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September 5, 2013
COORDINATION OF DEMOCRATIC RIGHTS ORGANISATION (CDRO)
Press Statement
4th September 2013
4th September 2013
Arrest of Hem Mishra and Prashant Rahi:
Silencing voices questioning violation of fundamental rights
Silencing voices questioning violation of fundamental rights
The CDRO strongly condemns the arrest of Prashant Rahi and Hem Mishra, accusing them of Naxal links. Though the exact date of Hem Mishra’s arrest is yet to be ascertained, he was most probably picked up by the police around around 15th August. Prashant Rahi was on the other hand was arrested on the 2nd September. The allegation against both of them is that they were carrying some documents/ literature. Both have been charged under the notorious Unlawful Activities (Prevention) Act [UAPA]. Both are serving a long period of police remand without being provided a lawyer.
Hem Mishra had been active with a student organization in Uttarakhand before coming to Delhi, when he obtained admission at the Jawaharlal Nehru University. In the year 2007/08, a number of activists involved in organizing youth and the rural poor in Uttarakhand were arrested on the allegation of Maoist links. So potent was the terror unleashed, that few would dare to question the allegations or meet the arrested persons for fear of being implicated. Hem Mishra, handicapped in one hand, was the person who visited all the arrested in jail and helped them get legal support. One of the arrested at that time was Prashant
Rahi.
Rahi.
Prashant Rahi (52 years) worked as a journalist in Uttarakhand. He was also passionately involved with a host of protest movements ranging from issues of forest-dwellers, and of rural labour, to the displacement by the Tehri dam. Arrested in December 2007, alleged to be a most-senior Maoist leader, Prashant was kept in solitary confinement through most his 3 year 8 month stay in the jail. Once
released on bail, Prashant took upon himself to visit those imprisoned as Naxalites all over the country and to help them obtain access to a lawyer. To this end, he was regularly travelling to across the country collecting details of cases and reaching the same to lawyers.
released on bail, Prashant took upon himself to visit those imprisoned as Naxalites all over the country and to help them obtain access to a lawyer. To this end, he was regularly travelling to across the country collecting details of cases and reaching the same to lawyers.
That there is no real allegation of any crime against both Hem Mishra and Prashant Rahi, it is evident from the fact that both have been charged solely on the basis of the UAPA. For, it is this law that makes normal social and political activity into a crime solely on the whims and fancies of the police. Banning of political organisations and converting any association with such organizations and their opinions into a crime is what opens the gates to the law becoming an instrument of injustice.
In addition, the illegal, yet reasonably settled practice of the police of not registering a panchnama at the time of the detention,
makes it difficult to ascertain the exact date, time and place of arrest. Such unlawful detention leaves much scope for abuse. It is
ironical, in cases where UAPA is applied, courts have been less critical of the blatant violations of procedure, in the name of larger security concerns.
makes it difficult to ascertain the exact date, time and place of arrest. Such unlawful detention leaves much scope for abuse. It is
ironical, in cases where UAPA is applied, courts have been less critical of the blatant violations of procedure, in the name of larger security concerns.
Thus while the alleged “crime” as well as the circumstances of the arrest remain suspect, a vilification campaign has been mounted by the police that masquerades as information in the newspapers. No doubt, that this has become the preferred method to silence those working for basic civil liberties and implementation of fundamental rights.
Another favourite practice of the police has been to foist new cases against accused, especially under the UAPA and its previous
incarnations, when those accused are either released on bail or else when acquittal in the existing cases is at hand. This has been done ad nauseum to frustrate the bail or acquittal orders of the court and has not yet found serious criticism from the judiciary. In the case against Prashant Rahi too, no incriminating evidence has been found against him in the case in Uttarakhand and he would be acquitted soon.
incarnations, when those accused are either released on bail or else when acquittal in the existing cases is at hand. This has been done ad nauseum to frustrate the bail or acquittal orders of the court and has not yet found serious criticism from the judiciary. In the case against Prashant Rahi too, no incriminating evidence has been found against him in the case in Uttarakhand and he would be acquitted soon.
We therefore demand the immediate dropping of all charges under the UAPA and the immediate release of those arrested.
