Legal Aid in Conflict Zones - Bastar HRLN

1. Jagdalpur LegalAid Group
Legal Aid in Conflict Zones
Bastar

2. Jails in the Bastar Division
 Jagdalpur Central Jail
 Dantewada District Jail
 Kanker District Jail

3. Overcrowding in Jails (2013)
 Of all the states in India, Chhattisgarh has had the highest rate
of overcrowding in Jails for the past 6 years.
Capacity of
Jails
Actual
Occupancy
Occupancy
Rate
INDIA 347,859 411,992 118%
CHHATTISGARH 6,070 15,840 261%
Kanker Dist. Jail 65 278 428%
Dantewada Dist. Jail 150 557 371%
Jagdalpur Central Jail 579 1,508 260%

4. Rate of Incarceration (2013)
India
Chhattisgarh
Bastar Division
29
24 26
34
62
78
Prisoners per lakh of population
Housing Capacity
Number of Inmates

5. Rate of Incarceration of Undertrials
(2013)
-
20
40
60
80
100
120
India Chhattisgarh Uttar Bastar
Kanker
Bastar Dantewada
Dakshin
Bastar
21
34 37
44
105
Undertrialsperlakhpopulation

6. Duration of Incarceration of Undertrials in
Prison (2013)
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
All India Jails All Chhattisgarh
Jails
Dantewada
District Jail
Jagdalpur
Central Jail
More than 5 years
3-5 years
2-3 years
1-2 years
Less than 1 year

7. 1 Accused
26%
2 Accused
9%
3-5 Accused
16%
6-10 Accused
24%
11-20 Accused
20%
21-100 Accused
5%
More than 5
accused 49%
Distribution of Sessions Trials by
Number of Named Accused (2013)

8. Charges in Sessions Trials
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Arms Act Explosive
Substances
Act
IPC- Against
Public
Tranquility
IPC - Against
Human Body
IPC - Against
Property
NDPS Others
%ofdisposedsessionstrials
2005
2006
2007
2008
2009
2010
2011
2012
2013

9. 0%
10%
20%
30%
40%
50%
60%
70%
80%
Murder or attempt to murder (Ss
302, 307)
Crimes against women (Ss 366,
376, 498, 498A)
2005
2006
2007
2008
2009
2010
2011
2012
2013
Charges in Sessions Trials

10. Charges against Undertrials
33%
39%
56%
86%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
India Chhattisgarh Jagdalpur
Central Jail
Dantewada
District Jail
Percentage of Undertrials charged with
Murder/ Attempt to Murder / CH (2013)

11. Rate of Bail in Undertrials
0%
10%
20%
30%
40%
50%
60%
70%
80%
India Chhattisgarh Jagdalpur
Circle
Dantewada
District Jail
PercentofTotalUndertrialsinaYear
Undertrials Released on Bail Per Annum
2010
2011
2012
2013

12. Duration of Sessions Trials in
Dantewada
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
2005 2006 2007 2008 2009 2010 2011 2012 2013
More than 6 years
5-6 years
4 -5 years
3-4 years
2-3 years
1-2 years
0-1 years

13. Cases Disposed off in the First Year
0
10
20
30
40
50
60
70
80
90
2005 2006 2007 2008 2009 2010 2011 2012 2013
89
72
51
19
24 23
38
20
32
Numberofcasesdisposedoffintheir
yearofInstitution

14. Presentation of Undertrial Prisoners in
Courts
(Jagdalpur Central Jail)
0%
20%
40%
60%
80%
100%
Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14
Undertrials
Neither presented
Only Warrant Presented
Undertrial Presented

15. Disposal of Cases
0%
20%
40%
60%
80%
100%
2005 2006 2007 2008 2009 2010 2011 2012 2013
97% 94% 94%
99% 99% 97%
91%
98% 96%
PercentofCasesDisposedOf
Year
Rate of Complete Acquittals

16. Conclusions
 Jails in Bastar have a severe problem with overcrowding
 The reason behind overcrowding is not lack of capacity, but
excessive number of prisoners.
 In Dantewada South Bastar, excessive number of prisoners in jail
results not from increased arrests, but longer durations of
incarceration on undertrials
 In Dantewada South Bastar, many people are arrested in group
crimes (>5 accused), charges put on them are severe, bail is rarely
granted, but eventually most of the undertrials are acquitted.

17. Undertrials in Bastar Division
Some Case Studies

18. Fabrication of Evidence
Many chargesheets clearly show that evidence has been fabricated
against the accused:
 Improving memory with time -
 State v. Joga, Jugal and Sudar – In 13 FIRs over 5 months, different
complainants have named many different names of accused – none
have mentioned Joga, Jugal and Sudar. In all 13 chargesheets, the same
13 complainants – a few days after the FIRs – have given police
statements, in which they all add names of Joga, Jugal and Sudar to the
names already present in the FIR.
 State v. Kawasi Hidme – Policemen at the scene of encounter claim
hearing Naxalites shout 50 names of each other, while attacking the
police party. These 50 names are in the FIR and police statements taken
right after the attack. Five months later, two policemen remember 53
names, and the remaining 3 are soon arrested.

