PEOPLE'S UNION FOR CIVIL LIBERTIES–
CHHATTISGARH
Post Box No. 87, Main Post Office, Raipur – 492001: Chhattisgarh: India
E-mail: pucl.cg@gmail.com
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UPDATE On Dr. Binayak Sen's Illegal Detention:
Raipur, 23rd July, 2007 (Monday)
HIGH COURT REFUSES BAIL TO Dr. Binayak Sen
Dr. Binayak Sen's Bail Application was rejected today (23rd July 2007, Monday) at the Chhattisgarh High Court, Bilaspur. The Hon'ble Justice Sunil Kumar Sinha passed orders in the matter today at 2:30 pm in the court that since there was a prima facie case that the applicant was involved with some banned organisation, and since the investigations have yet to be completed, he was of the opinion that it would not be proper to grant bail at this stage. It may be mentioned that the arguments were concluded in the Bail Matter on 20 th July 2007 , and reserved for orders. Adv Kanak Tiwari, Senior Counsel appeared for Dr. Sen, assisted by Adv Prashant Mishra, Adv Sudha Bhardwaj, Adv Vimlesh Bajpai. Additional Advocate General, Mr. Pramod Verma had appeared for the State.
According to Adv Prashant Mishra, the junior counsel for Adv Kanak Tiwari, who read the orders in the Court, it appears that the bail application was rejected on the following principal counts as per the reasoning contained therein. We quote below some of the ingredients of the said order.
1. Letters seized from Mr. Piyush Guha are written by Mr. Narayan Sanyal for his specimen handwriting tallied with the letters;
2. Though they are addressed as "dear P" and "dear V" it divulges that certain unlawful activities were/are being carried out.
3. Dr Sen associated with Narayan Sanyal and met him frequently.
4. As per the statement of one Goppana (a Commander of the CPI-Maoists, arrested by the Chhattisgarh Police in the month of May 2007) Mr. Narayan Sanyal was a member of the politburo and a naxalite associated in a variety of unlawful activities.
5. Thus prima facie case of association against Dr. Sen also by the virtue of those letters.
6. Moreover, investigations are still on.
7. Case laws and instances of bail having been granted under Acts like TADA and MACOCA do not apply because there are provisions under such acts imposing restrictions on grant of bail; and since under the statutes presently under consideration there are no such restrictions, general principles of Cr.P.C. applies and therefore grant of bail not permissible as there may be further evidences."
(Note: This reasoning is, on the face of it, erroneous and perverse, for if under stringent enactments bail can be granted by courts, on the considerations of general principles it should be granted more and more. It appears that a majority of the arguments raised during the hearing by senior counsel Adv. Kanak Tiwari have not been adhered to and not met.)
The PUCL, and several other human rights and people's organisations are quite disappointed with this order, and would definitely go in appeal to the Supreme Court of India.
The Chhattisgarh PUCL has termed this order of the Chhattisgarh High Court as "unfortunate" as the Court has not appreciated all the material facts and evidence of the case as presented by Adv Kanak Tiwari, the legal counsel for Dr. Binayak Sen during the arguments. A critical and true appraisal of the decision will be possible only after the text of the judgment is available tomorrow. In the mean time, PUCL office-bearers and legal luminaries are being consulted for future strategy and agenda.
The PUCL-Chhattisgarh unit has organized a meeting of the State Executive Committee, along with other organisations and individuals committed to democratic and peaceful processes, to take stock of the alarming situation in Chhattisgarh with regard to ruthless use of repressive laws and anti-democratic actions of the State Government and, in turn, formulate future strategy and action plan to defend democracy and restore the rule of law.
Rajendra K Sail
President
(Mobile: 098268-04519)
Labels: PUCL
posted by Resistance 7/26/2007 01:34:00 PM,
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Mangalore July 13: The Dakshina Kannada unit of Public Union for Civil Liberties (PUCL) staged a protest in front of the Deputy Commissioners office today July 12, 2007, to demand an inquiry into the encounter killings at Menasinahadya in Koppa where five alleged 'Naxalites were killed.
PUCL Dakshina Kannada unit President P B D'Sa addressing the protest meet, said that the home ministry has lost control over the police department who are taking great liberties in matters relating to encounter killings.
He demanded that an FIR should be immediately filed in the jurisdictional station under appropriate sections of the IPC, against the policemen and take immediate action against the officers who carried out the encounter.
http://mangalorean.com
Labels: Karnataka, PUCL
posted by Resistance 7/13/2007 11:03:00 AM,
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Since there appears to be some confusion about the exact status of the case against Binayak Sen, this note is being circulated to fill in the gaps in information.
1. Binayak has been in custody since 14.5.2007 in case FIR No. 44 of 2007 at Police Station Ganj, Raipur alleging offences under Sections 10(a)(1), 20, 21, 38, 39.2(b) & (d) of the Unlawful Activities (Prevention) Act, 1967 and Section 2(b) (d), 8(1)(2)(5) of Chhattisgarh Vishesh Jan Suraksha Adhiniyam 2005.
2. The above FIR, in fact, was lodged on 6.5.2007 against Pijush Guha who was searched on suspicion at the Raipur Railway Station and found carrying three letters written by "some senior Commander of Naxalite Organization from jail to two other leaders of Naxalite Organization", and Rs.49, 000/- in cash.
