http://sanhati.com/
January 29, 2014
By Prashant Rahi
Authors note: ALL QUERIES ABOUT
MY LEGAL
ISSUES AND NEEDS BE DIRECTED TO MY
ADVOCATE SHIV PRASAD SINGH, WHO IS AVAILABLE AT : Tel. +918303481839; Email :
shivpsingh@gmail.com
- PRASHANT RAHI
Dated : January 07, 2014
Dear friends,
Heart-felt greetings at the onset of yet another tumultuous years of struggle
for civil and democratic rights, which are increasingly threatened the world
over by police atrocities perpetrated here as a normal course, and there as
barbaric exceptions, in a setting of the yet retained post- 9/11 anti-terror
laws in India and other parts, even though the U.S. imperialists seem to be
back-tracking on their aggressive invasions in Iraq and Af-Pak! We, Indian
activists, remain vulnerable, with none of the Parliamentary political forces
even bothering to promise to repeal the 2008 and 2004 amendments in our
Unlawful Activities (Prevention) Act – UAPA of 1967, which was indeed
superfluous with the colonial Indian Penal Code (IPC)
already draconian enough to stifle any serious political dissent. My arrest and
torture in custody, as also that of Hem Mishra, the J.N.U. student of Chinese,
which so many of you have cared to express concern about, according to newspaper reports, could be just the tip of an ugly iceberg. Even
so, you might need to be apprised of the facts of our cases, and those of my
ongoing Uttarakhand post-torture trial, so as to direct the raging passions in
more effective ways.
It is with this view that I am putting
across the following facts regarding what befell us:-
1. Aheri, where our case is registered
as a Criminal Case No. 3017/2013, with the charge-sheet yet to be submitted and
not likely to be served until 6 months after our arrest, owing to the 2008 insertion
of Section 43 (d), with its Sub-section-2, in the UAPA, is a backward and
remote interior of Gadchiroli, where the state, with its heavy deployment of
specialized police and paramilitary forces and helicopter squadrons, appear to
have got an edge over the Maoist People’s Liberation Guerilla Army, well
entrenched in expansive forests of South Chhattisgarh among the adivasi
(aboriginal tribes) peasants, across the Maharashtra-Chhattisgarh State border.
Part of Gadchiroli district is officially notified as a Police District,
whereby the usual District
Administration, Judiciary and “Development
Activities” are controlled by police officials, who in turn move around in the
towns and roadside villages like an occupation army,
the citizens compelled to finance their pay packets, enhanced 150 percent as
incentive, in addition to out of turn promotions and other allowances, and
overriding powers to lord over the populace.
The “free press”, even correspondents
of reputed dailies, is a mere subservient tool of the security forces, eager to serve the propaganda and psychological
needs of their war against “left-wing extremists”, also called Naxalites or
Maoists, a war wherein the people’s guerillas seldom come face-to-face with the
security forces, the latter victimizing the villagers, among whom the former
mingle, feed and organize; compelling retired and weakened guerillas to defect
(referred to, more often, as “surrender”). The funds, another largesse borne by
the citizens, at the disposal of the police are enormous. Aheri, where we were
forcefully and illegally brought to by this very police force, is one of the
bases of Gadchirdi’s famed counter-insurgency operations, which, in the wake of
our arrests, was lauded at a meeting of State Police Chiefs, chaired by the
Union Minister of Home Affairs, Sushil Kumar Shinde, as a “role-model” for
combat forces engaged in anti-Naxalite “area domination” tactics for the
country. My arrest hardly 10 days after Hem’s may appear to many as a
well-scripted drama, climaxing in the conferring of that status upon
Gadchiroli, after news of “Maoist supporter” from afar being implicated here
had set the pace.
One would tend to believe that the
Congress-led Governments of New Delhi could have found it convenient to
co-ordinate tacitly with police forces in Uttarakhand and Maharashtra, both
having Congress-led State Governments, as also with some coverts, or
semi-coverts, within apparently friendly forces, to forcefully lead me or carry
me to this part of the country, which could not have been on my itinerary at
this conclusive and crucial stage of my 2007 Uttarakhand case, Criminal Case
No. 3222/2007, Sessions Trial No. 83/2008, registered at Nanakmatta Police
Station in Udham Singh Nagar district of that state. That too when I was awaited
for the hearing of this trial on September 2, 2013, and due to head for
Uttarakhand!
2. At Aheri, I was first produced in a
Magistrate Court on precisely that day, the 2nd of September by the
Investigating Officer (IO) of Cr. Case No. 3017/2013, Suhas Bawache, a Deputy
Superintendent of Police.
