Guard’, of the forest department; who is the state authority for Adivasi, is still addressed as ‘Maharaj’ by Adivasi. Irony of the matter is, while those guilty officers of the state are moving freely, we the activists, along with Adivasi, have been facing more than hundred cases on trumped up charges for peacefully pressing for their legitimate rights over forest. We had, already, approached you, through PIL, but despite you having agreed to forge a new tool to deal with this, the implementing M. P. state has frustrated it.

I am sorry to mention that, the members of Adivasi community have no idea, who you people are? About judiciary and courts, what they know of is: when state authority is tired of harassing them or, they have stopped fearing them anymore, the authorities send them to the magistrate for further harassment. For them nothing much has changed with the independence; the lower judiciary still acts as extended arms of the state.

For example: in criminal trial no 2561/07, at JMFC court Betul, constituted out of the Preliminary Offence Report (POR) No 370/07, dated 19/06/07, 13 minors and 30 adults Adivasi men and women were prosecuted even without being the accused in the case; the trial went on for 8 long years, before they all were acquitted.

I must end with the painful fact that, Adivasi is one of the only communities, which has been, still, fighting for their share of ‘Azadi’ with the successive states- be it: Maratha; British or, Independent Indian State. Irrespective of the ideology, they are driven by; be it of ‘Bullet or Ballot’ (violent or non-violent), they are not in rebel to overthrow the Indian State; unfortunately, their desperation for their share of freedom has been taken as a rebel by the state. They never believed in controlling or ruling somebody else’s life by set of their principles, but don’t allow someone else to control their life, either. So, the matter is not as much of internal security, as it is of mutual trust.

The state, has failed in its duty to provide sense of equal citizenship and co-existence to the members of Adivasi and Minority community. And, I am afraid; your briefing will further alienate them.

I hope, ‘my lords’, will soon have briefing organized by the members and activists representing Adivasi and the minority community; else, you would be dubbed as a partisan; at least, in acts if not in intentions,

Anurag Modi
Activist, Shramik Adivasi Sangathn, Samajwadi Jan Parishad
[email protected]