3. But Pijush Guha, at the first production before the Magistrate on 7.5.2007, recorded the fact that he had been illegally detained since 1.5.2007. It is upon a protest having been made regarding his illegal custody and a fax sent to the media in that connection, that this FIR was hurriedly recorded and the custody acknowledged in this illegal fashion six days later.
4. The FIR does not give any details of the dates of the letters, their contents, the names of the writers or the recipients, nor the name of any (banned) organisation that the writers or the recipients belong to. There is no recovery or search memo, or independent witnesses. The FIR, if filed correctly, should have contained these details. Even as per the prosecution, arguing before the Session's Court, the letters speak of nothing more than mere boycott of the Lok Sabha elections.
5. The conjecture on which Binayak has been arrested is that he had carried the letters, which were allegedly recovered from Pijush Guha, from jail to Pijush Guha. This seems to be based on the fact that Binayak had made visits to the jail as part of his PUCL-based jail reforms and legal aid work. But all these visits were made with the express permission of the Deputy Superintendent of Police and Jail Superintendent and conducted in the presence of the jail officials.
6. Although not mentioned in the FIR, it was argued by the state during the hearing of Binayak's bail application at the Session's Court on 25.05.2007, that he had been helpful in getting a house on rent for Anita Srivastava, an academic from Allahabad University, who is now branded by the state as a Naxal. However, while Binayak denies being instrumental in procuring the house, this cannot be construed to be an "illegal" activity.
7. The Sessions Court, while rejecting bail, said that there was reason to believe that Binayak was acquainted with Narayan Sanyal, Anita Srivastava, and Pijush Guha. Pijush Guha had also given a custodial statement, but that cannot be used as evidence in a court. In this respect, the Sessions Court does not seem to have applied the well settled principles of law to determine whether mere acquaintanceship can lead to an inference of guilt.
8. As far as Narayan Sanyal goes, he is an undertrial prisoner held for offences under Sections 302 and 147 of the IPC, and not either under the Unlawful Activities Prevention Act or the Chattisgarh Vishesh Jan Suraksha Adhiniyam – although Sanyal seems to be the pivot around which a spate of arrests has taken place recently under these two Acts. In fact, in January 2006 the State of Chattisgarh had stated before the High Court that he was not held by it. He was held in the State of AP and released on bail by the AP High Court but the State of Chattisgarh arrested him in connection with FIR 9/2005 in a pre-existing case.
9. The Sections under which Binayak is sought to be prosecuted are:? Being a member of an unlawful association, but the name and details of the organisation are not specified.? Being a member of a terrorist gang or organisation; again no details are given. ? Holding the proceeds of a terrorist act, which is not even alleged? Giving support to a terrorist organisation; again without substantiation. ? Soliciting contributions, and aiding an unlawful organisation, which is equally unsubstantiated.
10. In the search that was conducted of Binayak's home on 19.5.2007, the police seized articles on jail reforms, the Naxal movements, and on American Imperialism, written in respectable journals. The police have made insinuating statements, carried widely by the media, that PUCL is an organisation supporting Naxals, and that Binayak was a virtual absconder. The truth is that PUCL is a perfectly legitimate organisation, and Binayak voluntarily went to the police station on his return from Kolkata, when he was arrested in spite of previous assurances by the police.
11. Binayak was produced before the court on 05.06.2007 and remanded to another 15 days in judicial custody. This was the first occasion on which the lawyer from Delhi (Nitya Ramakrishnan) could argue before the court and thus get an opportunity to inspect the entire case file. A petition for bail, prepared on the basis of the case file and the details given above, is now going to be filed before the High Court on 11.06.2007, at which time a date shall be fixed for the hearing.Some more updateThe bail petition for Binayak could not be filed before the High Court on Monday 11th even. It is now going to be filed tomorrow, 13th and the date for hearing will not be before 25th. This, apparently, is because there is a consensus amongst the laweyrs in Chhattisgarh that "that is the way the Courts function in Chhattisgarh and the High Court is not willing to give early hearings".Ilina was also being threatened with arrest according to newspaper reports, but she now has got anticipatory bail yesterday because, when faced with the newspaper reports, the police made a statement in Court that they had no plans to arrest Ilina and the newspapers had printed their own version of the news.
By Dunu Roy
Labels: Chhatisgadh, PUCL
posted by Resistance 6/14/2007 11:07:00 PM,
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Related post Next target is Dr. llina sen.
Submission to the NHRC team investigating arrest of human rights Defender, Dr Binayak Sen.
7 June 2007
Since my return from Delhi on the 30th, I have had occasion to examine the court file in this case together with our lawyer, ms Nitya Ramachandran. To my horror, I found that letters from the Jail Supdt. to the district police establishment asking for security guards to escort Dr Sen to the court for extension of remand already refer to him as a hardcore naxalite prisoner. This is particularly shocking as neither has the chargesheet in the case been filed nor, understandably, the trial taken place. If the jail supdt draws this kind of conclusion unilaterally, it is only fair that we seek to discover the authority under which he does so. At the jail premises also, every time we visit Dr Sen, we are made to sign in a special register pertaining to naxalite prisoners. This is uncalled for and preposterous in a country where an accused is held to be innocent until proved guilty, and indicates the malafide intent of the state of Chhattisgarh in first identifying its victims, and then seeking to build up concocted cases against them.