3. I was shown arrested in the
neighbouring Gondia district of Maharashtra State.
4. Actually, I have never been to
Gondia district, nor seen the spot of arrest, as is claimed. Indeed, I had been
abducted in the most innocuous circumstances, far beyond, the State of
Maharashtra, well before September 2 (the claimed date of my arrest in Gondia);
forcibly thrust into a dark-coloured van bearing fake number plates and shaded
glass for its windows; and forced to travel with my abductors who turned out to
be employees of the Maharashtra Police. They had transgressed their specified
area of jurisdiction, with orders from their superiors to facilitate my fake
arrest, in gross violation of the Criminal Procedure Code (Cr. P.C.) and
specific directions on procedure for arrest issued by the Supreme Court of
India. I was driven over a full day and night, straight to Aheri Police
Station, with no one else being arrested along with me, having crossed several
district and State borders.
5. The IO, Suhas Bawache knowingly
hoodwinked the Courts so that cognizance be taken of my fake arrest and his
allegations against me about a criminal conspiracy (Section 120B, IPC) to
commit some unlawful acts (Sec.13, UAPA), as member of a terrorist organization
(Sec. 20, UAPA), eliciting support for the CPI (Maoist) (Sec. 39, UAPA).
6. Subsequently, at the end of
November, 2013, around 90 days after my arrest, Suhas Bawache submitted an
interim report of his investigations to the learned Court of the Principal
District and Sessions Judge at Gadchiroli, in a successful bid to seek
extension by a further 90 days of the period for submitting a charge sheet
against me, failing which I could be entitled automatically for release on bail
under section 167, Cr. P.C. The learned Judge heard my contention that the
investigation was being delayed deliberately on spurious grounds, my arguments
having been given as written ‘Say’ filed among the case record. However, the
provisions under Sec. 43(d) 2 of UAPA gave the IO the right to prolong my
detention over a period of 180 days without being served a charge-sheet.
7. The IO pleaded in his interim report
that it was taking long to study, and gather some incriminatory evidence
against me, from the contents of a 16 GB memory card allegedly seized from Hem
Mishra, and from 4 Terra Bytes of data from the hard disc and other storage
devices allegedly seized in the second week of September from the residence of
Dr. G.N. Saibaba, an English Associate Professor at University of Delhi. He
also sought time to apprehend some alleged “absconders”, such as Dr. Saibaba;
two persons alleged to have travelled, as Hem did and allegedly intended to,
some months ago; one Maoist leader named as Narmada Akka to whom Hem was
allegedly intending to deliver the 16 GB memory card; and the General Secretary
of the CPI (Maoist), to visit whom in the Abujhmaad stronghold of the Maoist,
Hem and I were allegedly “sent by Saibaba”, in connection with this case.
8. A similar 90 days extension had been
permitted by the same Court to submit a charge-sheet against Hem Mishra and his
two alleged escorts, Pandu Naroti and Mahesh Tirki, residents of a Gadchiroli
village, all three having been shown arrested at Aheri Bus Stand on August 22,
2013. The interim investigation report submitted to the court by Suhas Bawache
in support of this extension plea was identical, in fact a true copy of that
submitted in my case a week later.
9. Thus, effectively, the IO has
secured time until February to prepare his charge-sheet against us, following
which, as per the only modicum of safeguards guaranteed by the UAPA, the
sanctioning authorities of the Maharashtra State Government and/or the
Government of India would have to conduct a review of the investigation, independent
of Suhas Bawache and his superior authorities of or above the rank of Deputy
Inspector-general of Police, before granting sanction in order to prosecute us.
Once this procedure is completed according to the specified process, and a
valid Case Diary is prepared by the IO, recording the procedure followed, even
a higher court would be obliged, as per the 2008 insertion into UAPA under its
Section 43 (d), Sub-section 5 to take an adverse view of our bail petitions.
10. Should bail be denied, the
circumstances of trials being conducted by the Gadchiroli Sessions Court of
incarcerated alleged extremists, meaning UAPA detenues, are such that the
chances of a fair trial would only be slim and exceptional. This is so because
of the current practice of conducting trials by video conference, whereby the
accused persons do not normally get a change to interact with their defence
counsel, least of all interact with her/him with the due freedom and
confidentiality.
