In his letter, Mevani alleged that Kumari, a senior bureaucrat in Gujarat, made discriminatory and derogatory comments about marginalised communities, especially Dalits and Adivasis, during an official government meeting. According to Mevani, the incident occurred on October 23 during the “Taluka Swagat Karyakram,” a public grievance redressal program under Gujarat’s SWAGAT (State-Wide Attention on Grievances by Application of Technology) initiative.

Mevani cited a recorded video as evidence, claiming it captures Kumari saying that 90% of cases registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, commonly known as the Atrocities Act, are used for blackmail rather than legitimate grievances. Mevani described these remarks as “appalling” and “casteist,” noting that they show disdain and disrespect for marginalised communities. He argued that Kumari’s statements go beyond mere insensitivity, instead representing a blatant violation of Section 3(1)(r) and Section 3(1)(s) of the Atrocities Act, which prohibit public servants from intentionally insulting or intimidating Schedule Caste/Schedule Tribe individuals. Under these sections, any form of humiliation, abuse, or threat against Scheduled Caste or Scheduled Tribe members by a public servant in a public space is considered a criminal offense, punishable by imprisonment and fines.

The letter further described Kumari’s derogatory language toward lawyers, who she reportedly said should be “slapped with slippers” if they support such grievances. Mevani argued that such remarks from a high-ranking official undermine the dignity of both SC/ST communities and legal professionals, whose role is to advocate for the marginalised. He requested that the President take immediate action to suspend Kumari and investigate her conduct, stressing that this behaviour reflects a broader pattern of casteist and patriarchal attitudes within the bureaucracy that must be addressed at the highest levels.

Mevani took to social media to put out the letter addressed to the President, stating “Request to His Excellency the President demanding the arrest of IAS Neha Kumari. On 23rd October, Gujarat’s Mahisagar district collector Neha Kumar (IAS) insulted a Dalit youth Vijay Parmar on the stage of a government program by saying, “You deserve to be beaten with a chappal, you bastard.” She said about lawyers, “They do the work of getting beaten with chappals” and also displayed her casteist thinking by saying that 90% of the atrocity cases are done for blackmailing! The use of these words is definitely worth filing an FIR under the Atrocities Act. Therefore, today a letter was written to His Excellency the President demanding to permanently dismiss Neha Kumari from her job and to register an FIR against her and ensure her immediate arrest.”

IAS नेहा कुमारी की गिरफ्तारी की मांग करते हुए महामहिम राष्ट्रपति जी की सेवा में निवेदन।

23 अक्टूबर को गुजरात के महिसागर जिले के कलेक्टर नेहा कुमार (IAS) ने सरकारी कार्यक्रम के मंच पर से दलित युवक विजय परमार को ” चप्पल से मारने के लायक है, हरामी साला” यह कहकर अपमानित किया। वकीलों… pic.twitter.com/Y1tWAZQ0Qg

— Jignesh Mevani (@jigneshmevani80) November 6, 2024

The letter may be read below:

Mevani has also demanded of the Gujarat government to immediately suspend Collector Neha Dubey if they do not endorse her statement. Mevani also demanded that a case be filed against the collector under the SC/ST (Prevention of Atrocities) Act. His stance is also being supported by Gujarat Scheduled Castes Congress President Hitendra Pitharia who has raised the demand for the filing of an FIR against the collector by visiting the police station. As per a report of The Mooknayak, Pitharia said that when people in administrative positions harbour such casteist mindsets, it is distressing to imagine how ordinary Dalits and tribals will be treated. He called for the immediate suspension of Collector Neha Kumari and strict action against her.

Details of alleged casteist and unprofessional behaviour

The core incident, as provided by Mevani, occurred on October 23, 2024 during a SWAGAT program at the Mahisagar District Collectorate. This initiative, established by the Gujarat government, aims to address public grievances directly by allowing citizens to present issues to district officials. Vijay Parmar, a Dalit person, attended the event to raise grievances on behalf of marginalised communities. During his interaction with the Collector, Parmar reportedly recorded the conversation, capturing Kumari’s allegedly offensive remarks.