Kranthi Chetanya (APCLC, Andhra Pradesh), Paramjeet Singh (PUDR, Delhi), Parmindar Singh (AFDR, Punjab), Phulendro Konsam (COHR,
Manipur) and Tapas Chakraborty (APDR, West Bengal)
Manipur) and Tapas Chakraborty (APDR, West Bengal)
(Coordinators of CDRO).
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Constituent Organisations: Andhra Pradesh Civil Liberties Committee (APCLC); Association for Protection of Democratic Rights (APDR, West Bengal); Bandi Mukti Morcha (West Bengal); Committee for Protection of Democratic Rights (CPDR, Mumbai); Coordination for Human Rights (COHR, Manipur); Human Rights Forum (HRF, Andhra Pradesh); Manab Adhikar Sangram Samiti (MASS), Assam; Naga Peoples Movement for Human Rights (NPMHR); Organisation for Protection of Democratic Rights (OPDR, Andhra Pradesh); Peoples’ Committee for Human Rights (PCHR, Jammu and Kashmir); Peoples Democratic Forum (PDF, Karnataka); Peoples Union For Civil Liberties (PUCL, Chhattisgarh); Peoples Union For Civil Liberties (PUCL, Jharkhand); Peoples Union For Civil Liberties (PUCL,Nagpur); Peoples Union For Civil Liberties (PUCL, Rajasthan); Peoples Union For Democratic Rights (PUDR, Delhi); Peoples Union for Civil Rights (PUCR, Haryana) and Campaign for Peace & Democracy in Manipur (CPDM), Delhi
Constituent Organisations: Andhra Pradesh Civil Liberties Committee (APCLC); Association for Protection of Democratic Rights (APDR, West Bengal); Bandi Mukti Morcha (West Bengal); Committee for Protection of Democratic Rights (CPDR, Mumbai); Coordination for Human Rights (COHR, Manipur); Human Rights Forum (HRF, Andhra Pradesh); Manab Adhikar Sangram Samiti (MASS), Assam; Naga Peoples Movement for Human Rights (NPMHR); Organisation for Protection of Democratic Rights (OPDR, Andhra Pradesh); Peoples’ Committee for Human Rights (PCHR, Jammu and Kashmir); Peoples Democratic Forum (PDF, Karnataka); Peoples Union For Civil Liberties (PUCL, Chhattisgarh); Peoples Union For Civil Liberties (PUCL, Jharkhand); Peoples Union For Civil Liberties (PUCL,Nagpur); Peoples Union For Civil Liberties (PUCL, Rajasthan); Peoples Union For Democratic Rights (PUDR, Delhi); Peoples Union for Civil Rights (PUCR, Haryana) and Campaign for Peace & Democracy in Manipur (CPDM), Delhi
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COMMITTEE FOR THE RELEASE OF POLITICAL PRISONERS
185/3, FOURTH FLOOR, ZAKIR NAGAR, NEW DLEHI-110025
03/09/2013
185/3, FOURTH FLOOR, ZAKIR NAGAR, NEW DLEHI-110025
03/09/2013
Condemn and expose the insidious designs of the intelligence agencies to hatch up a case of Hem Mishra and Prashant Rahi together!
Release Hem Mishra and Prashant Rahi Immediately; Unconditionally!
Release Hem Mishra and Prashant Rahi Immediately; Unconditionally!
On the 2 September 2013, Chandrakala Tiwari—life partner of Prashant Rahi a journalist and people’s activist—informed the CRPP that
Prashant has been arrested by the Gadchiroli police as she received a call from them. Since then we have been trying to find out WHY, WHERE, WHEN and HOW Prashant Rahi got arrested. Prashant Rahi a people’s activist was charged under sections 121, 121A, 124A, 153B, 120B IPC and section 20 UAPA and was under trial at the Session Court of Rudrapur, Uttarakhand. After languishing in the prison for 3 years and 8 months, he was released on bail on August 21, 2011. Since then he managed to stay in Rudrapur as his trial was continuing there and was supposed to conclude this month end. It goes without saying that the arrest and possible frame-up of Prashant can also prejudice the trial that is about to conclude. He was earning his living through translations and contributing articles to newspapers.
