Between March 11 and March 16, 2011, a police party consisting of police, SPOs
and CRPF, led by DS Marawi, then Additional SP, Sukma, carried out combing
operations in Morpalli, Tadmetla and Timpuram villages, “as per the orders of
the then SSP Dantewada”’ (FIR 4/2011, filed by DS Marawi). The then SSP
Dantewada was Shri SRP Kalluri.
In the course of the operations, 3 men were killed – Madvi Sula of Bhanda
Morpalli, Badse Bhima of Pulanpad and Manu Yadav of Pulanpad. Three women
were raped, 2 in Morpalli and one in Tadmetla. 33 houses were burnt in
Morpalli, 59 houses in Timapuram and 160 houses in Tadmetla village. When
Swami Agnivesh tried to deliver relief to the villages on March 26, he and his
companions were brutally attacked by Salwa Judum leaders at Dornapal.
On 5
th
July 2011, the Supreme Court ordered a CBI enquiry into these incidents
of violence. On 17 October 2016, the CBI chargesheeted 7 SPOs in the special CBI
court in Raipur, who were the gang leaders. They have also charged 26 persons,
including leading members of the Salwa Judum, such as P. Vijay, Dular Shah,
Soyam Mooka and others for the attack on Swami Agnivesh. The cases of rape
and murder are still under investigation.
The CBI enquiry has totally exposed the police lie that the houses were
burnt by the Naxalites, and instead shows that these unlawful activities
were carried out by the SPOs/police/CRPF. The CBI report notes that 323
SPOs/policemen as well as 114 personnel of COBRA and 30 personnel of
CRPF participated in the operation.
It also points to the concealment of rapes and murders by the Chhattisgarh
police. The FIRs filed by DS Marawi, after the media had exposed the attacks,
make no mention of the rapes and murders. Media reports on this were
dismissed as propaganda by SRP Kalluri and the Chhattisgarh government.
It must be noted that the CBI was repeatedly attacked and intimidated during the
course of the investigation.
The following Constables in the Chhattisgarh Police (former SPOs), who were
identified by the villagers have been charged under Sections 34, 326 and 436 of
IPC include: 1.) Vanjam Deva, of Surpanguda, 2.) Telam Kosa of Lakkapal, 3.)
Madkam Bheema of Jonaguda,
4.) Telam Nanda of Lakkapal, 5.) Kiche Nanda of Korrapad (now Head
Constable), 6.) Barse Ramlal of Peddabodkel (Auxiliary Constable), 7.) Sodi
Dashru of Millempalli (gopniya sainik).
The fact that these leading SPOs have been held responsible also shows that the
Chhattisgarh State Government’s action in converting all SPOs into Armed
Auxiliary Forces, with effect from the date of the SC judgment banning them, (5
July 2011), was malafide. The state was directed to weed out and prosecute all
those held guilty of human rights violations. It has completely violated its
obligations to the Court.
The following persons, many of whom are well known Salwa Judum leaders
(now members of new vigilante organisations like Samajik Ekta Manch and
AGNI) have been charged under Sections 34, 147, 149, 323, 341, 427 and 440 of
the IPC for the attack on Swami Agnivesh
1.) Dulal Shah 2.) Vijay Singh Chouhan 3.) Balwant Singh Chouhan,
4.) P. Vijay Naidu, 5.) Sodi Joga, 6.) Kawasi Kosa, 7.) Mukesh Kumar Podiyami,
8.) Rinku Prasad Gupta, 9.) Kartam Muya, 10.) V. Laxmi Narayan
11.) Sanjay Shukla, 12.) Wali Mohammad, 13.) Midiyam Ganga
14.) Muchaki Linga 15.) Rajendra Verma 16.)Sheikh Nayeemullah
17.) Chhannu Korsa 18.) Boddu Raja 19.) Soyam Bheema
20.) Baliram Nayak 21.) Punem Hurra 22.) Md. Rafiullah Khan
23.)Soyam Muka , 24.)Mohammad Shammy 25.) Sunnam Penta
26.) Salvam Rajarao
The matter was listed before Justice Madan Lokur and Justice AK Goyal today, 21
October, 2016. The judges directed the CBI to make a copy of the papers
available to the petitioners, as represented by Senior Advocate Ashok Desai.
They allowed the petitioners to file a protest petition in RC 8 and RC 9 which
have been closed (relating to Morpalli). The Justices also noted that in cases of
rapes and murders where the victims were unable to identify the perpetrators,
they should be give compensation under 357 A, for which a dedicated fund is
available.
The Honourable Justices also raised the question of peace talks, mentioning the
example of the 2016 Nobel Peace Prize for the resolution of the Colombian
government war with FARC, as well as the Nagaland and Mizoram settlements.
Mr. Ashok Desai for the petitioners and Mr. Ranjit Kumar, Solicitor General and
Mr. Tushar Mehta, ASG agreed on the need for such a settlement and the ASG
assured the court that the government was seriously considering the issue, and
promised to take it up at the highest levels. The government counsel conceded
that police action was only a momentary step, there had to be a longer-term
solution.
October 22, 2016 at 12:30 pm
Court charging the SPOs regarding the attack on Swami Agnivesh is a positive step. This reflects the state terrorism in states has made the lives of adivasis miserable. The court should also investigate the role of higher officials responsible for the rapes and murders of adivasis and dalits in Chhattisgarh and other states and labelling them as Maoists. The example of Columbia president agreement with FARC is a welcome observation. Court should exert pressure on rulers to seriously consider the matter.