She made the contentious statements in her office before Parmar, a Dalit law student, whose video of the incident is now circulating widely. In the video, the collector reportedly described 90% of atrocity cases as “tools of blackmail” and stated that most women also file false cases under Section 498A. Additionally, she commented on lawyers, saying they deserve to be “hit with slippers.”

In the video, Kumari allegedly commented that marginalised communities, particularly Dalits, misuse the Atrocities Act to blackmail members of the general caste, thereby casting SC/ST individuals in a negative light. Mevani highlighted that such statements from a government officer overseeing public welfare and grievance redressal display deep-seated bias and perpetuate harmful stereotypes against SC/ST communities. Additionally, he noted that Kumari’s dismissive attitude toward Parmar’s grievances, coupled with her disparaging remarks about the legal profession, conveyed contempt for both the rights of marginalised people and the legal mechanisms designed to protect them.

Mevani also pointed out an incident where one of Kumari’s subordinates attempted to confiscate Parmar’s mobile phone on her instructions, seemingly to prevent him from recording the conversation. According to Mevani, this action demonstrated an authoritarian and non-transparent approach to governance, raising questions about the accountability of public servants. He emphasised that, contrary to any justification provided by Kumari’s office, there is no law prohibiting citizens from recording their interactions with government officials. He argued that the attempt to seize Parmar’s phone exemplified the excessive control that some bureaucrats exercise, stifling the voices of those seeking justice.

The video of the said incident may be viewed here:

https://x.com/jigneshmevani80/status/1851528836829085801

it is crucial to note that Mevani’s letter to the President was preceded by public demands he made on October 30 for Neha Kumari’s suspension. During a visit to Lunawada, the district headquarters, Mevani called for an FIR to be filed against Kumari under the Atrocities Act for her “insensitive” and “unparliamentary” language. He publicly condemned her alleged statement that 90% of cases filed under the Atrocities Act are intended for blackmail, asserting that such views demean SC/ST communities and undermine the purpose of protective legislation for historically marginalised groups.

Mevani’s appeal to the President thus represents a call for accountability and transparency within the government. He argued that the alleged casteist and authoritarian behavior by bureaucrats like Kumari must be addressed to maintain public trust in the administration. The letter underscores Mevani’s commitment to protecting SC/ST communities from bias and discrimination within the public sector, particularly when these groups seek redressal for grievances.

लुनावाडा के कलेक्टर द्वारा एट्रोसिटीज एक्ट पर की गई विवादित टिप्पणी के खिलाफ कल विरोध प्रदर्शन। pic.twitter.com/IQEYrUfXv5

— Jignesh Mevani (@jigneshmevani80) October 29, 2024

Neha Kumari’s response to the allegations raised by MLA Jignesh Mevani

As per multiple media reports, Neha Kumari dismissed Mevani’s claims as a “political stunt” aimed at gaining publicity. She defended her conduct, stating that Vijay Parmar, whom Mevani described as a “poor, innocent young friend,” has a criminal background, with police cases filed against him and serious allegations against his brother, including charges of rape, kidnapping, and assault. According to Kumari, Parmar and his family members frequently visit her office with grievances, often pressuring her to act outside her legal authority. At the SWAGAT program, Kumari claimed, Parmar demanded that she file a case against police officers, despite her explanation that such matters should be addressed with the Superintendent of Police (SP) or in court.

Kumari further stated that Parmar threatened her, warning her about his knowledge of Section 4 of the Atrocities Act, seemingly to intimidate her based on her caste identity. She argued that such actions constitute an abuse of the Act, as it was designed to protect genuine victims, not to be misused for personal vendettas. Kumari criticised Mevani’s support for Parmar, contending that it risks undermining law and order by encouraging individuals with criminal records to exploit the system. She claimed that the alleged misuse of the Atrocities Act complicates the pursuit of justice for legitimate victims, as it fosters skepticism among officials and distracts from genuine cases.