11. The prevailing system of prisoners
being visited by their lawyers, relatives and friends is so full of hindrances
and disturbances, far more so for UAPA detenues, that it violates the very
essence of the Maharashtra Prison Act, which provides for considerable freedom
and space to interact with and receive a wide range of visitors, as would be
necessary to overcome our anxieties and tensions and maintain a normal and
balanced state of mind.
12. Incidentally, it would be far from
the truth to state or presume that I and my co-accused were not badly tortured
by the IO, Suhas Bawache. All of us accused were tortured in the most inhuman
manner. Mr. Bawache personally used brute force against me and the others,
violated our minds and body, abused us, tormented and harassed us all through
the days and nights over several weeks of our PCR, i.e. Police Custody Remand.
Hem, Pandu, Mahesh, who were actually picked up from different places at
Ballarshah in Chandrapur District of Maharashtra within the railway station
premises on August 20, where badly mauled during 2 days of their illegal
custody prior to the stipulated 24 hour period within which accused persons are
required to be presented before a judicial court.
13. None of the accounts of our
interrogation during illegal and legal custody of the police carried by the
newspapers are true and complete. We did not get any opportunity to freely and
sufficiently interact with journalists. Not even The Times of India could get
free and sufficient access to talk with me.
14. Apart from the Deputy
Superintendent of Police, Suhas Bawache and his subordinates who physically and
mentally tortured me, Hem and the others, senior officials like the Deputy
Inspector-general of Police, Ravindra Kadam; and an Inspector-general who
called himself Anup Kumar were directly responsible for the entire episode and
for implicating me unlawfully and for showing our arrests incorrectly and
falsely.
15. There is not even an iota of truth
in the claim that Vijay Tirki from Kanker District of Chhattisgarh received me
at Raipur in that State, and thereafter escorted me up to a certain
Devri–Chichgadh T-junction in Gondia, Maharashtra, enroute to Abujhmaad.
16. The fact is that Vijay Tirki was
arrested separately, somewhere in Raipur, and he had no plan to escort me, nor
did I approach him to be escorted to any destination. The first time that I met
a person by this name from Kanker District of Chhatisgarh was several hours
after I was dumped into the Aheri Police Station around midnight of 1st/2nd
September 2013, when he too was thrown inside. As has already been reported, I
was engaged in professionally translating some case papers for a lawyer; after
meeting another lawyer who was my source for those papers, I was to collect
some more papers from him shortly after the time of my abduction, and before
proceeding to return to Uttarakhand to be present at an important hearing of my
ongoing trial in Udham Singh Nagar District on September 2, 2013.
17. It was precisely on the basis of
the above factual truth that I could withstand all the coercion by Suhas
Bawache and his superiors to make out a fake confession about the imagined
journey to Abjuhmaad, as per their will and desire.
18. I am not aware of any personal or
organizational relationship between Hem Mishra and Dr. G.N. Saibaba, as is
alleged. However, as far as I am concerned, there was no such relationship
between the English Professor or his mass organization and me that he would
“send” me somewhere, and I would agree, or that he or his comrades would depute
me with couriering, or any task for that matter, and I would agree. In fact,
the allegation that I saw him a couple of days before my formal arrest is
absolutely baseless. I consider him and Hem mere acquaintances, not even
friends of any significance that would lend credibility to any police claims.
19. With that, let me come to my
Uttarakhand case, and torture in 2007. As is well-known I was living and
working in Dehradun since 1991, and so was I all of the 2 or 3 months prior to
my arrest in December, 07. On the 17th of December, I was picked up from a
prominent street in broad daylight, close to Ara Ghar, after being attacked by
several men all of a sudden, manhandled, blindfolded and carried away in a
speeding car, first to a forest in the neighboiring Haridwar district, beaten
up with sticks all through the first night, after which I collapsed. The next
day, I was shifted to a Provincial Armed Constabulary campus of the Uttarakhand
Police in Haridwar in a restricted part of Roshanabad, brought to a “PAC
Conference Room”, where the blind-folding was first removed on the 18th night.
There, I was tortured and harassed continuously till the 20th in various
devious and inhuman ways, which I am omitting here to save space and for
decency’s sake. On the 20th morning, I was again blindfolded, put into a car
and driven several hours to be brought to Udham Singh Nagar, and hidden in a
room of the residential quarters within the premises of Nankmatta Police
Station, some 350 km. to the east of Dehradun. There, I was tortured by a
different set of police personnel, until they could make up a story to show my
arrest on the 22nd. Till the 5 days and 5 nights that elapsed after I had been
picked up and illegally confined, I had not been allowed even a wink’s sleep.
