#India -129 People Jailed for Protesting Against Kalpakkam Reactor #WTFnews


29 March, 2013 — In a bid to intimidate fenceline communities living around the Kalpakkam nuclear reactors, the Tamil Nadu Police has jailed 129 people of the 650 that were detained in wedding halls yesterday. Those detained were protesting to highlight that the nuclear complex in Kalpakkam was all threat and risk to the local community with no benefits either in the form of jobs or electricity.

A peaceful protest involving more than 1000 people was broken up by the police. Nearly 650 people peacefully boarded buses to court arrest. Given the peaceful nature of the protest, and the cooperation extended by the people to the police, those detained would normally have been released by evening. However, the Police invited a magistrate to the wedding hall where 129 people were detained, and filed two separate cases against them — one case naming 27 people (mostly leaders and organisers); and another naming 102 people.

Prominent among those arrested are leaders of the Manithaneya Makkal Katchi and the Marumalarchi Dravida Munnetra Kazhagam.

The  police has slapped the following charges against the villagers:
Section 143 IPC: Punishment for Unlawful Assembly
Section 147 IPC: Punishment for rioting
Section 148 IPC: Rioting, armed with deadly weapons
Section 158 IPC: Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

or to go armed. or to go armed.– and whoever, being so engaged or hired as aforesaid, goes armed, or engages or offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 353 IPC: Assault or criminal force to deter public servant from discharge of his duty.– Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person to the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

All above sections are to be read with Section 7(1)(A) of the Criminal Law Amendment Act, 1953:
“with intent to cause any person to abstain from doing or to do any act which such person has a right to do or to abstain from doing, obstructs or uses violence to or intimidates such person or any member of his family or person in his employ, or loiters at or near a place where such person or member or employed person resides or works or carries on business or happens to be, or persistently follows him from place to place, or interferes with any property owned or used by him or deprives him of or hinders him in the use thereof, or. . .”

 

#India- Why is Aparna Marandi in jail?


In 2009, they branded her husband a Maoist and threw him in jail. Now they are after her. Shazia Nigar on the blatant witch-hunt of a rights activist
Shazia Nigar

December 21, 2012, Issue 52 Volume 9

Victims of the State Aparna Marandi with her 4-year-old son AlokVictims of the State Aparna Marandi with her 4-year-old son Alok Photo Courtesy: Video Volunteers

ON 8 DECEMBER, Aparna Marandi, 28, and her four-year-old son Alok Chandra boarded a train at Ranchi’s Hatia Railway Station to go to Hyderabad, when plainclothes policemen arrested her. Ironically, Aparna was headed for Hyderabad to attend a meeting organised by the Committee for the Release of Political Prisoners (CRPP).

Aparna, working with Video Volunteers, an organisation that trains marginalised communities in journalistic skills, was arrested by the Jharkhand Police along with Baby Turi, 25, panchayat head of Jitpur in Dhanbad district, social activist Sushila Ekka, 38, from Hazaribag and 16-year-old Sushil. Charged with being Maoists, all were hauled to the Dumka Police Station.

On the evening of 10 December, the police let Baby Turi, Ekka and Sushil go, but not before they signed a document stating that they were arrested on 9 December, a day later than the actual date of arrest. Aparna, however, is still languishing in the Dumka prison.

Why was Aparna arrested? Why was the date of arrest of the other three people changed? What made Aparna and her four-year-old child such a threat that the police had to come in plainclothes to arrest her?

Many questions arise as to the real intent of the Jharkhand Police. The answer could perhaps be found in the four-year-long incarceration of Aparna’s husband, Jeetan Marandi. Jeetan is the State Convener of the CRPP, the same organisation whose meeting Aparana was going to attend before she was apprehended.

Jeetan was arrested in 2009 for his alleged involvement in the infamous Chilkari massacre, when Maoists killed 20 people, including the son of former Jharkhand chief minister Babulal Marandi during a football match. Sentenced to death by the lower court in Jharkhand, he was later acquitted by the High Court in December 2011. Yet, thanks to the Jharkhand Crime Control Act (2002), a non-bailable provision used for preventive detention, Jeetan continues to languish in jail for the fourth straight year on various charges. Aparna had been working relentlessly to get her husband released.

Says Stalin K, Managing Trustee at Video Volunteers: “The reason for picking her (Aparna) up seems to be a way of breaking Jeetan to get a false confession out of him. It is embarrassing for the State if they have no charges to prove against him after he has spent four years in jail.” The lawyer from Dumka, who Stalin tried hiring for Aparna, refused to take up her case on the grounds that he will get into trouble. That, says Stalin, is the impact the State has.

The police have detained Aparna in a case, where Maoists set fire to 8-10 vehicles of a crusher site of GVR Constructions on 27 November at Kathikund, Dumka. She has been charged under several sections, including section 17 of the Criminal Law Amendment Act and section 13 of the Unlawful Activities (Prevention) Act.