In keeping with the pattern observed during the arrest of Dr Sen, in which a media vilification campaign was mounted prior to actual arrest, I found, after the 30th , that a similar campaign had been let loose against me alleging that my relationships and activities would be investigated I learnt today that a special investigating team led by a CSP has this morning visited my mother's home in Kolkata and enquired about my antecedents and tried to find out WHY we chose to work in Chhattisgarh.
It is useful to point out that while both Dr Binayak Sen and I have been publicly critical of Salwa Judum and have drawn attention to its many repressive features ,our work has always been in the public sphere and completely overboard for the last 20 years and more. I believe that the right to hold dissenting political positions is a fundamental right guaranteed by the constitution, and that the state of Chhattisgarh is operating under a presumption that 'you are either with us or against us'.
This is quite apart from the fact that any Indian citizen has the right to live and work in any part of India. The kind of monolithic thinking that the present government of Chhattisgarh holds is lethal to the democratic way of life. If this trend is allowed to continue, the Indian nation and national values will be destroyed from within quite without the assistance of the naxalites. The arrest of Dr Sen is a test case for Indian democracy.
I may be out of station after tomorrow, but will be happy to talk to the team on phone if they contact me on 94252-06875.
(Dr Ilina Sen) 7.6.07
Labels: Chhatisgadh, PUCL
posted by Resistance 6/11/2007 11:01:00 PM,
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Here is the complete list of documents and digital material seized by the police from Binayk Sen's home. He was also prevented from addressing the media to rebut the lies that the police chose to spread while addressing the press and media representatives gathered outside his home. Although the police was claiming in front of the media that they had found some significant documents, a copy of the seizure memo enlisting all the material exposes the "white lie" of the police. These are as follows: 1. Five CDs, mostly pertaining to the various investigations regarding Fake Encounters in Gollapalli, Katgaon, Surguja, and Jharkhand, which were made during the PUCL investigations, and contain interviews with the concerned citizens. PUCL has been distributing these for the last two years.
2. The Computer CPU, yet to be examined by experts;
3. A post-card dated 3.6.2006 written to Dr. Binayak Sen by the CPI (Maoist) leader, Sri Narayan Sanyal lodged at the Raipur Central Jail, regarding his health as well as legal case, which is duly signed by the Jail authorities carrying the Seal of the Jail Authorities;
4. News-paper clippings dated 19.6.2006, 8.4.2006, 27.8.2006, 26.12.2006, 21.8.2006, 8.1.2007, 21.12.2006 (Total 10 paper cuttings)
5. A Yellow coloured booklet "ON THE UNITY BETWEEN CPI (Peoples' War) AND MAOIST COMMUNIST CENTRE" in Hindi
6. A Letter written by Madanlal Banjare (a member of the CPI- Maoist) from Jail addressed to "Priya [dear] Comrade Binayak Sen" revealing the inhuman conditions and illegal activities in Raipur Central Jail. (PUCL NOTE: This letter was later sent to all newspapers and electronic media by the PUCL, and was prominently published in some newspapers);
7. A Xeroxed Article in English entitled: "Naxal Movement, Tribals and Women's Movement"
(PUCL NOTE: This Article is based on a dialogue carried out in Andhra Pradesh during the period of the Peace Talks and was later published in the prestigious periodical Economic & Political Weekly, Mumbai)
8. A hand written photocopied note of 4 pages on "How to build an Anti-US Imperialist Front.";
9. Eight page Article entitled: "KRANTIKARI JANWADI MORCHA (ITF) VAISHAVIKARAN AWAM BAHRTIYE SEVA KSHETRA; (Globalization and the Service Sector in India)
10. A recent document dated 18.7.06 of CPI (M) "Recent Police Activities and Labourers". B.10;
11. A Book on 'SALWA JUDUM :Bastar ki janata par Fasivadi hamla' [Salwa Judum: Fascist Attack on te People of Bastar] published by the Committee of Tribals affected by Salwa Juroom (48 pages); in which on page number 41 is a Press Release Maowadiyon aur Bhautiki Jan Samasyayon par Jari Barbarta sarkaar prayojit Salwa Judum ka Virodh Karo dated 11th March 2006 ( One page);
12. One issue of 'Peoples' March' (December 2004)published from Ernakulam, Kerala, (Registration Number :RNI N0: KER/ENG 2000/2051)
Labels: Chhatisgadh, PUCL
posted by Resistance 6/01/2007 08:21:00 AM,
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We invites all to join the huge rally protest of raipur on 31st. This will be a strong message to the repressive and undemoctaric state. . We hope you are already preparing to reach Raipur to join the voices of dissent.
Venue : KHALSA SCHOOL, near Pandri Bus stand, Pandri Accommodation: Pastoral Centre, near Holy Cross School, Baron Bazar Contact Person : Adv. Sudha Bhardwaj (mobile: 099266-03877)
Another major concern is about the threat of Dr. Ilina Sen getting arrested. This news is being spread by the CG police themselves and hence also the CG local press. Sources close to police confirm that they do plan to arrest her on the grounds of being owner of the house from where "incriminating evidence" was found.
