complain petition against illegal arrest of farmers leaders

To                                                                                                                 

The Chairperson                                                                                        

Orissa Human Rights Commission

Toshali Plaza, Satya Nagar

Bhubaneswar

Sub: Complaint to the OHRC and action solicited against the Perpetrators for torture and illegal arrest of farmers’ leaders who were sat in dharana peacefully.

Respected Sir

                      We a group of fact finding team visited Dhenkanal District, Orissa on 24^th May 2011 after came to know that a group of farmers leaders tortured and jailed illegally in protesting peacefully for certain farmers beneficial demands which has details mentioned in below .

Plz follow the details of fact findings in below. Hope you will consider the matter as most serious and take necessary action from your end.

Your’s faithfully

Mr. Manoj Jena, State Coordinator, Peoples Watch

Mr. Braja Kishore Tripathy, Former Union Minister

Mr Sandeep Mohanty, State Coordinator, Yuva Vikash Abhiyan

Mr Prasant Kumar Mishra, Convenor,Odisha Chasi Surakshya Abhiyan,Dhenkanal

A. COMPLAINANT’S DETAILS

1. Name: Manoj Jena

2. Sex: Male

3. State: Orissa

4. Full Address: 34, Laxmi Vihar PO: Sainik School, Bhubaneswar-30, Orissa

                                Ph: 094371 78921, Email: mjena@pwtn.org

5. District: Bhubaneswar

6. Pin Code: 751030

B. INCIDENT DETAILS

1. Incident Place (Village/Town/City): Collectorate and different places of Kamakshya Nagar Block.

2. State: Orissa

3. District: Dhenkanal

4. Date of Incident:  24 May 2011

5. Time of Incident: Between 2 am to 11am

 C. VICTIM’S DETAILS

1. Name of the victim: Er Debashis Hota, Convenor, Krushak Sangharsha Samiti, Dhenkanal And 145 leaders and members of KSS.

2. No. of victims: 146

3. State: Orissa

4. Full Address: Krushak Sangharsha Samiti , Dakhinakali Road

5. District: Dhenkanal District, Orissa

6. Pin Code: 759001

7. Religion: Hindu

8. Caste: General, OBC and Dalit

9. Sex:  Male

10. Age: 25-75 yrs

11. Whether Disabled: No

12: (SC/ST/OBC/General) person:  General, OBC and Dalit

D. Brief summary of facts/allegations of human rights involved :

On 23^th May 2011, about 7am, Er Debashis Hota, the convenor and others leaders of Krushak Sangharsha Samiti[KSS] were sat in fast unto death protest against the callousness of district administration towards fulfilling the 20 points demands of KSS a frontal organization of Odisha Chasi Surakshya Abhiyan.

The forum had taken its demands in different occasion starting from 4^th March 2011 in a block meeting at Bhuban then the same process continued in all blocks of the district and finally on 30^th March 2011 after a big meeting in the presence of eminent farmers leaders of the state in Dhenkanal stadium followed by a rally to the collectorate and submitted the memorandum in the hand of collector. The details documents of correspondence attached in the petition for your knowledge.

On 24^th May 2011, about 2am night near about 30-40 armed police men headed by IIC Town P.S, OIC Tumisingha PS and Pandua Out-Post Inchage rushed to the dharana place,taken Er  Hota while he was sleeping.

Without knowing the cause of arrest and any memo of arrest he was taken to the police vehicle even he debarred to use mobile phone to inform his relatives and co members.

On 24^th May 2011 an early morning when the message spread about the arrest of Mr Hota, the members of KSS in different places of Kamakshya Nagar Block protested in road in which 145 members were arrested by the police and sent to the judicial custody.

Despite their several grievances and talk with district administration through peaceful and proper official procedure, the leaders and members of KSS were tortured, mis-behaved and uncared of their genuine livelihood demands by the administration.

E. Whether complaint is against Members of Armed Forces/ Para-Military
Yes. Against the District Magistrate cum Collector, Superintendent of Police, Inspector In Charge, Town Police Station, Office In charge of Tumusingha Police Station and Pandua Outpost In-Charge.

 F. Whether similar complaint has been filed before any Court/ State Human Rights Commission:

No

G. Name, designation & address of the public servant against whom Complaint is being made:

Mr Girish SN, Collector cum District Magistrate of Dhenkanal

Mr Satish Gajbhaiye, Superitendent of Police Dhenkanal

Mr Umesh Chandra Gadanayak, Inspector In-Charge,Town Police Station,Dhenkanal

Mr Lingaraj Lenka, the Office In Charge of Tumusingha Police Station , Dhenkanal

Mr Pramod Kumar Panda, the In Charge of Pandua Out Post

H. Name, designation & address of the authority/officials to whom the public servant is answerable:

The Home Secretary

Govt. of Orissa

State Secretariat

Bhubaneswar

I. Prayer/ Relief if any sought:

The commission may immediately

1. Intervene and impartially investigate the incident
2. Intervene to stop further arrest that the Collector and SP intentionally fabricated false cases against the other members of KSS.
3. Recommend for criminal proceedings against the perpetrators.
4. Steps should be taken immediately to negotiate the other dharana members to call off the protest to save their lives.
5. Steps should be taken to fulfill the genuine demands of the forum.