Relevant legal provisions applicable to the IAS Officer’s alleged conduct

The allegations against Mahisagar District Collector Neha Kumari, as described by MLA Jignesh Mevani, could potentially attract several legal provisions under Indian law due to her alleged casteist and derogatory comments, unprofessional behaviour, and attempts to obstruct public grievance redressal. The following are key legal provisions that may be relevant in this context:

1. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, commonly known as the Atrocities Act, is intended to prevent discrimination, humiliation, and violence against members of SC/ST communities. The Act includes specific sections that criminalise any attempt by public servants to intimidate, insult, or humiliate SC/ST individuals, which are as follows:

• Section 3(1)(r): This section makes it an offense for any person to intentionally insult or intimidate, with the intent to humiliate, a member of a Scheduled Caste or Scheduled Tribe in any place within public view. In specific to this case, Kumari’s alleged remarks about SC/ST individuals misusing the Atrocities Act for blackmail and her casteist language during an official program could fall under this section. Since her comments were intended to demean or degrade SC/ST members in a public space, this section may be held to be applicable.

• Section 3(1)(s): This section makes it an offense to abuse or intimidate SC/ST individuals in any public place or within the jurisdiction of a public servant with the intent to humiliate. Herein, the alleged insults directed at Vijay Parmar, a Dalit person, during the public SWAGAT program may be considered a violation of this section, especially if they were intended to demean his status or dignity in a public setting.

• Section 4: This section holds that any public servant who, not fulfilling their duty of protecting SC/ST individuals from atrocities or discrimination, neglects to perform their responsibilities, shall face penalties under the Act. As provided above, Mevani’s claim that Kumari did not adequately address Parmar’s grievances, coupled with her alleged casteist remarks, could be interpreted as a failure to perform her duty as a public servant tasked with ensuring equal and fair treatment for all citizens, including SC/ST individuals.

2. Bharatiya Nyaya Sanhita, 2023 

• Section 196: This section penalises any person who promotes enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and acts prejudicial to maintaining harmony. If Kumari’s alleged remarks were intended to incite prejudice or create enmity against the SC/ST community by labelling them as abusers of the Atrocities Act, this section might apply.

• Section 298: This section criminalises deliberate and malicious acts intended to outrage the religious feelings of any class by insulting its religion or religious beliefs. Though generally used in religious contexts, this provision might be invoked if Kumari’s comments are interpreted as a deliberate insult to SC/ST cultural dignity or social beliefs, although the link is more tenuous.

• Section 356: This section makes it an offense to harm the reputation of a person or group by making defamatory statements. Kumari’s alleged comments may be seen as defaming SC/ST communities, casting them in a negative light by generalising them as blackmailers under the Atrocities Act, which may tarnish their reputation and dignity.
• Section 351: This section punishes intentional insult with the intent to provoke a breach of peace. If Kumari’s alleged comments were perceived as insults with the potential to incite anger or disrupt public order, she could be liable under this section.

3. Service Conduct Rules for Civil Servants

IAS officers are governed by the All India Services (Conduct) Rules, 1968, which outline the expected code of conduct for civil servants. Allegations raised against Kumari shows that she was in violation of the following:

• Rule 3: This rule emphasises that every member of the Service should maintain high ethical standards, act with integrity, and avoid any actions that could be interpreted as discriminatory or abusive.

• Rule 3(1)(iii): Specifically mandates that an officer should avoid comments or actions that are discriminatory or create any form of social divide.

In summary, the allegations levelled by MLA Jignesh Mevani against Collector Neha Kumari could potentially trigger multiple legal actions, particularly under the SC/ST (Prevention of Atrocities) Act, the Bharatiya Nyaya Sanhita, and civil service conduct rules. If proven, her conduct might not only attract criminal penalties but could also result in disciplinary action under service regulations, reinforcing the principle of accountability for public servants in India. However, even getting a FIR registered in her name even after having video proofs seems to be a difficult task at the moment.

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The post Suspend Collector Neha Dubey, file cases against her for abusive anti-Dalit remarks under SC/ST (Prevention of Atrocities) Act: MLA Mevani to President Murmu appeared first on SabrangIndia.

The open letter and the protest come amid an ongoing controversy related to Mevani’s recent meeting with Pandian on October 15 when the ADGP allegedly insulted him. Mevani has stated that he went to meet Pandian to raise the land-related issues of Dalits in Kutch.