This is ridiculous and should get on the nerves of anyone who has any allegiance to human rights or civil liberties. Friends, it is high-time we show the CG government that lawlessness and absolute human rights violations will not be tolerated by people. We hope the 31st programme becomes a common ground of this declaration.
However, the ground situation in Chhattisgarh continues to be extremely bad with more and more people's movements and activists being targeted. Radheshyam Sharma is still in jail, but atleast he has ended his hunger strike and is not getting tortured compared to Piyush Guha or some others... Another issue is lack of pro-active legal support that is required from legal experts on HR issues and draconian legislations...
In Solidarity,
Vijayan MJ
Labels: Chhatisgadh, PUCL
posted by Resistance 5/30/2007 10:05:00 AM,
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Raipur 29 May, 2007
Thousands of workers, farmers, tribals, dalits, women, youth & children gathered in Raipur (Chhattisgarh) on 28th May 2007 to protest against the black law: Chhattisgarh Special Public Security Act, 2005 (CSPSA) and the arrest of Dr. Binayak Sen, General Secretary of Chhattisgarh PUCL & Vice-President, National PUCL under the highly controversial provisions of the CSPSA. The daylong protest demonstration was organized by the United Front of Chhattisgarh People’s Movement that included Chhattisgarh Mukti Morcha (CMM), Nadi Ghati Morcha, EKTA PARISHAD, Baiga Mahapanchayat, Chhattisgarh Mahila Jagriti Sangathan (CMJS) & Chhattisgarh Bal Shramik Sangathan (CBSS).
Close to 6 thousand people from all over Chhattisgarh participated in the daylong dharna, rally and public meeting raising their voice against the police harassment of the Human Rights & Social Activists working for the rights of the people, especially the tribals, dalits, women, bonded & child labourers, workers, farmers, minorities, etc. They also demanded that the Government should immediately stop their anti-people’s policies and adopt a pro-people’s agenda where the land, water, forest, seeds, and other natural resources are collectively owned by the people, and basic facilities like employment, health, education, drinking water, etc are made available to the people as their fundamental right & not a commodity.
Prominent amongst those who provided leadership at the United Protest Demonstration were Mr. Janak Lal Thakur, Mr. Sheikh Ansar & Mr. Ganesh Ram Chaudhary of CMM; Mr. Gautam,
of Nadi Ghati Morcha; Mr. Ratneshwar Nath of EKTA PARISHAD; Ms. Shashi Sail of CMJS, Mr. Lakhan Singh, Journalist, Mr. SK Patel of Mukti-Niketan & Ms. Kumud Nandgave of CBSS.
OUR DEMANDS
1. Withdraw all false cases against Dr. Binayak Sen and release him immediately.
2. Repeal the Chhattisgarh Special Public Security Act, 2005.
3. Stop police harassment of Human Rights & Social activists, media persons, intellectuals working for the rights of the people, especially the tribals, dalits, women, bonded & child
labourers, workers, farmers, minorities, etc.
4. Stop Salwa Judum & other anti-tribal activities, and withdraw Naga battalion, Mizo battalion & Central Security forces from Bastar.
5. Stop displacement from forest and implement Schedule Tribe and Traditional Forest Dwellers Land Rights Bill (Forest Rights Recognition Act) 2006.
6. The tribals of Bastar should have collective ownership over the natural resources of Bastar, and the attack on their democratic rights should be stopped immediately and the model of development should be based on the principles of social justice and equality.
A protest demonstration is also being organized on 31st May 2007 by the Chhattisgarh PUCL against the Black Laws and the arrest of Dr. Binayak Sen.
Venue : KHALSA SCHOOL, near Pandri Bus stand, Pandri Accommodation: Pastoral Centre, near Holy Cross School, Baron Bazar Contact Person : Adv. Sudha Bhardwaj (mobile: 099266-03877)This in appeal to all democratic organizations & peace loving citizens to join forces in defence of Democracy & Freedom. We will make an attempt to keep you informed on the future activities.
Akshay Sail
98265-70111
Labels: Chhatisgadh, PUCL
posted by Resistance 5/29/2007 10:40:00 PM,
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Dear friends!
As you know the vice-president of PUCL Dr. binayak sen were arrested by chhatishgarg police alleged false cases. Police searched the house of Dr. sen and found some pumphalates related to resistance against US imperialism and a letter written by a CPI (Maoist) leader name Madan in which he described the worst condition of prisoners in raipur central jail and requested to take some action against this by PUCL Chhatishgarh.
In this particular letter the maoist leader addresed Dr. binayak as " priya comrade binayak." the police is acclaiming that this addressing show the connection of Dr. sen with maoist.
Arresting of Dr. binayak sen triggered the all democratic and thinking people of india as well as the world. accros all over country strong protest are increasing day by day. In these instant protest justice Rajendra sachhar, world known writer Arundhati Roy, activist Sandeep pandey, seniour journalist Prabhash joshi, Ajit Bhattacharji, former Collecter B.D.Sharma, ideal IAS Harsh mandar and so many well recognize citizens show the deep solidarity with Dr. Sen and came out side to protest against the atrocity of state on human and civil right activist.
