Shri L.Jayaditya Singh
Acting Chairperson
Chhattisgarh State Human Rights Commission
Near Mantralay, Raipur, Chhattisgarh
Dear Acting Chairperson
Adivasiyon ki rajya mein adivasiyon ki hatya ko le kar pichhle hafta se rajya mein bahas jari he. Is bahas mein aapka yogdan jaruri he. Kyonki rajya-vasiyonki manav adhikar ki jimma aap ke pas he.
At first I will thank you for your notice to Bijapur Superintendent of Police on extra-judicial killing of 12 tribal people of Panjer and Santoshpur village of Bijapur District of Chhattisgarh on April 28, 2007.
Meaning of notice to Bijapur Superintendent of Police
I understand that you respect article 11 of Universal Declaration of Human Rights which states, "Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence." Thus, you asked him to enjoy all his rights for his defence because you also affirms that "Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him' as stated in Universal Declaration of Human Rights Article 10. Thank you-because you respect the rule of law and principles of human rights.
My petition on extra-judicial killing of 12 innocent tribal civilians
My petition was regarding the extra-judicial killing of 12 innocent tribal people who are killed by Chhattisgarh police alleging them supporters of Naxalites without providing necessary opportunities to secure their defence and fair public trail. Because they are tribals, Because they are living in villages, Because they are illiterate and Because they are poor and Because they have no voice, Chhattisgarh police killed them. This is not an isolated incident. There are extra-judicial killings in the state rising alarmingly. During 2005-2007, 508 tribal people have been killed.
Extra-judicial killing kya he
You must be aware that the most fundamental and thus, inviolable right to which every human being is entitled is the right to life. The violation of the right to life outside of legitimate judicial process is extrajudicial killing, which continues to go unchecked and unpunished because perpetrators investigate for the crime they commit. Media in Chhattisgarh report that the Bijapur police, who is the alleged perpetrator, is carrying the investigation.
You have power
You have the power for the purpose of conducting any investigation pertaining to the inquiry, utilise the services of any officer or investigation agency of the Central Government or any State Government with the concurrence of the Central Government or the State Government, as the case may be. 508 people killed by police action. But you have not asked to investigate by impartial agency or by your self. Further, NHRC guidelines states, "Whenever a specific complaint is made against the police alleging commission of a criminal act on their part, which makes out a cognisable case of culpable homicide, an FIR to this effect must be registered under appropriate sections of the I.P.C. Such case shall invariably be investigated by State CBCID". But you asked the alleged perpetrator to investigate.
Please inform the people what are you doing
In this context, you have moral and legal obligation to inform the people of Chhattisgarh what are the circumstances make your eye closed. If it is not true, as a concerned citizen, I would like to ask you to probe the Bijapur incident by CBI or by your self. Further, it is also right of the people of Chhattisgarh to know how many extra-judicial cases you have considered and what happened to all cases. Did you deliver justice to marginalized?
Sincerely
Subash Mohapatra
A concerned citizen
(The letter writer is a human rights activist and associated with Forum for Fact-finding Documentation and Advocacy) -- Subash MohapatraDirectorFFDA-IndiaMIG-22, Sahayog Park, Mahaveer Nagar, Raipur, Chhattisgarh 492 06Cell: 09893115543Email: mohapatra.subash@gmail.comWeb:www.ffdaindia.in
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