After informing my daughter Shikha Rahi, based in Mmbai, of my arrest on the
22nd evening, I was produced at a Magistrate’s Court on the 23rd.
20. The arrest story was that I was
accosted in the forests near Nankmatta during a combing/search operation by a
police party for a Maoist training camp, as reported in a F.I.R. lodged on the
20th, around the time I was brought to the police station premises from
Haridwar, which 4 others, who were with me, fled the scene. Later, I allegedly
helped recover a broken laptop, a pen drive and some printed material from the
same forest (which I had never seen before, nor was I taken out there then),
and the IO wrote out other cock and bull descriptions about an imagined 3-month
long CPI (Maoist) military training camp, and now all the cadres and military
trainers with their equally imaginary arms and ammunitions had vanished – all
except me (who was already in their custody on the date of filing the FIR)!
21. A case was made out under the IPC
Sections 121 (waging war or abetting the waging of war against the state), 121A
(conspiring against the state), 124A (sedition), 153B (threatening the
preservation of the nation’s unity and sovereignty), 120B (committing the above
offences as part of a criminal conspiracy), and under the UAPA Section 20
(member of a terrorist organization).
22. I could get bail only after 3 years
and 8 months, that too, only because the UAPA invoked against me and my co-accused
was the 2004 version, not the 2008 one. The others who were subsequently
arrested from home, a court premises and one from a railway station a year or
so later, were respectively, Gopal Bhatt, Dinesh Pandey and Chandrakala, all
well-known social activists of Uttarakhand. 3 others were proclaimed as
absconders. All the 3 who were arrested after me were released first, and then
I too was released on bail on August 21, 2011.
23. The case with Cr. Case No.
3222/2007 was taken up for trial 8 months later, as S.T. No. 83/2008, and the
trial has not yet concluded. Had I not been framed up in another case, the
Uttarakhand case could have ended (in acquittals) latest by the end of 2013.
24. Ever since my incarceration at
Central Prison Nagpur, I have not been able to attend any of the trial hearings
in Uttarakhand. The Maharashtra Police refuses to provided me the necessary
escort to travel to Uttarkhand, this being one of the main reasons for the
trial being held up these past 4 months. It is likely to be so for an
indefinite or uncertain time period.
25. There would be calculations and
speculations on the part of both the police IOs, and indeed their superiors, as
to how one case could be made use of to lend weight and credibility to the
other. On the basis of the above series of facts, circumstances and
observations that are humbly placed before all of you, I would urge you,
friends, to direct your energies and passions now at the basic causes of the
above tribulations, rather than expecting the officials of the Indian state to
take any serious cognizance of your appeals not to torture Hem and me, to
ensure a fair trial, or to punish the officials responsible for my/our torture
in Maharashtra or in Uttarakhand State. Even if the issue be primarily of the
nature of civil and democratic rights, in other words, human rights, the
targets, in accordance with the basic causes of such adverse occurrences, ought
to be socio-political. It is the anti-people nature of the Indian state, and
its various organs that ought to be brought into question. As the country goes
to the polls to reconstitute its parliament, would it not be pertinent to ask
as to why no vote-garnering political campaign, not even that of the “common
man’s” Aam Aadmi Party has an agenda to dimilitarize the state’s operations
against its own people, and to reverse this trend of the last 8 to 10 years,
which has led to the incarceration of not less than 3000 alleged Maoists, an
overwhelming majority of them framed up with fabricated charges and brutally tortured
and inhumanly treated in both police and judicial custody.
With these concerns, it would serve a
larger cause if the thousands who have reportedly expressed moral support to me
and Hem Mishra would bombard the powers -that- be in New Delhi, Mumbai, Dehradun,
Raipur, Ranchi, Patna, Kolkata, Lucknow, Chandigarh, Bhopal, Ahmedabad,
Hyderabad, Bangaluru, Bhubhaneshwar, Chennai, Thiruvananthapuram and Guwahati
with millions of letters and slogans to :-
1. Repeal the U.A.P.A. or at least withdraw its 2008 and 2004 amendments.
2. Withdraw the ban on organizations which are attempting to lend a voice to
the impoverished and deprived lot, irrespective of whether they resort to
counter-violence against state repression.
3. Redefine terrorism! Get out of the nomenclature imposed on the world by the
likes of Bush and Obama, and Putin and Angela, and Manmohan Singh and Narendra
Modi! Do not equate revolutionary violence with terrorism!