However, a phone call gives the lie to the police theory that Aparna and her companions were arrested on 9 December. Minutes before the arrest, Baby Turi, one of the arrested, made a phone call to her husband, Damodar Turi. “She called me on 8 December, at around 4 pm, and told me that the ticket collector was not letting them board the train. After that, her phone was switched off,” recalls Damodar.

ACCORDING TO Baby Turi, the policemen posing as railway ticket examiners asked Aparna and her friends to get off the train with their luggage since they were travelling without reservation. They then led them out of the railway station, which is when Baby Turi got suspicious and called her husband.

“They asked us to sign a document, saying we were going to meet Jeetan in jail,” recalls Baby. “We refused. Finally, they agreed to let us go if we signed on the paper that stated 9 December as the day of our arrest.” Moreover, the police violated all laid out procedures in the detention of Aparna and her friends.

Director General of Police, Jharkhand, GS Rath refused to comment on the grounds that the matter was “subjudice” and concerns the Dumka Police, not him. “The conduct of the police is for the court to judge,” he says. SPHemant Topna spoke along similar lines. “No one has formally complained about the irregularities in the arrest procedures,” he says. “If such a thing comes to my notice, we will investigate it.”

shazia@tehelka.com

 

UPDATE KOODANKULAM -11-member team heading for Idinthakarai detained


SPECIAL CORRESPONDENT, The Hindu Oct 13, 2012

Police suspect links with banned groups

Members of an 11-member ‘fact-finding committee’ heading towards Idinthakarai, the hub of the protests against the Kudankulam Nuclear Power Project, were arrested on Friday.

Four of the members were from Tamil Nadu; three, including a woman, were from Cuddapah district in Andhra Pradesh; two from Jharkhand; and one each from Odisha and Delhi.

They are affiliated to some movements and the police suspect they have close contacts with banned groups. Efforts are on to trace their background.

Based on a tip-off that the team members were on their way to Idinthakarai in a bus, the vehicle was intercepted at the Nanguneri toll gate in the morning. The team members were taken to a marriage hall for interrogation, which revealed that they were affiliated to various organisations, including the Anti-Imperialist Movement, Centre for Protection of Civil Liberties, Students Uprising Movement, Anti-Evacuation Movement, Revolutionary Democratic Front and Women’s Uprising Movement.

Since activities of all these organisations are under scanner and the movement of persons linked to these outfits are being monitored by security agencies, they were detained. Moreover, they cannot be allowed to enter a place where prohibitory orders are in place,” said Deputy Superintendent of Police, Valliyoor Sub-Division, N.K. Stanley Jones. Superintendent of Police, Tirunelveli, Vijayendra S. Bidari and Additional Superintendent of Police, K. Mahendran interrogated them in the evening.

The police have registered cases against them under various sections of the IPC. “We’ve also seized some literature from them,” Mr. Jones said.

 

The details of those arrested on 12 October, 2012, as per the list I have at present include:

1. Palani Sami – Anti Imperialist Movement (Karur)
2. Agaraadhi – Podhu Nala Pengal Ezhuchi Iyyakam (Madurai)
3. Kesavan-CPCL Madurai
4. Jagan – Podhu Nala Manavar Ezhuchi Iyyakkam
5. Varalakshmi– Andhra Pradesh student
6. Pradeepa Human rights activists Jharkhand
7. Damodar – PUCL Delhi
8. Priyadarshini – JNU (DSU)

9Aravind Abiyaas from Jharkhand

10 Hameed, a student from Andhra Pradesh
Names of 1  others not known

Crime FIR no 216/2 Sections 143/188/194b/ 353/ 362/ 506 of IPC r/w 7(1) A of CLA Act


——————————-

In a separate but unrelated incident last Saturday, another group of people who had gathered at a private school to discuss plans of setting up a trade union were picked up at the behest of the notorious Q branch, arrested and remanded in Vellore Jail. The police has managed to defeat the bail application on the basis of arguments that the arrested people are from the Maoist party. This incident was not related to Koodankulam, but speaks of a noticeable and disturbing trend in Tamil Nadu.

Total number of people arrested

13 people

Date of arrest: Saturday 6th October

Names with age of the persons under arrest

Bhaskar ~40

Duraisingavel ~

Palani

Kumaragurubaran 61

(Maniko) G Paneerselvam ~35– Professor ulga tamil arachi niruvanam

Poovi Arasan (salem -28) Sft ware engg

Senthil Kumar

Gurunathan

Murali Mohan (thiruvannamalai)

Suresh Kumar

Rafique

Mugilan (thiruvannamalai)

Ragini –w/o duraisingavel

 

Name of the organization they are part off

Makkal Jananayaga Kudiarasu Katchi (peoples Democratic republic party)

Sections under which they have been arrested

17 (1) of Criminal Law Amendment Act : (unlawful assembly)

Jail location: Vellore prison

Place of arrest: Kundrathur Paavendar Tamilvayi Palli (tamil medium school)

Name of the police station: Kundrathur police station

history of the event

The members of the party had assembled to discuss about setting up and registering trade union on a industry basis. They assembled about 10am. Discussion were happening. Permission had been sought from the school authorities (Palani’s daughters are studying in the school and he had sought permission). evening around 5:30 pm Q branch police along with local police numbering 20 entere dthe premises and started to enquire about them. They wanted to know the reason for the meeting and to know about the organization and collected the personal details of the people present. By this time Bhaskar had contacted a few advoctes but he was not sure they would be arrested. They continued with to the enquiry even upto 9:30pm and then the police arrested them.