In a dramatic incident Raipur police had also arrested the PUCL Chhatishgarh's president Rajendra sail, about this you were informed earlier. But still all sheduled protest will continue.
On 31st there will be a huge mobilization of social activist, intellectuals, journalist, cultural activist,students, women and people from all section of society in Raipur. Between this there are going so many protests, seminars, rallies and dharnas.
We invites all to join the huge rally protest of raipur on 31st. this will be a strong message to the repressive and undemoctaric state. i would like to say that there is no need of any extra fomalities about this. plz. join this!!!
for detail plz. contact.
09977335471
(chandrika)
Labels: PUCL
posted by Resistance 5/29/2007 01:32:00 PM,
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Human rights activist Adv.R K Sail arrested State's deliberate attempt to disrupt peaceful demonstrations against blck laws
25th May 2007, Raipur (Chhattisgarh) Adv. Rajendra Kumar Sail, Human Rights Activist and presently President of Chhattisgarh PUCL was arrested on 24th May 2007 by heavily armed Chhattisgarh Police in pursuance of the one week simple imprisonment sentence given by the Hon'ble Supreme Court of India in the Contempt of Court case involving contempt of the Jabalpur High Court on the Judgment delivered by the Jabalpur High Court in the Shaheed Niyogi Murder Trial. The timing and manner of his arrest proves that it was a deliberate attempt by the Chhattisgarh Government to deliberately remove Adv. R K Sail from the scene of the protest and disrupt against the arrest of Dr. Binayak Sen, General Secretary of Chhattisgarh PUCL & Vice-President, National PUCL under the provisions of the highly controversial Black Laws: Chhattisgarh Special Public Security Act, 2005 and the Unlawful Activities (Prevention) Act, 1967 (amended in 2004).
It may be recalled that Adv. RK Sail is heading the campaign against the arrest of Dr. Binayak Sen and the use of Black Laws like CSPSA on Human Rights and Social Activists working for the rights of the workers, farmers, adivasis, women and the youth. The Social Movements & Human Rights Organizations are protesting against this action of the CG Government and on 24th May 2007 one-day dharna was organized at the District Headquaters all over the State, and State level & Natioanl Level dharna will be organized on 28th May and 31st May 2007, respectively. A signature campaign was also launched on 24th Mat 2007 mobilizing public against Dr. Sen's detention under the black laws.
Adv. RK Sail was sentenced to six month simple imprisonment by the Jabalpur High Court in 1998 for voicing his comments on the judgment delivered by the Jabalpur High Court in the Shaheed Niyogi Murder trial in which the High Court had completely changed the judgment of the Session Court, Durg and acquitted all the accused. Adv. RK Sail had gone in appeal in the Hon'ble Supreme Court and on 21st April 2005 the Hon'ble Supreme Court had reduced the sentence to one week with the comment that "…the sentence awarded to Rajendra Sail by the High Court having regard to nature of contempt cannot be said to be unjustified. But having regard to his background and the organization to which he belongs which, it is claimed, brought before various courts including this court many public interest litigation for general public good, we feel that ends of justice would be met if sentence of six month is reduced to sentence of one week simple imprisonment. We order accordingly."
Yesterday, the Chhattisgarh Police arrested him after he was returning from participating in a daylong dharna at Raipur against the arrest of Dr. Binayak Sen. Heavily armed Police personals surrounded his vehicle in front of the Mahila Thana and took him to Civil Lines Police Station where he was served the warrant issued by the Jabalpur High Court on 12th March 2007. The police then proceeded to take him to Jabalpur by road. He will be produced before the Magistrate(Judicial) of Jabalpur High Court today to undergo the imprisonment of one week.
The manner and the timing of his arrest proves that it was a deliberate move by the Chhattisgarh Government to remove Adv. RK Sail from the scene of the protest and to undermine and jeopardize the peaceful campaign. But, the social action groups & human rights organizations are more determined then before to protest against the draconian designs of the State to suppress the voice of democratic struggle.
This is an appeal to all to join in the protest demonstration and raise our united voice against in defence of democracy. We will make an attempt to keep you informed on the progress.
Akshay Sail
098265-70111 Labels: Chhatisgadh, PUCL
posted by Resistance 5/26/2007 12:16:00 PM,
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Sign the Petition View Current Signatures
Labels: Chhatisgadh, Petition, PUCL
posted by Resistance 5/25/2007 02:58:00 PM,
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| Demonstration for his unconditional release organised in New Delhi |
— Photo: Rajeev Bhatt
VOICE FOR VOICELESS: Writer and social activist Arundhati Roy addressing a press conference held against the arrest of Binayak Sen, general secretary, Chhattisgarh PUCL, in New Delhi on Thursday. — Photo: Rajeev Bhatt
NEW DELHI : Alleging that fake encounters in the past two years have claimed the lives of 155 people in Chhattisgarh, members of the People's Union for Civil Liberties (PUCL) on Thursday accused the State Government of subjecting Adivasis to atrocities under the garb of Salwa Judum — a people's movement against terrorism and naxalism initiated by the Government in June 2005.