19. Fabrication of Evidence
 Similar evidence - different crimes –
Chargesheet no. 24/2010, P.S. Kuakonda 26/2010, P.S. Kuakonda
FIR No. 13/10 P.S. Kuakonda 17/10 P.S. Kuakonda
Witness Name Mundra Muchaki s/o Pisa 45 years Chote Bedma, Hidmapara P.S. Kuakonda Sannu Muchaki s/o Madka Muchaki 38 years Chote Bedma, Hidmapara
P.S. Kuakonda
Testimony:
Introductory
Part
The list of the
accused
The description
of the crime
The description
of the crime
Concluding
part.
I live in village Chote Bedma. I am engaged in agriculture. On 8.7.2010, on
Thursday, in the morning when I was going to my farm, I saw that from the
jungle some uniformed Naxalites were coming along with:
(1) Madkami Kosa (2) Madkami Deva (3) Madavi Budhra (4) Sodi Nanda (5)
Madavi Budhra of Phoolpad (6) Ashram warden Soni Sodi of Jabeli, who were
coming from the direction of the jungle, talking with the Naxalites.
Out of fear, I hid in the jungle and saw these people and also listened to the
conversation of these people, that this time Avadhesh Gautam and people of the
police station survived the attack. Next time, whenever we attack, not even one
police man should survive and the police station should also be blown up in the
bomb blast. Saying this they were walking towards the jungle.
Later on I came to know that in the night the Naxalites along with the above-
mentioned people attacked the police station and the police personnel in police
station Kuakonda, and tried to loot the governments ammunition stored in the
police station, and tried to kill the personnel in the attack. The above-mentioned
people were seen walking towards the jungle with the Naxalites by me.
Because of fear, I have not told anyone, today I am speaking without fear.
<Signed>
17.10.2010
I live at the above address. I am engaged in agriculture. On 16.8.2010, in
the morning when I was going to my farm, I saw that from the jungle some
uniformed Naxalites, carrying guns, were coming along with some
villagers:
(1) Madkami Kosa (2) Madkami Deva (3) Madavi Budhra (4) Sodi Nanda
(5) Madavi Budhra s/o Bhima 28 years of Phoolpad (6) Jabeli’s Ashram
warden Soni Sodi, whom I recognized.
Out of fear, I hid in the jungle and saw these people who were saying, that
the older building of the Tehsil Office should also have been blown up,
which we will blow up next time. And the documents should be blown up
and destroyed. Saying this they were walking towards the jungle, which I
heard.
Later on I came to know that the Naxalites along with the above-
mentioned people blasted the newly constructed Tehsil Bhavan, and
destroyed it. The above people along with the Naxalites destroyed the
Tehsil Bhawan in a blast.
Because of fear, I have not told anyone, today I am speaking without fear.
<Signed>
17.10.2010
Note 1. The identical phrasing in the above statements from different chargesheets is highlighted as underlined. The statements are essentially the same, with the
only significant difference between the two accounts being the actual description of the crime, and the dates on which the reported incidents take place.
2. The same accused are listed by both witnesses in an identical order.
3. Each testimony speaks about the unfinished crime which must be completed.
4. Even though the witnesses saw the said accused accompanying the naxalites 2-3 months ago, they are reporting this on the same day.

20. Shoddy Chargesheets
Most chargesheets have little reason to proceed, yet discharges are
rare:
 Accused‟s name is missing -
 State v. Irpa Narayan: Two accused, Midiyam Lachu and Punem Bhima,
are not mentioned anywhere in the chargesheet, except in a bland
statement of the IO that during investigation, he found the two involved
in the crime. They have been in jail for more than 6 years now.
 State v. Madkam Kosa and Ors: 5 accused who were finally acquitted
after 4 years, but all the witnesses in the chargesheet said that crime
was committed by unknown Naxalites
 Secret Informer is the only source of information-
 5 cases against Bhima Kadati, where a “trusted secret informer” is the
only source of information against the accused.