The arrest was done by the kundrathur police on the complaint of Q branch SI Mohan. The complainant maintains that the persons were gathered in the school and conducting a meeting in a closed room in which the lights had been put off. ————

police account

The group had no permission. The members ar e part of the banned maoist party. SOme of th emembers have been convicted or have charges under POTA.

they had unlawfully assembled (in the sense they did not get any permission from the police) and were secretly discussing. (this part is unclear as adv Natarajan was not too clear)

 

Bail moved

Bail was moved on Monday (8th) at the Magistrate Court in Sriperumbudur. the case came up for hearing on Wednesday (10th )where the judge adjourned the case to Friday (12th) as the PP sought time to file the counter by the police and state.

Status of bail application

On Friday (12th) the bail was dismissed as the judge accepted the PP’s argument that they were known maoists with previous charges and the police need time to investigate.

 

DETAILS GATHERED BY OTHER FRIENDS FROM ADV. NATARAJ WHOSE HANDLING THE BAIL PROCESS

 

Report on All India Convention against Sedition and Other Repressive Laws


The convention notes with serious concern that the law used by the British Raj to suppress
the Freedom Movement remains part of our statutes. Its egregious use against all
forms of dissent and protest including peasant activists, environmental movement, women,
dalits, adivasis, minorities highlights how the laws on Sedition [in Section 124 A of the
Indian Penal Code as well as in other Laws in operation such as S 2(O) of the Unlawful
Activities (Prevention) Act or in any state level laws such as Criminal Law Amendment Act
or its equivalent] strike at the heart of democracy by curbing freedom of expression,
assembly and association and thus undermine constitutional democracy. In the name of
curbing ‘disaffection’ towards the government or ‘disloyalty’ to the Indian State, S. 124 A of
the IPC threatens to imprison a person for life, whether such disaffection, hatred or contempt
is created by words spoken or written or by signs or visible representation.
The convention is convinced that it is the legitimate right of every citizen to express his or
her opinion, expose the misdeeds and anti-people policies of the government or to even
disapprove of, express disaffection, question and condemn the present system, and even vent
out opinions which call for transforming State and Society. The convention considers respect
for difference of opinion, perspective or view as being a vital part of our struggle for
strengthening democracy. We, therefore, call for the repeal of S 124 A of the IPC and
dropping 2(o) from the UAPA as well as similar provisions from state level laws.
In view of the documented reports from all over India about the use of the sedition law and in
light of the fact that this law is absolutely incompatible with democracy, we, the participating
human rights organisations, as also concerned citizens across the country including
teachers and academics, independent professionals from the media, medical community,
lawyers, students, social movement activists and other grass roots social and political activists
demand that the Indian parliament immediately take necessary steps to repeal sedition law in
sec. 124A IPC and dropping 2 (o) from the UAPA as well as similar provisions from the state
level laws.
All the constituents members have been campaigning against draconian laws such as AFSPA,
UAPA and others and shall continue to campaign for their repeal. As a consequence of repeal
of sedition (S 124 A IPC, S 2 (o) of UAPA 1967 and Prevention of Seditious Meetings Act
1911 and other similar laws), all persons facing prosecution for offences made under these
provisions/laws should forthwith be dropped and those languishing in prisons should
immediately be released.
The convention declares the launch of an all India campaign against sedition and other
repressive laws.
PARTICIPANT ORGANISATIONS:
1. People’s Union for Civil Liberties (PUCL),
2. People’s Union for Democratic Rights (PUDR) Delhi,
3. Association for Protection of Democratic Rights (APDR) (WB),
4. Committee for Protection of Democratic Rights Mumbai (CPDR),
5. Human Rights Alert (Manipur),
6. National Alliance of People’s Movements (NAPM),
7. New Socialist Initiative,
8. Indian Social Action Forum (INSAF),
9. Human Rights Law Network (HRLN) ,
10. People’s Democratic Front of India (PDFI),
11. Agriculture Workers Union (Karnataka),
12. CHRI,
13. Peoples Union for Civil Rights (PUCR) (Haryana),
14. Asansol Civil Liberties Association (WB),
15. Coordination for Human Rights (COHR) (Manipur),
16. Committee for Peace and Democracy in Manipur (CPDM).

Downlaod full report here