From independent media sources, human rights activists and lawyers we could gather that Prashant Rahi was arrested from somewhere near the Raipur court. If so then why has he been taken to Aheri police station, Gadchiroli district, Maharashtra? The only thing that can be ascertained given the track record of the state/district intelligence agencies, NIA and their like one can be rest assured that this is nothing but to incriminate Hem Mishra, a JNUite and Prashant Rahi in the same case! This is a deliberate attempt from the intelligence agencies desperate to show something ‘big’ in an otherwise instance of frame-up of Hem Mishra. As we may recall Hem Mishra was incommunicado since 20 August 2013 and finally was shown as arrested at Aheri. Since then he has been under police custody. Now with the arrest of Prashant Rahi also being shown at Aheri, both Hem Mishra and Prashant Rahi have been remanded for another 14 days in police custody. Now the police cannot ask as to why Prashant Rahi was in the first place in Raipur?! To randomly pick up someone from anywhere to build up a story that befits the war-cry of the state is nothing but impunity at its worst. This can only lead to criminalisation of all forms of dissent/political opinion. As conscious citizens we need to resist and fight such criminal tendencies from those who are supposed to take care of the law and order.
Prashant has been arrested by the Gadchiroli police as she received a call from them. Since then we have been trying to find out WHY, WHERE, WHEN and HOW Prashant Rahi got arrested. Prashant Rahi a people’s activist was charged under sections 121, 121A, 124A, 153B, 120B IPC and section 20 UAPA and was under trial at the Session Court of Rudrapur, Uttarakhand. After languishing in the prison for 3 years and 8 months, he was released on bail on August 21, 2011. Since then he managed to stay in Rudrapur as his trial was continuing there and was supposed to conclude this month end. It goes without saying that the arrest and possible frame-up of Prashant can also prejudice the trial that is about to conclude. He was earning his living through translations and contributing articles to newspapers.
From independent media sources, human rights activists and lawyers we could gather that Prashant Rahi was arrested from somewhere near the Raipur court. If so then why has he been taken to Aheri police station, Gadchiroli district, Maharashtra? The only thing that can be ascertained given the track record of the state/district intelligence agencies, NIA and their like one can be rest assured that this is nothing but to incriminate Hem Mishra, a JNUite and Prashant Rahi in the same case! This is a deliberate attempt from the intelligence agencies desperate to show something ‘big’ in an otherwise instance of frame-up of Hem Mishra. As we may recall Hem Mishra was incommunicado since 20 August 2013 and finally was shown as arrested at Aheri. Since then he has been under police custody. Now with the arrest of Prashant Rahi also being shown at Aheri, both Hem Mishra and Prashant Rahi have been remanded for another 14 days in police custody. Now the police cannot ask as to why Prashant Rahi was in the first place in Raipur?! To randomly pick up someone from anywhere to build up a story that befits the war-cry of the state is nothing but impunity at its worst. This can only lead to criminalisation of all forms of dissent/political opinion. As conscious citizens we need to resist and fight such criminal tendencies from those who are supposed to take care of the law and order.
To add further sensation to the story now the police have set on the grist mill of rumour that Hem Mishra and Prashant Rahi will be taken to Delhi and Uttarakhand for further investigation. Given the track record of the police one can expect activists and intellectuals who have been vocal or otherwise being threatened to cook up evidence against Hem Mishra and Prashant Rahi. The most recent such instance is the case of arrest of Jayeeta Das a people’s activist from West Bengal. How the criminal investigating agencies have gone round threatening people to give evidence against her is very fresh in our memory. CRPP calls upon all democratic and progressive forces to come forward and resist such fascist/authoritarian designs of a penal state and its lawless investigating agencies/police. Once again we reiterate our demand to release immediately and unconditionally Hem Mishra and Prashant Rahi!
In Solidarity,
SAR Geelani
President
SAR Geelani
President
Amit Bhattacharyya
Secretary General
Secretary General
Rona Wilson
Secretary, Public Relations
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Secretary, Public Relations