21. Shoddy Chargesheets
Arms Act used indiscriminately
 State v. Betti Buchi - 11 accused, all charged with Arms Act, based on their
memorandums u/s 27 of the Indian Evidence Act which leads to discovery of the
following dangerous weapons -
 4 are shown with one set of a bow with one arrow,
 4 are shown with kitchen knives,
 1 has a knife shaped like a sickle
 1 has a trowel
 1 is shown with a large utensil
 State v Chotu Markam - 7 accused who are booked under Arms Act
 2 have iron tangiyas (axes),
 2 have iron sabbals (shovels),
 2 have iron bandas (crowbars)
 One has a favda (spade)
Court asks the question “क्या अभियुक्तगण ने उसी समय ऱोहे का धारदार बंडा, सब्बऱ एवं टंगगया को
शासन की अगधसूचना के उल्ऱंघन में बबना ककसी वैध अनुज्ञप्तत के अवैध रुऩ से अऩने आगधऩत्य में रखे
हुए ऩाये गये?”
 Subsections never specified, making implementation of s436A of CrPC
impossible.

22. Multiple Trials
One person is often implicated in multiple trials, ensuring a long prison
stay
 Bhima Kadati – a 19 year old boy, was implicated in 12 cases. These cases
continued for about 4 years and though all of them resulted in acquittals, justice was
never served to Bhima who died during the pendency of the cases due to medical
negligence. He was acquitted only in 5 cases during his lifetime.
 Joga, Jugal and Sudar - In this case, three young men Joga, Jugal and Sudar were
illegally detained before being produced in court and slapped with 13 cases. They
were finally acquitted in all.
 (Madkam Kosa and others from Phoolpad): Charged in 19 cases. Acquitted in all
after 5 years in jail.

23. Deliberate Delays in Trials
Non-appearance of witnesses – usually policemen/ doctors – leads to
delays of several years, as courts fail to close prosecution evidence.
 Acquittal - State v. Madkam Handa -
 Prosecution produced a list of 9 witnesses, including 4 from the Naga
battallion
 Even after 40 summons and 4 years, the Naga witnesses didn‟t show up.
 Eventually acquitted after 5 years due to lack of evidence
 Ongoing trials -
 State v. Irpa Narayan and others - First witness (I.O.) arrives after 6 years
of arrest. All witnesses are serving policemen. Bail repeatedly rejected.
Application for closure of evidence dismissed.
 State v. Kunjami Puska – Accused is more than 60 years old. Case
ongoing since 2007. All witnesses except I.O. and Doctor examined by
May 2010.
 State v. Kawasi Hidme – Young girl in prison since 2008. Bail rejected.
I.O and Doctor have not been examined even after 80 opportunities.

24. Deliberate Delays in Trials
Special Acts (UAPA) used to extend pre-trial detention (in Bastar,
Kondagaon and Kanker)
 State v. Joga, Jugal and Sudar
Dates in Chargesheet Event
October 2011-February 2012 Occurrence of 13 events of Naxalite violence
21 June 2012 Three young men arrested and charged with
UAPA in those 13 crimes
24 June 2012 By this date all police statements of witnesses, and
all seizures have been concluded
5 December 2012 Sanction for prosecution under UAPA applied for
12 December 2012 Chargesheet presented in court

25. Deaths in Judicial Custody
 State v Beko Bhima-
 Case was initiated in 2008 and till September 2012 only four
prosecution witnesses had testified before the court and 5 were yet to
testify despite repeated summons.
 Defense lawyer filed an application for closure of evidence on 3.9. 2012,
again in 24.9.2013 and again on 7.4.2014, all these application led
several „last opportunities‟ being granted. Finally, the Court decided to
close evidence and listed the case for statement of the accused.
 The undertrial‟s health was deteriorating and on 13.4.2014 the
undertrial was transferred to Raipur hospital for treatment.
 On 25.8.14, wireless message was transmitted to the court stating that
the condition of the undertrial was very serious. Despite this, the judge
refused to grant bail claiming that he needed a report on his health to be
satisfied.
 Beko Bhima succumbed to his ailments on 4.9.14.

26. Reopening of Old Cases
 Avadhesh Gautam Case-
Attack on the house of the ex MLA Avadesh Gautam on the night between
7th and 8th July, 2010. The primary investigation in the case was initiated
by a letter written by „eye-witness‟ Gautam, wherein he had painstakingly
listed out a total 67 people. The letter was later found to be inadmissible
when Gautam admitted to writing the letter not based on what he had seen
but what was narrated to him by one Bandi who had been brought by the
police. Despite the court ruling out the evidentiary value of the letter, the
same is being used by the police to re-arrest people in the same case.
 Noble Xalco case:
In September, 2010 Noble Xalco a police constable was fatally injured.
Eyewitness Baman Ram mentioned 5 names during the police
investigation, but later told the court that he was not at the scene. Yet, the
case has been re-opened based on another statement of Baman Ram,
after his court testimony, where he claims to have witness involvement of 3
other people in the crime.