In his letter to Shah, Mevani  said, “With his behaviour, especially on the issue of land rights to Dalits, Rajkumar Pandian has not just misbehaved with an elected representative… he has insulted the dignity, rights and esteem of 50 lakh Dalits of Gujarat. This is unquestionably unacceptable and intolerable,” he added.  Mevani has posted the letter on his social media handle on X.

Also making a reference to Pandian’s jail term in connection with  the case of extra-judicial killimgs (“fake encounters”), Mevani also said, “…keeping in mind the history of accusations against and consequential jail term undergone by Pandian, I do see myself threatened.” Facing serious charges of such extra-judicial killings, Pandian was in jail for around seven years before he was discharged.

“I am compelled to say that if any harm is done to me, my life and property and/or the life and property of my family, and/or to the life and property of Shri Hitendra Pitadiya, and/or the life and property of any of my team members/associates; in any such case, Rajkumar Pandian should be held responsible,” he added.

Mevani is seeking the termination of Pandian, Mevani claimed, “I am convinced that such a bureaucrat occupying an office of such importance would always fail to serve the people, particularly the most marginal, namely Dalits. I therefore pray that in order to retain the sanctity and credibility of the Offices of the Police Department, you kindly  …give necessary instructions to the concerned authorities to move to terminate/suspend Rajkumar Pandian with immediate effect.”

Meanwhile, Gujarat Congress leaders and Dalit community members on Wednesday also gathered outside the DGP office in Gandhinagar and staged a protest, seeking the suspension of Pandian. Shouting slogans against Pandian, hundreds of people led by Mevani and senior Congress leaders, including Gujarat Pradesh Congress Committee (GPCC) president Shaktisinh Gohil and party MLAs, gathered outside the ‘Police Bhavan’.

“Anti-social elements have grabbed 20,000 bigha of land (1 bigha is 17,427 sq ft) belonging to Dalits, but IPS officer Pandian does not have the courage to get their land freed …When we went with an appeal, the IPS officer tried to suppress our voice…” said Mevani.

Talking to PTI, Pandian called the allegations “baseless,” and asserted the state police give due importance to the welfare and safety of weaker sections of society, including Dalits and tribals.

A delegation of senior Congress leaders also met DGP Vikas Sahay and submitted a memorandum, accusing Pandian of “absolutely unacceptable, improper and deplorable behaviour”.

(With inputs from PTI)

The post IPS officer, Rajkumar Pandian must be suspended, MLA Jignesh Mevani to Amit Shah appeared first on SabrangIndia.

On March 18, 1956, the slogan “Jo zameen sarkari hai, woh zameen humari hai.” rang through for the first time in India. It was by none other than Dr Babasaheb Ambedkar at a seminar for land redistribution. Ambedkar was a votary for control over land and production to Dalits, a social and political movement he had headed pre-Independence in the 1930s.

As India gears up for elections in 2024, 68 years later, this issue hovers on the margins with only a few Dalit movements articulating this core demand that signals structural change, most being caught up in issues only related to identity.

Today, 102 of the total of 543 seats go to the polls in the 18^th Indian Parliamentary Election. Of these 102, 39 lie in the state of Tamil Nadu where Dravidian politics rules but the struggle for land for Dalits, especially women is hard. Arunachal Pradesh, Assam, Chhattisgarh (Bastar), Madhya Pradesh, Maharashtra (five seats of the Vidharbha region of which in four land distribution is a key issue, though not articulated), Rajasthan (13 seats), Uttarakhand (all five seats), West Bengal, Uttar Pradesh, Mizoram, Meghalaya, Manipur, Nagaland, Tripura, Lakshwadeep, Pudicherry, Udhampur (Jammu) are among the states that go to election. In none of the campaigns by the prominent political parties in various states, has the issue of land distribution been audible or visible.

