The Curious Case Of The Tamil Nadu Police
Preventing Ex-Maoists’ Return To Electoral Path!
By Concerned Citizens
24 June, 2013
Countercurrents.org
We, the undersigned, wish to bring to the public’s notice a curious
case of doublespeak by the state. The central and state governments
constantly advise Maoists to give up arms and join the mainstream.
But, in Tamil Nadu, the government in collusion with the police is
torturing a group of ex-Maoists who have joined the mainstream. These
comrades have given up armed struggle and have come out to function in
the open under a party named People's Democratic Republic Party
(PDRP). They have also accepted the electoral path to pursue their
mass line. It is clear from their case that the intention of the state
is not to mainstream the armed fighters but to incapacitate anyone who
dares to criticize the state’s policies, without any compromise.
Background
Earlier, many PDRP members were part of CPI (Maoist). Some of them
were arrested and imprisoned under POTA in 2002, on charges of
undergoing arms training in Uthangarai, Tamil Nadu. They eventually
came out of the prison with women getting bail in 2005 and men in
2007. Many of the comrades who came out criticized the armed struggle
line of CPI (Maoist) and stressed for a mass line. The CPI (Maoist)
reacted to this by dismissing them from the party towards the end of
2007.
Some of the dismissed cadre started working under the name Puthiya
Porali. Later, they started PDRP. Com. Duraisingavel (aged 52) started
working as its president and his partner Ragini (aged 44) worked as
the leader of the women's wing. They started a political magazine
named Puthiya Porali, which was circulated widely. So far, 3 issues
have been released. It's available even online. They have stressed on
returning to the mass line in their pamphlets too. They have also
taken part in public meetings.
Here are some examples of their participation in open forums/meetings.
Com. Duraisingavel took part in the book release function of Prof. A.
Marx's Tamil book named Arabu Puratchi. He spoke on the occasion
along with other speakers, including professors from the Madras
University. He also spoke on the review meeting of Mao’s compilations,
organized by the Communist Party of India (Marxist), in Chennai on May
5, 2013. He stressed the need for a mass line even in his TV interview
to Puthiya Thalaimurai, a Tamil news channel, which aired a programme
related to the Chhattisgarh killings by Maoists few weeks ago.
However, the events that happened at Kundrathur, a suburb of Chennai,
in October 2012, show how the Tamil Nadu police and the clandestine
organization Q branch, can’t deal with or welcome these changes among
the PDRP comrades. On that fateful day, the PDRP members, along with
their supporters and some educationists, were discussing their
participation in elections in a meeting organized in a school. The
police surrounded them suddenly, arrested and imprisoned them. Till
this day, the police have maintained a stoic silence about why they
arrested people who were discussing about returning to electoral
politics! Com.Duraisingavel and Ragini were among those arrested.
Another important fact
Com.Duraisingavel and Com.Ragini started their life together after he
got his bail in 2007. However, the peace was not to last too long
because the Tamil Nadu police continued to harass them. The police
claimed to search for a woman named Bharathi, who wasn’t arrested at
Uthangarai in 2002; she was however charge-sheeted. Police didn't even
know whether Bharathi was male or female. They continued to torture
the couple by claiming that Ragini was Bharathi. Due to continuous
harassment (the Q branch visited their house every day), Ragini sought
the High Court’s help.
Com.Ragini's appeal (CrL. OP No.9141 of 2012 dated 16.04.2012) was
heard by Justice Nagamuthu. The public prosecutor and the police
responded that Ragini wasn’t required for arrest or for enquiry as of
now. Then, the court ordered that if the police wanted to enquire Com.
Ragini, they should follow proper criminal law procedure. It also
cautioned them against harassing her under the hood of enquiry.
What happened now?
We were shocked to read reports of the couple’s arrest on 14.06.2013
from the Kadambathur railway station in the Dharmapuri district, where
they were ‘caught’ distributing pamphlets. On enquiry, the actual
sequence of events is as follows:
1. The couple were arrested in their house at Kundrathur, Chennai on
13.06.2013 at 11 PM, when they were having dinner. Com.Ragini tried to
call a comrade as soon as some men barged into their house and dragged
them out violently. The comrade who received the call realized that
they were trouble because she couldn't speak properly, and the call
was cut abruptly. He informed other comrades, who also tried calling
both their mobile numbers. But nobody could reach them. When they
enquired the neighbours the next day morning, it was confirmed that
the couple was dragged out of the house violently. When the comrades
entered the house, they saw half-eaten food, which confirmed that
there had been quite a scuffle.
