https://www.change.org/p/president-of-india-repeal-of-cspsa-and-release-of-seven-activists-arrested-on-false-charges


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Repeal of CSPSA and release of seven activists arrested on false charges
Human Rights Forum
<https://www.change.org/o/human_rights_forum>

Liberty of a person is of great significance and a Fundamental Right
guaranteed in the Indian Constitution. Grant or refusal of bail to an
accused is a matter that has to be handled with exceptional caution. The
Code of Criminal Procedure, 1973 speaks for the grant of bail because “Bail
and not Jail” is the aim of the Law.

On 25th December 2016, a seven-member fact-finding team consisting of
social activists and lawyers were arrested by the Telangana police near
Dummugudem of Bhadradri district and handed over to police personnel of
Sukma district of Chhattisgarh. The team was on its way to inquire into
various allegations of human rights violations of Adivasis by security
forces in Chhattisgarh including, but not limited to, the killing of Punem
Nandu son of a local Congress leader and his friend Karkem Sukku in
Timmapur of Bijapur by CRPF men on 12th December 2016. The team was booked
under sections 8(1) (2) (3) and (5) of the Chhattisgarh Special Public
Security Act 2005. They have been remanded to judicial custody and are
presently lodged in Sukma prison. The seven are: Prabhakar Duddu of the
Kula Nirmoolana Porata Samithi (Struggle Committee for Caste Annihilation-
KNPS), High Court advocate Balla Ravindranath, High Court advocate and
Telangana Democratic Front functionary Prabhakar Chikkudu, Journalist Durga
Prasad Bandi, Telangana Vidyarthi Vedika leaders Md Nazir and K Rajendra
Prasad and Adivasi Tudum Debba leader R Laxmaiah.

On 13th February 2017, arguments were heard in the High Court of
Chhattisgarh at Bilaspur regarding release on bail of the fact-finding team
members. Upon perusal of relevant documents, the judge stated that the case
was a ‘sensitive’ one, sought the government’s reply and on his own gave
them a time of two weeks and listed the case for 6th March 2017. The bail
petition for the all seven activists was filed on 23-01-2017 and it came
for admission on 30-01-17. The court gave sufficient time to the government
for calling of case diary and filing of counter affidavit and listed the
matter on 13th February. And now again a two weeks extension has been
granted.



The CSPSA is a draconian and autocratic legislation. The human rights
organisations both in India and outside have called for its repeal. The
human rights advocacy group Amnesty International India has demanded the
immediate release of the seven members of the fact-finding team saying that
the Chhattisgarh Special Public Security Act violates international human
rights standards.

On a different occasion, The Commonwealth Human Rights Initiative (CHRI)
has expressed reservations about the Act, and has said it may become a
potential instrument to throttle the right to free speech, legitimate
dissent, and trample upon the fundamental rights enshrined in Articles 14,
19 and 21 of the Indian Constitution.

Justice delayed is justice denied. Earlier, the seven were refused bail by
the Dantewada district court on 3rd January. The court then stated that the
case is of a ‘serious nature’ and had asked the team whether they had any
permission to enter the Naxalite- affected areas of Chhattisgarh, even as
the police failed to produce all the circumstantial evidence allegedly
seized from them. They have been in jail since 25th December and their
judicial remand has been extended by the Sukma Court.

A sustained campaign condemning the arrests and seeking the immediate
release of the seven activists is going on presently in Telangana and AP as
well as several other places. Time and again it is being pointed out that
the seven activists who have been arrested and falsely charged in a context
of the rule of law being grossly undermined by the establishment in
Chhattisgarh. It would be no exaggeration to say that there is ongoing
travesty of justice in Chhattisgarh with a concerted attempt being made to
criminalize human rights activism. That State is witnessing a viciously
motivated campaign to silence democratic dissent. It is a campaign that is
aimed at intimidation and vilification of those who advocate human rights
and expose rights abuses.

It is by now common knowledge the manner in which the police, at the
express behest of the political dispensation, been harassing, intimidating,
and attacking and arresting human rights activists, journalists and
lawyers. The judiciary in that State has been found wanting in the
discharge of its duties. One only needs to point out to the thousands of
ordinary villagers, most of them Adivasis, who are languishing in the
prisons of South Bastar. Most of them have been imprisoned, like the seven
members of the fact-finding team, on brazenly false charges.

We have no hesitation in stating that the Chhattisgarh Special Public
Security Act is a political instrument masquerading as penal law. Such an
act should have no place in a civilized society. We appeal for your
immediate intervention to see that the seven members of the fact-finding
team are released and the CSPSA is taken off the statute books.

Sincerely

S. Jeevan Kumar, President, Human Rights Forum (HRF)

Andhra Pradesh and Telangana
[email protected], Mobile: 0984898628​

-- 
B.Karthik Navayan,
http://karthiknavayan.wordpress.com/

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