PUCR People’s Union for Civil Rights, Haryana [Coordinating organisation of Coordination of Democratic Rights Organisations (CDRO)]
June, 15th 2017
PRESS RELEASE
On June 13, 2017 a team of lawyers and activists from different
organizations, on behalf of PUCR Haryana met the police officials of Haryana
Police at Karnal. The team met Mr. Jashandeep Singh Randhawa, IPS, Superintendent
of Police, Karnal and Ms. Shakuntala Yadav, Deputy Superintendent of Police,
Karnal and presented the memorandum of demands, expressing their concern for
slapping of sedition charges on Dalit activists and leaders and demanding
withdrawal/cancellation of FIR.
The
FIR came in existence after the caste clashes at village Paterhedi, District
Ambala, and unjustified arrest of some Dalit youths in connection with that,
which sparked protest against the Government of Haryana. The members of Dalit
community and several rights organisation called for protest at CM City Karnal
and camped there for 6 days, before the CM agreed to meet them on April 26,
2017 and called upon a delegation to meet with him. The FIR was then registered
against all 15 members of Delegation Team, which went to met CM. The persons, named in FIR were: Ashok Kumar,
Krishan Kutel Sarpanch, Malkhan Lambardar, Rakesh alias Rocky, Ravi Kumar
Indri, Amar Munak, Amar Saga, Mulkhraj, Rajkumar Paterhedi, Monika. Ravinder
Kurkshetra, Dharm Singh Kurukshetra, Anil, Sanju, and Naresh Paterhedi.
Both
the officers justified and defended the charges of sedition as correct. The FIR
is not yet in public domain and police department refused to share it with the
delegation as well, stating that team have no right to receive a copy. When
they were appraised about the guidelines issued by Hon’ble Supreme Court in
Youth Bar Association of India Vs. Union of India, 2016 SCConline 914, where
Supreme Court of India, has directed that “each and every FIR registered in all
the police stations within the territory of India” shall be uploaded on the
official website of the police of all states, the police officers still
declined the request on the premise that the offence is ‘sensitive’ in nature
and a matter of ‘National Security’. On asking regarding the contents of the
FIR the Superintendent of Police said, the Dharna was done without any
permission and was not peaceful. SP further alleged that, on
instruction/instigation of leaders protesters disrupted the traffic in the
city, misbehaved with police personnel, and certain ‘anti-national’ slogans
were also raised. When asked about the nature/content of slogans, and was
confronted with judgments of Hon’ble Supreme Court of India, where time and
again Hon’ble Supreme Court reiterated and cautioned the police against
misuse of the sedition laws and directed them to follow its earlier Kedar
Nath judgment and held that mere sloganeering does not amount to
Sedition, the SP said that that would be a part of the investigation and the
police has recordings of the whole incident and denied to share any other
information. Until now no arrests have been made but the police seems to be
using this vague, cryptic, and open-ended FIR as an arm-twisting tactic against
the Dalits Leaders and further to Blackmail them.
BACKGROUND
On the eve of Holi this year i.e. March 12, 2017, Dalit community in
village Paterhedi of District Ambala organized a satsang. The satsang was
disrupted by some mischievous elements of Rajput community and when Dalits
protested, they were beaten up. The police reached on the spot, but the
mistreatments were not arrested, which boosted the confidence of Rajputs and
they again attacked the Dalit community with sharp weapons in large numbers.
Many people from both communities sustained grave and serious injuries during
this, and one such person from Rajput Community succumbed to his injuries
during treatment, due to infection after 3 days of incident at PGI Chandigarh.
After this the Ambala Police registered FIR under Section 302 against 30-35
Dalits, which was originally registered under 323/24 IPC. Since the police
registered the FIR against 20-25 ‘unknown persons’, police started
witch-hunting of Dalit Youths. The leaders and activists of a well-known Dalit
organization in the area, Ambedkar Yuva Manch (AYM) were also targeted, and
were forced to leave their houses due to this continuous witch-hunting.