2. The next day afternoon, High Court advocate, Sengodi contacted
Mr.Sampath, the Commissioner of Q branch and asked him. He replied
that they have taken the couple to Dharmapuri for enquiry. Therefore,
the police version of arresting them in Dharmapuri is an outright lie.
3. The police have continuously harassed Com.Ragini and forced her to
accept that she is Bharathi. This is brazenly against the prior
mentioned court order. She is being harassed even in the prison on
this issue. It has been exposed that the Tamil Nadu police is intent
on arresting her under POTA in the Uthangarai case. Now, it has
charged the couple under sections of CrPC 353, 124, 17(1) CLA.
One more important fact
Another oft-repeated blatant lie of the police is that the couple has
missed attending the court proceedings. Actually, there are two cases
pending on Com.Duraisingavel. One is the 2002 POTA case and the other
is the 2012 Kundrathur case. The latter is yet to come for hearing,
and Com.Duraisingavel has appeared without fail for each hearing of
the POTA case. He appeared even on June 3, 2013 for the same case in
the Poonamallee court, Chennai. Com. Ragini has only the Kundrathur
case pending, and that’s yet to come for hearing. Hence, it's an utter
lie that the couple doesn’t appear for the court proceedings.
Our questions and demands
1. J.Jayalalitha, the Chief minister of Tamil Nadu, always says that
she has wiped out the Naxalbari movement from the state. Everyone
knows that PDRP comrades turned to mass line, including elections
after being dismissed from CPI (Maoist), owing to their criticisms.
So, how does one account for the harassment meted out to these
comrades? Is it a message to those who belong to such organizations
that they won't be allowed to enter the mainstream even if they give
up armed struggle?
2. Naxal Special wing, which has no work but to harass, and the Q
branch, an organ above law, which was formed as an intelligence wing
and later endowed with policing authority, should be abolished.
3. The sedition act, called as 124-A, was originally enacted by the
British to harass freedom fighters during the Raj. It's completely
against citizen rights (Section 19) granted by our constitution. Our
constitution grants rights to support or oppose the policies of the
government. Moreover, it has granted unconditional rights to anyone to
propagate his ideas, to build movements based on them and to collect
funds for the organization. Hence, we strongly condemn applying 124-A,
which is opposed to the above-mentioned rights, to harass various
activists, from Binayak Sen to Com. Duraisingavael and Com. Ragini.
The Tamil Nadu government should immediately stop harassing activists
by this law. This anti-constitutional law should be scrapped.
4. The couple, who were functioning openly, was arrested in midnight
in their home in Kundrathur, Chennai. They were violently dragged out
of the house without even giving them an opportunity to inform their
relatives or friends. The next day afternoon, a higher official of the
Q branch tells their lawyer that they have been taken to Dharmapuri.
Yet, a false case has been registered against them. Actually, they
have been violently kidnapped. No procedures mentioned by the Supreme
court in T.K.Basu case has been followed in this arrest. Hence, we
demand the government to suspend the concerned police men, start an
enquiry and punish them appropriately for committing such violations
and spreading such lies.
5. The public prosecutor has admitted in the High Court that Com.
Ragini is not Bharathi. The court has also ordered that Com. Ragini
must be duly summoned if there’s a need for an enquiry. But, what we
see now is that she has been violently kidnapped and threatened to
accept that she is Bharathi. The police is trying to implicate her in
the 2002 POTA case through these desperate measures. This is a clear
case for contempt of court. A contempt of court case should be filed
against the concerned police men and the police should abstain from
harassing and trying to convict Com. Ragini under POTA.
6. Two people who were functioning openly have been arrested secretly.
This kind of harassment meted out to those who have turned to
electoral politics after giving up armed struggle goes completely
against the government’s assurances or policies. Com.Duraisingavel and
Com.Ragingi should not only be released immediately, they should also
be duly compensated for the harassment they have faced.
Prof.A.Marx, People's Union for Human Rights
Ko.Sugumaran, People's Rights Forum
Dr.P. Sivakumar and Prof.M.Thirumavalavan, Ex-Principals of Government colleges
V.Srinivasan, Environmentalist
Advocate Manoharan, People's Lawyers Association
Advocate Sengodi
Advocate K.Natarajan
Advocate Rajini (Madurai)
Contact: Prof.A.Marx, 3/5, First cross street, Shastri nagar, Chennai
- 600020, Mob: 94441 20582
(Translated from the press note released by the above on 20.06.2013, in Chennai)
P.S: According to latest information, Tamil Nadu police has filed a
case on Com.Ragini under POTA today (24-June-2013).
Comments are moderated