For over more than a century, the land for Dalits Movement has cost many lives. At the heart of the demand is one for socal equity and economic justice for India’s historically marginalised scheduled caste communities. According to the 2011 census of India, over 71 % of the Dalit community work as landless labourers. Shockingly, this section of India’s most marginalised holds, in total, only about 9 % of agricultural land – despite the scores of agricultural reforms issued after independence.  To emphasise the point, land ownership is itself very much an issue related to caste.

Today in 2024

The road to land ownership for Dalits was and continues to be filled with obstacles. Dalits were offered a semblance of ownership through “community land” arrangements in the pre-Independence era. These lands that they may have gotten after struggling to reclaim them through existing legal provisions are often encroached upon (historically) by upper-caste zamindars, resulting in tense confrontations between them and the landless labourers of the village. Entrenched interests among the bureaucracy and even elected representative ensure that these do not get “cleared” from the evictions. Recognising this historic disenfranchisement over land, and recognising that the community remains vulnerable to social violence despite the existence of laws, ensured the 1989 law –brought in after 38 years of the enactment of the Constitution –addresses this: there is a provision against such encroachments. For instance, Section 3(1) (f) and 3 (1) (g) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989  recognises wrongfully occupying or cultivating land that belongs to or is allotted to a member of a Scheduled Caste or Tribe, and is an enabling provision, facilitating the transfer of such land as grievous crimes.. It also includes unlawfully dispossessing a member of a Scheduled Caste or Tribe from their land or property, interfering with their rights over land, property, water, or irrigation facilities, damaging crops, or stealing produce. However, district Magistrates and Collectors rarely move an inch to implement the law, neither is their any people’s or political pressure for lands to be vacated and handed over to the Dalits. Today, despite these provisions, there are over 31 conflicts over land that affect the lives of over 92,000 Dalit individuals across the country, according to the Land and Conflict Watch.

In March 2024, a movement, unseen and unheard of in the mainstream discourse, was led by women and driven by the aspirations of Punjab’s Dalit community, who make up about 32 % of the state’s population. These women protested in the state in the form of the ‘Mazdoor Paidal Jodo Yatra’.  The protest raised crucial demands which included the call for land ownership rights, basic housing, relief from crushing debts, fair wages, and an end to the entrenched scourge of caste-based discrimination. This move is crucial because in agrarian states like Punjab constitutes around 85 % of Dalits as landless labourers whereas neighbouring Haryana ranges at a harrowing figure of 92 %.

A polity that lived under the influence of a text like the Manusmriti, depressed castes were systematically denied property rights, which ended up setting the stage for continuing inequality. For instance, in regions like Punjab, these discriminatory legacies have endured even after prohibitions were officially lifted, leaving Dalits excluded from land ownership despite constituting a significant portion of the populations and fighting for the rights promised to them by the law.

For instance, though the Punjab Village Common Lands Regulation Rules was introduced in 1964 and it specified that about one-third of the communal land managed by a panchayat would be designated for use by Dalits. However, in reality, despite this law, the situation for the state’s Dalits remained the same.

Tamil Nadu, a Dravidian state?

Similarly, in Tamil Nadu, about 90% of Dalit farmers are concentrated in the workforce of agricultural labourers.

Nicholas, who is a senior member of the Tamil Nadu Land Rights Federation, spoke to Sabrang India, about the history and present of land right issues in the state, “We started to work on Panchami Land. It is also called “depressed caste land.” It was distributed by the British for socio-economic welfare by Queen Victoria in 1892.”

As per records, it was a report by the acting collector of Chengleput and cricketer James H.A. Tremenheer  on the socio-economic conditions of the ‘pariah’ population that led the British government to enact land distribution law called the Depressed Classes Land Act. This land today is known as Panchami land. According to a ruling by the Madras High Court, Panchami land cannot be sold by anyone who doesn’t belong to the Scheduled Caste group.

However, despite this provision, the actual distribution of land for Dalits started in the beginning of the 20th century. Nicholas, with decades of experience working on land rights, continues, “All over Madras Presidency, including Tamil Nadu, Andhra Pradesh, and Kerala. However, when states were divided after independence, we found out that 1.2 million acres was distributed in Madras Presidency, while only about 300,000 acres of land was redistributed in Tamil Nadu. Furthermore, even when this took place, it was found that most of the land was usurped by landlords.”