The recent arrest of PUCL member Binayak Sen in Chhattisgarh, they said, was an example of the Government's repression on voices that drew attention to human rights violations.
Members of the PUCL, who organised a demonstration outside the Chhattisgarh Bhavan in the capital on Thursday, have sought Dr. Sen's unconditional release.
They accused the Government of "framing" Dr. Sen, a paediatrician and the vice-president of the PUCL in Chhattisgarh. He was arrested on May 14 under the Unlawful Activities (Prevention) Act, 2004, and the Chhattisgarh Special Public Security Act, 2005.
Later addressing a press conference, Harish Dhawan of the People's Union for Democratic Rights (PUDR) said Dr. Sen had been falsely implicated.
``The State Government has unleashed terror and the police have not yet filed a First Information Report. Threats to PUCL members and Dr. Sen had begun two-and-a-half years ago, because we had begun to draw attention to the large-scale killings, rapes and human rights violation that went unreported."
Condemning the arrest of Dr. Sen, the former Chief Justice of the Delhi High Court, Justice Rajinder Sachar, said: "PUCL members are committed to non-violence.
``Violence cannot be tolerated; State violence is no less than any other violence. POTA's draconian laws have been incorporated in the Unlawful Activities (Prevention) Act, 2004."
`Dangerous trend'
Criticising Salwa Judum, noted writer Arundhati Roy said: "What has happened to Dr. Sen is what has been happening to the people of Chhattisgarh; people who are not heard, who have no voices. It all begins with the creation of Salwa Judum. Both the Congress and the Bharatiya Janata Party are colluding to create a people's militia and using unemployed people as special protection officers. This is a dangerous trend... which will result in the society becoming militarised."
Advocate Prashant Bhushan accused the Government of orchestrating "land grabbing" and repressing the Adivasis who raise their voice against this. Joining the PUCL in seeking the release of Dr. Sen were members of the PUDR, Medicos Friend Circle, the National Alliance for People's Movement, the Socialist Front, Saheli and the Delhi Solidarity Group.
Labels: Chhatisgadh, PUCL
posted by Resistance 5/18/2007 08:48:00 AM,
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To protest against the Arrest
of
Dr. Binayak Sen
General Secretary, PUCL, Chhattisgarh
JOIN PROTEST DHARNA
at
CHATTISGARH BHAWAN,
SARDAR PATEL MARG
Chanakhyapuri
Near Gyarah Murthy
New Delhi
Time: 12 Noon
Date: 17th May 2007 (Thursday)
Peoples's Union for Democratic Rights (PUDR)
People's Union for Civil Liberties(PUCL)
Medico Friend Circle
National Alliance for People's Movement (NAPM)
Labels: Delhi, PUCL
posted by Resistance 5/17/2007 01:04:00 AM,
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UPDATE
Raipur, 14th May, 2007 (19:00 Hrs)
Dr. Binayak Sen, General Secretary, Chhattisgarh PUCL and Vice-President, National PUCL was arrested this afternoon, produced at the Court of the Chief Judicial Magistrate, Bilaspur, and send to the Raipur Central Jail on Judicial Remand till 18 th of May 2007.
It may be noted that Dr. Sen was arrested as a co-accused in the case of Mr. Piyush Guha, supposedly a messenger for Community Party of India (Maoist), under the Chhattisgarh Special Public Security Act, 2005 and the Unlawful Activities (Prevention) Act, 1967 (amended in 2004)
He was medically examined before producing him at the CJM Court. He told the Doctors about all his ailments, and was given the choice by the Court to be admitted in the Hospital, which was refused by Dr. Sen himself, who preferred to go the Jail.
Today only Dr. Sen returned from Kolkotta after a fortnight's rest and treatment. At about 1 pm, a policeman went to the office of Adv Sudha Bhardwaj, Member, Executive Committee, Chhattisgarh PUCL, and informed that the City Superintendent of Police, Bilaspur would like to record a statement. At this point, both Dr. Sen and Adv Bhardwaj went to the Tar Bahar Police Station, Bilaspur. They were then told that a police party was coming from Raipur for formal arrest. A police party led by Mr. B B S Rajpur, SSP (City), Raipur came along with others, and formally arrested him, sent him for medical examination and then produced him in the court of the CJM, Bilaspur.
It is expected that police would move further applications in the matter, like issuance of search warrant of his residence/premises, etc.
On behalf of the Chhattisgarh PUCL, an emergency meeting has been convened tomorrow at Raipur, in which future strategy and action plan would be chalked out. In the mean time, the Chhattisgarh PUCL office-bearers are in touch with the National PUCL for their guidance in the matter. Adv K G Kannabiran, National President, PUCL would be advising the lawyers in Chhattisgarh for appropriate action in the respective Courts.