27. Documented Atrocities by Police
and Security Forces

28. Atrocities documented by JagLAG
Date Place Event
28th Jul 2014 Ramaram and Pidmel villages,
Sukma District
Fake Encounter of Vetti Hadme and
Markam Idmal
20th Nov 2014 Bade Gurbe village, PS Kukanar,
Sukma District
Illegal Detention of Madvi Sukdi w/o
Ayata for over 4 days in a police camp
26th Nov 2014 ChoteTongpal and Jangampal, PS
Kukanar, Sukma District
Police Beating of 10 village women,
leading to grievous injuries of some
women
6th Jan 2015 Revali village, PS Aranpur,
Dantewada
Extra judicial killing of Nuppo Bhima by
security forces
17th Feb 2015 Tongpal, PSTongpal, Sukma
District
Custodial Beatings of 3 protesters
17thApr 2015 ChoteTongpal and Jangampal, PS
Kukanar, Sukma District
Bhima Madkam injured in police
shooting
27thApr 2015 Kormagundi, PS Kukanar, District
Sukma
Illegal detention of 3 minor girls and
police beating of their parents

29. Atrocities documented by JagLAG
Date Place Event
29th July 2015 Nahadi village, PS Aranpur,
Dantewada
Fake Encounter of Hemla Podiya by
security forces
29th Sept 2015 Darbha, PS Darbha, Bastar Arrest of journalist SantoshYadav on
fabricated cases
6th Oct 2015 Nilavaya PSAranpur, Dantewada Extrajudicial killing of Bhima Madvi
19th-24th Oct
2015
Peddagellur, Chinnagellur,
Gundam, Burgicheru, Pegdapalli,
PS Basaguda, Bijapur
Mass sexual violence of dozens of
women, including gangrape of 3 women
12th Jan 2016 Kunna, PS Kukanar, Sukma
district
Mass sexual violence against 10 women
detained by security forces
11th-14th Jan
2016
Nendra, PS Basaguda, Bijapur Mass sexual violence of village women
by police and security forces, including
13 gangrapes
4th Feb 2016 Sunga, PS Mardum, Bastar Fake encounter of Hidma, who was
picked up at home.

30. Persecution of JagLAG

31. Persecution by Bastar Bar Association

32. Persecution by Bastar Bar Association

33. Persecution by Bastar Bar Association

34. Persecution by Bastar Bar Association

35. Persecution by Bastar Bar Association

36. Persecution by Bastar Bar Association

37. Persecution by Bastar Bar Association

38. Persecution by Samajik Ekta Manch

39. Persecution by Samajik Ekta Manch

40. Persecution by Samajik Ekta Manch

41. Direct Police Pressure And Eviction
Date Description
17.02.2016 JagLAG’s landlord, Pravin Baghel is also visited by the traffic police and asked to
report to the PS with his car. He comes back at 1:30 am, but his car is impounded.
He requests JagLAG to vacate his premises within 7 days at 2:00 am at night.
JagLAG agrees to vacate the house within 7 days.
18.02.2016 In the afternoon, Mr. Baghel is again asked to report to the PS. This time Mr. Baghel
comes back and right away, tells JagLAG that they have to vacate their house within
one or two days. JagLAG requests two days time to pack up and move out.
Samajik Ekta Manch takes out a rally in front of JagLAG’s office.
Special DGP, DM Awasthi, is contacted over phone. The CM is apprised of the
situation by the Leader of the Opposition, Mr. TS Singhdeo. Shalini Gera and Isha
Khandelwal (lawyers of JagLAG) visit the Commissioner, Mr. Wasnikar and apprise
him of the situation. These two lawyers, along with Ms. Bhatia, visit the Bastar
Collector, Mr. Kataria and inform him of the situation also.
Eventually, Mr. Baghel’s car is released from the Kotwali PS, but only after promises
that JagLAG will vacate after 2 days

42. Direct Police Pressure And Eviction
Date Description
19.02.2016 Police reach the family of Ms. Bhatia’s landlord, and visit the landlord at his
workplace. They ask a lot of questions and also take many photographs, with a clear
intent to intimidate the family.
Arvind Netam, ex – Minister of State and currently resident in Jagdalpur, informs
the Chief Sectretary of Chhattisgarh, Vivek Dhand, about the situation and registers
his strong protest.
Police keep patrolling the area around JagLAG’s office to keep an eye on the packing
process. JagLAG’s landlord receives many calls seeking to know who all is present
in the house, how is the packing proceeding, etc.
20.02.2016 Shalini Gera meets with the Dantewada Collector, and apprises him of the situation.
Mr. Baghel continues to receive many calls from the police seeking information
about the progress of the packing up of JagLAG and whether the lawyers have
already left, and what they are doing currently.
JagLAG vacates house and office and all leave for Bilaspur
22.02.2016 JagLAG’s landlord is summoned to the Bodhghat PS, this time to respond to a
complaint by one Dipankar Sahu, that three women of “anti-social antecedents” are
living in his house.