4. Release all the alleged Maoist prisoners incarcerated as a result of the
draconian laws and amendments, and all other innocents framed up for political
reasons and as part of the conspiracies of intelligence agencies, the bosses of
ATS’, IBs and the NIA!
5. Stop forthwith government sanctioning of all prosecution of persons accused
under UAPA, especially those not active in combatant roles and common
villagers, adivasis and dalits, and ordinary women.
6. Ensure speedy trials for all UAPA accused. Summon prosecution witnesses
without delay.
7. Ensure production of all UAPA accused in their cases pending in courts of
various States and districts. Stop using “security reasons” as the excuse to
delay and deny trials.
8. Accord political prisoner status in all States on the lines of the West
Bengal Correctional Services Act.
9. Amend Jail Manuals in all States on the lines of the West Bengal
Correctional Services Act.
10. Do not adopt video conferencing as the means to conduct court trials. Stop
the practice forthwith, wherever in force.
11. Stop erecting barriers in the form of wire meshes, glass panes, etc. in
visitors’ enclosures in prisons in the name of security. Let jail interviews be
held in a humane manner. Allow UAPA accused the right to access the Press.
12. Implement forthwith the provisions of the International Covenants on Civil and
Political Rights, on Prisoners’ Right, and on Detention Centres.
Let this be an open-ended campaign, and
do keep me informed, please.
In Solidarity,
Prashant Rahi
Address for correspondence:
PRASHANT RAHI
UNDER TRIAL SECTION, BARRACK No. 8,
CENTRAL PRISON, NAGPUR-40020
- PRASHANT RAHI
Heart-felt greetings at the onset of yet another tumultuous years of struggle for civil and democratic rights, which are increasingly threatened the world over by police atrocities perpetrated here as a normal course, and there as barbaric exceptions, in a setting of the yet retained post- 9/11 anti-terror laws in India and other parts, even though the U.S. imperialists seem to be back-tracking on their aggressive invasions in Iraq and Af-Pak! We, Indian activists, remain vulnerable, with none of the Parliamentary political forces even bothering to promise to repeal the 2008 and 2004 amendments in our Unlawful Activities (Prevention) Act – UAPA of 1967, which was indeed superfluous with the colonial Indian Penal Code (IPC) already draconian enough to stifle any serious political dissent. My arrest and torture in custody, as also that of Hem Mishra, the J.N.U. student of Chinese, which so many of you have cared to express concern about, according to newspaper reports, could be just the tip of an ugly iceberg. Even so, you might need to be apprised of the facts of our cases, and those of my ongoing Uttarakhand post-torture trial, so as to direct the raging passions in more effective ways.
1. Repeal the U.A.P.A. or at least withdraw its 2008 and 2004 amendments.
2. Withdraw the ban on organizations which are attempting to lend a voice to the impoverished and deprived lot, irrespective of whether they resort to counter-violence against state repression.
3. Redefine terrorism! Get out of the nomenclature imposed on the world by the likes of Bush and Obama, and Putin and Angela, and Manmohan Singh and Narendra Modi! Do not equate revolutionary violence with terrorism!
4. Release all the alleged Maoist prisoners incarcerated as a result of the draconian laws and amendments, and all other innocents framed up for political reasons and as part of the conspiracies of intelligence agencies, the bosses of ATS’, IBs and the NIA!
5. Stop forthwith government sanctioning of all prosecution of persons accused under UAPA, especially those not active in combatant roles and common villagers, adivasis and dalits, and ordinary women.
6. Ensure speedy trials for all UAPA accused. Summon prosecution witnesses without delay.
7. Ensure production of all UAPA accused in their cases pending in courts of various States and districts. Stop using “security reasons” as the excuse to delay and deny trials.
8. Accord political prisoner status in all States on the lines of the West Bengal Correctional Services Act.
9. Amend Jail Manuals in all States on the lines of the West Bengal Correctional Services Act.
10. Do not adopt video conferencing as the means to conduct court trials. Stop the practice forthwith, wherever in force.
11. Stop erecting barriers in the form of wire meshes, glass panes, etc. in visitors’ enclosures in prisons in the name of security. Let jail interviews be held in a humane manner. Allow UAPA accused the right to access the Press.
12. Implement forthwith the provisions of the International Covenants on Civil and Political Rights, on Prisoners’ Right, and on Detention Centres.
Prashant Rahi
Address for correspondence:
PRASHANT RAHI
UNDER TRIAL SECTION, BARRACK No. 8,
CENTRAL PRISON, NAGPUR-40020