Labels: Chhatisgadh, PUCL
posted by Resistance 5/15/2007 09:28:00 AM,
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Oppose Attack on Peoples Union for Civil Liberties, Chhatisgarh
We, the following Civil and Democratic Rights organizations, strongly condemn the arrest of Dr. Binayak Sen, General Secretary, PUCL (Chhattisgarh) and Vice President, PUCL (National) under the draconian Unlawful Activities (Prevention) Act, 2004 and Chhattisgarh Special Public Security Act 2006. Dr. Sen is a very well respected civil rights activist of long standing who has the rare ability to integrate his medical profession with his activism. He had come to Bilaspur today to attend his clinic and was informed by the City SP, Bilaspur to reach the local thana for recording of statement. When he reached the thana, he was arrested.
The arrest of Dr. Binayak Sen has come after a week long false charges by the SP Raipur that Dr. Binayak Sen is a Naxalite. In the last few days, the police had made similar public statements against some other PUCL (Chhattisgarh) activists and democratic rights activists including Ms. Rashmi Dwivedi and Mr. Gautam Bandopadyay.
Arresting of civil and democratic rights activists is neither new nor original. The experience of various Civil Rights organizations including the Andhra Pradesh Civil Liberties Committee over the last two decades is enough proof of how the state has attacked those who have questioned the state and exposed the truth behind fake encounters, disappearances and rapes that form an integral part of the operations of state forces. In the present context, it is well known that the Chhattisgarh Government has been indulging in the most brazen brutality in the adivasi areas of the State to suppress the Maoist movement. Dr. Sen's untiring work in documenting the atrocities and violations committed by the state forces in the guise of the Salwa Judum has earned him the ire of the police. PUCL, Chhattisgarh and other democratic activists have been raising their voice and campaigning against these illegal and inhuman practices, and for this service to democracy, the familiar allegation of being a 'Maoist' is made against them.
When the UAPA was amended in 2004 after the repeal of POTA and when the Chhatisgarh Special Public Security Act was enacted in 2006, we expressed the apprehension that it would be used against democratic movements and activists, and the apprehension has been proved right.
We condemn the arrest of Dr. Sen and demand his immediate and unconditional release.
1. K. Balagopal, General Secretary, Human Rights Forum, Andhra Pradesh.
2 G.K.Ramaswamy, Convenor, Peoples Democratic Forum, Karnataka
3 Nagraj Adve, Secretary, Peoples Union for Democratic Rights, Delhi
4 D. Suresh Kumar, Joint Secretary, Andhra Pradesh Civil Liberties Committee
5 Sujato Bhadra, Secretariat Member, Association for the Protection of Democratic Rights, West Bengal
Who is Dr. Binayak Sen?
Dr. Binayak Sen is a very well known person and highly respected both in Chhattisgarh and elsewhere. As a medical doctor, Dr Sen has been actively involved in reaching health care to the poorest people as well as monitoring the health and nutrition status of the people of Chhattisgarh. Dr Sen helped to set up the Chhttisgarh Mukti Morcha's Shaheed Hospital a pioneering effort to effort to set up a health programme and hospital owned and operated by a workers' organization for the benefit of the common people Besides being actively associated with the Shaheed Hospital, Dr Sen is a very well respected member of Jan Swasthya Sahyog which is committed to developing a low-cost, effective, community health programme in the tribal and rural areas of Bilaspur district of Chhattisgarh. He was also a member of the state advisory committee set up to pilot the community based health worker programme across Chhattisgarh that later became well known as the Mitanin programme. He also gives his services to a weekly clinic in a tribal community in Dhamtari district.
As General Secreatary of the Chhattisgarh PUCL, he has helped to organize numerous fact finding campaigns into human rights violations in the state including custody deaths, fake encounters, hunger deaths, dysentery epidemics, malnutrition, and other similar violations. In recent times has worked intensively to bring large scale oppression and malgovernance within the so called Salwa Judoom in Dantewara to national and international attention. Dr. Sen has regularly spoken to the local and national media on these issues.
Dr Sen has been contributing theoretical papers to books and journals on public health .He was the recipient in 2004 of the Paul Harrison award for lifetime work medical Care in the service of Humanity, an award given annually by the Christian Medical College Vellore to one of its alumni
Labels: Chhatisgadh, PUCL
posted by Resistance 5/14/2007 11:42:00 PM,
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Press Release
PEOPLES UNION FOR CIVIL LIBERTIES
CHHATTISGARH
Post Box No. 87, Main Post Office, Raipur – 492001: Chhattisgarh: India
E-mail: pucl.cg@gmail.com
Raipur, 10th May, 2007
The People’s Union for Civil Liberties - Chhattisgarh (PUCL) has strongly condemned the attempt by the Chhattisgarh Police in implicating Human Rights Activists in Naxal activities, especially in the matter of “illegal detention” of Mr. Piyush Guha, who has been wrongfully confined in police custody for six days without even following the guidelines provided by the Supreme Court in the D K Basu Vs. State of West Bengal. PUCL plans to carry out a concerted campaign to expose the designs of the Chhattisgarh Government in discrediting the human rights organisations and movement, which has creatively contributed to the preservation and promotion of human rights in particular, and the gross violations committed by the various governments in Chhattisgarh during the past 30 years. PUCL is also contacting its national leadership to explore the possibility of legal action in this regard.