Many films have depicted the fight for reclaiming their land in Tamil Nadu. The  Dhanush starrer, Asuran, set in 1976, also depicted the issue. Nicholas further describes the abolition of the The Tamil Nadu Board of Revenue Abolition Act, 1980 through which the posts of Village Munsif and Village Karnam were replaced by  the posts of Village Administrative Officers. However, Nicholas marks one important distinction in this change that made a huge difference.

“After 1978, Chief Minister MG Ramachandrana abolished the Munsif system because landlords were exploiting it. He introduced Village Administrative Officers. Yet, what was unprecedented was now, about 18% of the officers were Dalits due to reservation. Soon they came to know about it as they did not know about the land distribution provisions earlier. Thereafter, it was these Village Administrative Officers who passed on this message to civil society organisations that started to take up this issue in northern Tamil Nadu. However, it was difficult to collect land documents, only a few officers cooperated, and others did not.”

“In 1994, a group of peasant people led by civil society organisations led a march. Two Dalits were shot down on 10th April 1994. It became an emotional issue in the state, and many Dalit movements started to take up the issue of Panchami land.”  However, Nicholas and fellow activists soon discovered that only by systematic means will they achieve justice, after which they formed the Dalit Land Rights Federation in northern Tamil Nadu and collected standing orders of the government. “We mobilised Dalit women in the northern districts and that was an incredible move. In the beginning, it was difficult, but the Right to Information Act of 2005 made it very easy to get the Panchami land documents. The women started to submit claims and petitions for their land. They used to negotiate and land tribunals were set up. Only through this were they able to reclaim Panchami land, but only some parts of northern Tamil Nadu.” 

However, decades on, the figures still remain dismal. According to Nicholas, nearly 90,000 women have applied for land with documents, but only 3,000 women got their land back. “Still this was a big win. The leadership of the Dalit women was unrelenting, they did not compromise anywhere.”

However, the struggle did not end there. There was a new hurdle, a new challenge. “At the same time, Special Economic Zones were passed in 2006. Then the consolidation of land by the state became an issue all over India, including Tamil Nadu. It was given to the corporate sector, and it saw several protests not to use Panchami land for industry. These protests are continuing. At that time, (2006) the Forest Act granted land to tribals. Coastal communities were evicted. The land issue became an issue for all communities following which in 2009, we formed the Tamil Nadu Land Rights Federation, including small and marginal farmers, fish workers, slum dwellers, and tribal people who were displaced.”

Gujarat 

“In India, classes arose in the form of caste,” explains elected MLA Jignesh Mevani from Vadgam, Gujarat. He quotes D. D. Kosambi, as he begins, “There has always been an exploitation of castes because of the Manuwadi-Brahmanwadi structure – land ownership is decided by caste. As a nation, we decided to be a socialist secular republic – with this idea came the concept of social justice. Socialism waswas inspired by Marx, Lenin, Dr Ambedkar, Vinoba Bhave, Gandhi. Distribution of land thereby remains crucial to the annihilation of caste.”

Jignesh Mevani, an advocate and human rights activist before he entered mainstream politics and contested elections further elaborates, “However, it is consistently seen that before land can go to the Dalits, the landless, the land tillers, and the OBC and Adivasis, it goes to the corporate class, the real estate mafias etc. Nowadays there is too much focus on identity, little focus on real, material issues. Today the daily income of a farmer is 27 rupees. The combined income of a farmer’s family, with the money from several working members, including those who do odd jobs or work as ASHA health workers, is 10,218 rupees.”

He goes on to cite the case of Gujarat, where he says the rightful land of Dalits is usurped by the “so-called upper castes – even though on paper it may be allotted to the Dalit community, it will still be under the physical possession of the so-called upper castes.”

He also cites the provisions under the SC/ST Atrocities Act, highlighting how existing provisions criminalise encroachment on land owned by Dalits.