Against this persecution of Dalit activists and registration of false FIR
against Dalits, various Dalit organization have staged a protest at Karnal for
6 days i.e. from 19th April to 25th April. After this sit-in at Karan Park and protest,
on 25th of Aril, 2017, Hon’ble Chief Minister agreed to meet the
delegation, including students, Dalit leaders and scholars. A 15-member
delegation which went to meet the Hon’ble CM on 25th April, 2017,
were later slapped with charges of sedition, vide FIR No. 298 u/s 124-A/147/149/186/283/332/341/353
IPC at P.S. Civil Lines Karnal.
NOT THE FIRST
TIME
It
is to be reminded here that, in the past Haryana police has had a history of
registering false cases under Sedition against social activists and members of
Dalit communities. Earlier also, all manner of Dalit assertion has been dealt
with charging Sedition. The Hooda Government has registered cases of sedition
in Bhagana Case. In 2007, students and activists of Jagrook Chatra Morcha (JCM)
resisting against the Haryana Private University Bill were also silenced with
Sedition and most of the students were from Dalit community. In Ismilabad,
Kurukshetra (2008), the Dalits protesting for their demand for allocation of
residential plots were also slapped with Sedition cases. Only, in a span of 2
years i.e. 2007-2009, more than 50 activists were picked up and charged under
several sections of IPC and Arms Act including the charges of Sedition. The
activities taken up by these activists and students, in no way warrant such
sections as they are largely concerned with the people oriented activities and
most of the arrest were unjustified and politically motivated, and the cases
fell flat in court of law and the State was unable to get even a single
conviction under Sedition. It is also pertinent to mention here that, in total
disregard of the law of the land, in many of those cases arrested activists
reported that they were tortured in police custody.
We
take objection to the registration of charges under Section 124-A of the IPC.
In the current times, any objection/dissent against a government and its
policies is seen as a threat to the ‘sovereignty’ and ‘integrity’ of India and
it has become fashionable to slap sedition charges, without any application of
mind, even in such a case where a delegation of people was merely going to meet
the Chief Minister. The present FIR has also proves the Hindutva-vadi ‘RSS
agenda on which Khattar Government is working on, and also displays the
shallowness of PM Modi’s statement “to shoot him rather than a Dalit”. After
the Modi Government has came in power since 2013, there has been a manifold
increase in the incidents of Dalit atrocities. Only in 2016 there have been
more than 47,000 attacks against Dalits, 2 Dalits have been killed and 5 Dalit
women are being raped on a daily basis. As per another estimate, every 18th
minute there is crime against Dalits and in a week 13 Dalits are killed, 6
Dalits are kidnapped and every day there are more than 27 incidents of caste
based atrocities. The Haryana government is going Yogi’s UP way, and in such
circumstances, the resistance by Dalits become necessity. PUCR calls upon to
all democratic forces to come together and oppose this high handedness of
Haryana Government.
DEMANDS
PUCR
reiterates that it stands in solidarity with the struggle of Dalit assertion
and in their struggle for justice. PUCR absolutely condemns this high
handedness of the Haryana Government and denial of the rights of the Dalits and
contentious witch-hunting of Dalit leaders. We condemn this political motivated
mishandling of this case and demand to withdraw false and unjustified FIR under
draconian sedition law, lodged against the activists and individuals.
Therefore, we demand that:
1.
The false and unjustified cases and charges of
sedition against the 15 Dalit activist
be withdrawn/cancelled with immediate effect;
2.
The Haryana Government, should immediately stop the
witch-hunting of the Dalit activists.
3.
The officers concerned, should be suspended and
disciplinary proceeding be started against them, for politically motivated
mishandling of Paterhedi case, and maliciously misusing the grave provision of
Sedition.
ADV. PANKAJ
TYAGI
|
ADV. ANKIT
GREWAL
|
ADV. RAJESH
KAPRO
|
Convener, PUCR
Haryana
|
Member, PUCR
Haryana
|
Member, PUCR
Haryana
|
SONEPAT
|
CHANDIGARH
|
KAITHAL
|
ADV. MANDEEP
SINGH
|
PARGAT SINGH
|
|
Member,
Lokayat Chandigarh
|
Member,
Lokayat Chandigarh
|
RELEASED
ON BEHALF ON PUCR HARYANA AND
FACT-FINDING DELEGATION BY:-
ADV. PANKAJ
TYAGI
|
ADV. ANKIT GREWAL
|
|
+
91-9812296194
|
+91-9988102122
|
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