In an emergency meeting of the State Unit today at Raipur, the Chhattisgarh PUCL has also taken strong objection to the “falsehoods” and “insinuations” being spread by the Chhattisgarh Police regarding the person’s absence from his house. In fact, Dr. Binayak Sen and his family have gone to Kolkotta to be with their family during summer holidays since 1st of May 2007, which was planned long ago. However, without verifying this fact, the Chhattisgarh Police has tried to create an impression as if Dr. Sen had vanished after the incident of “illegal detention” of Mr. Piyush Guha.
In a statement issued today by Adv Rajendra K Sail, President of Chhattisgarh PUCL, it has been categorically stated that Dr. Binayak Sen is not only the General Secretary of the Chhattisgarh PUCL, but has played a prominent role in defending and promoting human rights not only in Chhattisgarh but also in the country. Dr. Binayak Sen is also presently the Vice-President of the National PUCL.
The PUCL considers this as an attempt to discredit the Human Rights Activists and Organisations in the wake of facts coming out in the open about recent fake encounters in Panjher and Santoshpur villages of Bijapur Tahsil of Dantewara District in Chhattisgarh, in which more than a dozen citizens were not only murdered in cold blood but also buried without fulfilling any legal formalities like post-mortem and decent burial with religious rites. Their bodies were recently exhumed from a mass grave at the orders of the State Human Rights Commission, and the post-mortem conducted revealed bullet injuries on their bodies.
PUCL has further stated that there is a public uproar on the growing police brutality in Chhattisgarh and deliberate destruction of democratic aspirations of the peace-loving people, which has been amply demonstrated in demands by various political parties, civil society organisations, prominent citizens, especially the adivasi and dalit leaders for a high level enquiry into these incidents of State Violence.
The PUCL would like to assert the fact that meeting and providing legal aid to the victims of human rights violations by the State was part and parcel of the stated objectives of the PUCL, and it was in fulfilling these tasks and responsibilities as an office-bearer of the PUCL that Dr. Sen had been functioning with faith and commitment. All such activities are not only Constitutional and legal, but produced the required results as the “illegalities” and “corruption” in Jails, Custodial Deaths, Fake Encounters, Fake Surrenders and Fake Arrests etc., have been made public and acted upon by various Courts in the country.
Rajendra k Sail
President
Mobile: 098268-04519
Labels: Chhatisgadh, PUCL
posted by Resistance 5/11/2007 08:42:00 AM,
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Press Release
“CHATTISGARH GOVERNMENT HAS VIOLATED EVERY SINGLE LEGAL NORM AND GUIDELINES PROVIDED BY NHRC IN THE MATTER OF EXTRA-JUDICIAL KILLINGS- ALLEGES PUCL”
Raipur, 9th May, 2007
The People’s Union for Civil Liberites - Chhattisgarh (PUCL) has demanded Enquiry by the Central Bureau of Investigation (CBI) in all Extra-judicial killings in Chhattisgarh since 2005. The issue has acquired serious proportions in the wake of the fake encounter case at Santoshpur in Bijapur, where not less than 12 innocent citizens were killed by the State Police. Attempts to cover up such violations by the Chhattisgarh Police of human rights and legal processes enshrined in the Constitution of India now need to be thoroughly investigated by the CBI and the Judicial Enquiry Committee, as the Chhattisgarh Government has lost the moral and legal right to do so. Such an investigation must also include killings and other crimes committed by the Salwa-Judum with the active connivance of the State Police.
In a press statement issued today, Adv Rajendra K Sail, President of Chhattisgarh PCL has categorically demanded arrests of those police officials whose complicity in the Santoshpur Fake Encounters have been established.
The Chhattisgarh PUCL has also expressed concern that the guidelines issued by the National Human Rights Commission (NHRC) in the cases of extra-judicial killings have not been followed by the Chhattisgarh Government, in spite of repeated reminders by the Chairperson of the NHRC.
The Chhattisgarh PUCL will an Intervention Application in the WRIT PETITION (CRI) NO. 14 OF 2007 ( Smt. Leda Versus UNION OF INDIA & ORS) pending before the Chhattisgarh High Court. It may be recalled that Smt. Leda, wife of a member of the Community Party of India (Maoist) name Ramesh Nagashia has alleged that her husband has been killed by the police in a fake encounter in front of her eyes and she was also raped. The Chhattisgarh High Court has issued notice to several police officials and the Central and State Governments in this matter.
Adv Rajendra K Sail, President of Chhattisgarh PUCL has categorically stated that Chhattisgarh Government has been committing crimes against humanity in the name of “curbing naxalism” for the past two years. The Chhattisgarh PUCL has, time and again, brought this gross violation of human rights through various fact finding studies. That is why, the PUCL State Convention held on 14th & 15th April, 2007 at Ambikapur had deliberated on the Theme: “FAKE ENCOUNTER, FAKE SURRENDERS AND FAKE CASES”. Chhattisgarh PUCL has always maintained that “extra-judicial killings” serve as the barometer for the state of human rights in any region or country. Going by such a barometer, the state of Human Rights is deteriorating day-by-day in Chhattisgarh with the increase in Encounter and Custodial deaths.
Rajendra K Sail
President
Chhattisgarh PUCL
Mobile: 098268-04519
Labels: Chhatisgadh, PUCL
posted by Resistance 5/11/2007 08:34:00 AM,
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