It was in 2009, Mevani states that he discovered thousands of acres of land was in such a state in Gujarat. Land was allotted to Dalits only on paper, but possessed by the members of upper castes. Land to the tiller has become land to the tycoons. We have a neoliberal government.” He explains how district magistrates would not even file FIRs in such  scenarios which left members of the Dalit community extremely vulnerable to violence and death.

Battle through Gujarat’s courts

Therefore, in 2009, he filed a PIL in the court, with his lawyer Advocate Mukul Sinha. Following the PIL, the government admitted facts through three affidavits filed before the high court admitting the encroachment, and the non-registration of FIRs in such cases of land encroachment.

That is when Mevani adopted a parallel path, grass root action. “I myself therefore decided to bring out such cases over other districts in the state.” Mevani then conducted a field investigation over three years in the state, discovering scores of cases across the state. These cases, he says, were not new but went back to the 1980s and 1960s. Following his PIL, the ministry of development in Gujarat released a Report which states that over 39% of the land allotted for the Dalit community was encroached upon by Other Castes. Following Mevani’s field investigation, the revenue department further released a state-wide circular instructing civil servants to conduct a state-wide survey and assessment for such land disputes. The first and only Report was finally compiled – however, instead of conducting the actual survey, the concluding paragraph stated that the redistribution of land, in such cases of encroachment, was “huge and gigantic task”; this was the final dismissal of my petition.” The path of justice came to an abrupt end in the courts then.

The Report also noted that over 163,000 acres of land had already been allotted to people belonging to the scheduled caste and scheduled tribe community in Gujarat. Knowing from the ground that this was just a paper achievement, Mevani filed an RTI in 2014 inquiring about the land allotment and the response to the RTI revealed that only 18,000 such people were actually granted the land.

“What this essentially means is that the government is intent on protecting the interests of the so-called upper castes, the ruling class. However, our land struggle has ensured that over 25,000 bighas of land worth over 750 crores is distributed – this was done by the community.” A lawyer by profession, Mevani himself has reportedly represented applicants filing for restitution of their land over 20 times, according  to a report. Citing the struggles wrought in the Una Movement, he concludes, “the struggle continues.”

Mevani, who arose to the fore with his leadership in the 2016 Una movement, cites the example of the changes that can be brought by distribution of land, “U.N. Dhebar was the chief minister. He facilitated the distribution of 12 lakh acres of land to the Patel community. After the transfer of such a huge land parcel, they generated surplus following which people bought more land parcels. This led to the creation of industries, real estate, migration –  not to mention a sizable portion of the community in the Silicon Valley in the USA.

The community,” he adds, “started playing a dominant force in politics as well. Today there are 40 MLAs from the Patel community in the Gujarat assembly. Now, moving to Varna-Vyavasta, today a chunk of the land owning class to which the Indian state carried out land distribution, comprises of Shudras, namely, the Reddys, Patels, Jats, Yadavs, Gurjars. However, the government did not allocate land to the landless Dalits.”

This young MLA from Gujarat, a state not known for values of social justice, cites an example which displays how the community fought for itself, on its own, bereft of the help of the government, “Dr Ambedkar’s close Dadasaheb Gaekwad led a struggle for land rights for the community. Do you know how much land was restored to the community after the struggle? 39 Lakh acres of land. The Congress government had to eventually accept the demands of the movement which saw over 360,000 Dalits being detained and arrested. No one knows about this.”

Maharashtra

This pattern seems to follow in many parts of India. In 1958, a movement started in the Konkan area of Maharashtra under the leadership of Dr. Ambedkar for land rights. The most significant land rights agitation was conducted by the Republican Party of India from December 6, 1964, to February 10, 1965, during which over 3 million Dalits were arrested. Following this, the The Bombay Inferior Village Watans Abolition Act, 1958 was launched. This was launched after the abolition of the watan system. The watan system was enacted by the British where they granted lands to certain community, many were granted land and some of them including the Mahar and Ramoshi communities. With the new law the government aimed to assist Dalit families to reclaim land. However, none of this was to avail as much as it should have.

