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29 Jan 2011

Paikmal Fake Encounter : Deceased Families moves OHRC




The families of Paikmal fake encounter victims appealed before Orissa Human Rights Commission [OHRC] to intervene the matter seriously on 28th January, 2011.

The widows of deceased Madhav Singh Thakur and Ramesh Sahu tearfully approached to both commissioner and member of OHRC to investigate the matter through independent agency not through the SP of Baragarh because the SP is the main actor behind the killing.

Mr Madhav Singh Thakur and Mr Ramesh Sahu were the active member of 
Gandhamardan Surakshya Yuva 
Parishad [GSYP], the forum opposing mining of Gandhamardan hill.

The movement of Save Gandhamardan hills started in late 1980’s when the then State Govt. had given permission to the BALCO Company for mining of bauxite. The stir spread all over the country, the anti-mining movement started which results the govt. cancelled the MOU with Balco despite the company had already spent Rs 50 crores. 

Recent past Vedanta Company has applied  for lease of mining in that hill that opposed by  the front. To satisfy the corporate needs, the present govt. is planning to spoil the movement to suppress the people’s voice against loot of the natural resources by killing of the defenders by alleging as Maoist.


 Why a Fake Encounter so?

1-      Madhav Singh Thakur led a protest march on 10 Nov, 2010 when chief minister Naveen Pattnaik visited to Paikmal if he was a Maoist, Could be sent to jail by the police when he arrested. [Madhav Singh marked round  in photograph ]

2-      On Dec 25, 2010 Madhav Singh Thakur visited the police station of both Paikmal and Jharbandh regarding to rescue of a minor girl who was kidnapped by a youth under Jharbandh P.S. he also  be arrested on the very day .

3-      Why the SP of Baragarh falsely told in media that the deceased were Maoist from Chhatisgarh without investigating their identity?

4-       Why the bodies were taken for post mortem at Baragarh which is 130 Km distance from the encounter place whereas nearest Padmpur Sub divisional hospital is only 30Km?

5-       Why the Police couldn’t able to recover any arms from them only showed food items?

6-       Why no injuries spotted in police men when they claimed exchange of fire?











25 Jan 2011

NHRC gives several recommendations to the Orissa Government for overall improvement in human rights situation in the State



The National Human Rights Commission's two-day camp sitting from 18th-19th January, 2011concluded at Bhubaenshwar in Orissa today. The Commission gave several recommendations to the Orissa Government for overall improvement in human rights situation in the State. 

The proceedings of the Camp Commission started with the Sitting of the Full Commission, presided over by the Chairperson Mr. Justice K.G. Balakrishnan, and Members, Mr. Justice B.C. Patel, Mr. Satyabrata Pal, and Mr. P.C. Sharma. Long pending 10 cases were taken up in the Full Commission for hearing. 

Thereafter, 52 cases were taken up in four Single Bench Sittings. During the day long sittings of the Commission, total 62 cases alongwith more than 400 linked cases were taken up. 

The hearing was attended by the Senior Officers of the State including Chief Secretary, DGP, Pr. Secretary (Home), Principal Secretaries and Secretaries of all concerned departments, I.G. Prisons and DMs and SSPs of the concerned districts including KBK districts (Koraput, Bolangir and Kalahandi).

Some of the important recommendations of the Full Commission are:


(i) The Commission directed the State Govt. to effectively co-ordinate and implement various schemes for the KBK districts. The Commission also directed the State Govt. to depute an officer to present before the Commission on 21.3.2011 with the status on the implementation of the recommendations of the Commission, welfare schemes including public distribution system, health, special security schemes etc. in the KBK districts.

(ii) In the matter of displacement of persons for the Salanda Sanskar Project in Badhrak district, the Commission directed the State Govt. to adhere to the land acquisition policy and disburse the compensation to the affected people. The State Govt. was also directed to review all such projects due to which displacement of persons has taken place. The State Govt. was further directed to submit a report whether appropriate compensation had been awarded as per the prevailing rehabilitation policies and whether affected persons were rehabilitated. 

(iii) In the matter of Bartan system, the Commission took a strong view on the mindset of senior officers and drew the attention of the Chief Secretary on the inhuman approach and insensitivity shown in the report of the Regional Divisional Commissioner, Cuttack. Mr. Baghambar Patniak, presented the case in person before the Commission and submitted a written petition. The Commission directed the State Govt. for response on his petition. The Chief Secretary assured the Commission that the State Govt. will take the necessary action on the recommendations of the Commission.

(iv) In the matter of Kandhamal violence, the Commission directed the State Govt. to submit a detailed report and a contingency plan to deal with such situation.


(v) In the matter of TATA and POSCO steel projects, the Commission directed the State Govt. to submit a comprehensive report on rehabilitation and compensation status of the displaced persons.


(vi) In the matter of VEDANTA, the Commission took a strong note on the land acquisition policy of the State and directed that all the affected persons should be rehabilitated. The Commission asked its Special Rapporteur to examine the action taken report of the State Govt.

In the Single Bench hearings, 52 cases were considered and 8 of them were finally disposed of. In case of death in police custody in Mayurbanj District, the Commission recommended Monetary Relief of Rs. 3,00,000/- to the next of kin of the deceased. 

On the second day of the Meeting, the Commission had discussions with the Chief Secretary, DGP, the Secretaries, DM, SSP and other senior officers of the State. Several issues were discussed which concerned Police, Mental Health, Manual Scavenging and Sanitation, 28 District Programme at Kalahandi, Bonded & Child Labour, Jail Visits of the Special Rapporteur of the Commission and conditions of Jails, NHRC's activities concerning KBK Districts of Odisha, Custody deaths, etc. 

On the issue of Custodial Deaths, Police Encounters, Unauthorized detention, Conditions in Jails, the authorities were directed to adhere to the guidelines issued by the NHRC. The Commission also directed the State Govt. for a humane approach of the police officers towards the weaker sections of the Society. The State authorities were requested to focus on prevention of death in police custody and to conduct compulsory medical check-up of all inmates at the time of entry to the jail.

The issues of poverty, unemployment, deprivation, hunger, starvation and malnutrition in the KBK region and implementation of various recommendations and suggestions of the Commission were discussed in a separate Session with officers of the State Government. The Commission expressed serious concern on the food security of the poor people who have been left out of the Below Poverty Line, BPL list. 

Following are the other important recommendations of the Commission:


i) Send timely and regular reports to enable the Commission to dispose of the matters quickly including in the cases concerning bonded labour.


ii) Immediate departmental action against the concerned officers responsible for human rights violations.
iii) Send a detailed report on the issue of bogus Ration Cards particularly in the KBK region and action taken by the State against the corrupt officials.


The State was also reminded to adhere to the questionnaire/reporting format on juvenile justice system, circulated by the Commission in order to know the progress made in the implementation of Juvenile Justice (care and protection of Children) Amendment Act, 2006, and send timely reports to the Commission.

During the inter-action with the local NGOs, the Commission urged for more cooperation from the NGOs to strengthen the relationship as it considers the NGOs to be its eyes and ears and expects them to act as the 'bridge' between civil society and the Commission to draw its attention to the violations of human rights.