A report by Firstpost records how, at present 2.5 lakh of the total 6 lakh acres of the watan land given to the Mahar and Ramoshi communities is either used by the government or it has been grabbed by upper caste farmers.  Similarly, the  Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 was also introduced by the government which sought to create an upper limit to the amount of land an individual could own. The remaining land, as per the law, would be redistributed first to tenant farmers and then to landless dalits and adivasis. However, there has been reportedly a failure by the government to implement this law. For instance, even today, according to the  2011 census, 81 % of Dalit farmers are agricultural labourers and only 9 % of total land holdings are held by the community in Maharashtra,

How the Dalit land rights movement emerged pre-Independence

Dr Ambedkar time and again raised the importance of land rights for India’s scheduled castes and tribes, especially in initial years of his movement. Babasaheb Ambedkar firmly believed that the ownership of land and its produce was essential for dismantling the caste system and its processes of exploitation. Therefore, the struggle for land rights is not merely a recent event but a chapter within a larger narrative of struggle and resistance, a part of the history that is shaped by historical injustices and the quest for emancipation.

During negotiations for independence with the British at 1931 Round Table Conference in London  Dr Ambedkar spoke valiantly about the issue of exploited classes in India, and the need for them to be socially and  economically independent in an Independent India.  He had raised these issues time and against. He had even formed organisations such as the Bahishkrit Hitkarni Sabha and Konkan Praant Shetkari Sangh (KPSS, 1931) for the rights of farm labourers. Detailed in the book India: Legacies and Challenges of the Land & Forest Rights Movement, in the 1930s these efforts in fact allowed him to “build a formidable organisation of peasants here that not only mobilised farmers across various caste groups, but also tried to emphasise that long-lasting peasants’ solidarity in India could only be achieved if and when other social questions (of discrimination) are taken up seriously.” In the eight decade after India’s indepdence access to land remains a distant dream for India’s Scheduled Castes, more evidemce if any were needed how deeply entrenched caste disticntions and discriminations still remain.

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Uttar Pradesh: Dalit man killed in UP in alleged land grab attempt

In Pictures: Unique Protest in Andhra Pradesh’s Dosapadu Village by Dalits Against Illegal Encroachment of Land

Landless Dalits, Hit Hardest By Disasters, Are Last To Get Relief

The post Absent in Elections 2024: Dalits and the historic battle for land appeared first on SabrangIndia.

On January 16, 2024 Ahmedabad Metropolitan Magistrate Court acquitted Congress MLA Jignesh Mevani and 29 others who were booked by Ahmedabad Railway Police for a rail roko protest in 2017 under IPC Section 143 (unlawful assembly), 147 (punishment for rioting), 149 (unlawful assembly in pursuit of common object), 332 (voluntarily causing hurt to deter public servant from his duty) and Section 153 of Indian Railway Act (endangering safety of persons travelling by railway by wilful act or omission).

According to the FIR filed by the Ahmedabad Railway Police on the day of the incident, i.e., January 11, 2017, Mevani and other protestors from Saroda village were accused of trespassing Kalupur Railway Station and delaying the departure of New Delhi bound Rajdhani Express for 20 minutes by jumping atop of the train engine and blocking the railway track, before being taken into custody by the police. One woman constable was also allegedly injured while arresting the protestors.

Additional Chief Metropolitan Magistrate P N Goswami noted in his judgement that there were several inconsistencies in the prosecution’s case, with the heavy reliance on police witnesses, accompanied by lack of valid material evidence against the accused. This led the court to give benefit of doubt to the accused, acquitting all, and referring one juvenile to the Juvenile Court for the separate trial.

Brief Background

The rail roko protest at Ahmedabad’s Kalupur Railway Station was organised by Jignesh Mevani, who is now an MLA from Vadgam constituency and convener at Rashtriya Dalit Adhikar Manch, along with other protestors for demanding from the state government the possession of land parcels which were allotted to Dalits but which remained in the possession of dominant upper caste, Indian Express reported. Mevani was elected as MLA in December 2017 for his first term in office.

A sessions court had in 2021 refused to discharge him in the case, as per a report in the Economic Times.

Mevani has been previously booked on similar charges by the state government on number of occasions for protesting against the government, and has since been acquitted in some of these cases, including the most recent acquittal in 2023, when he was booked for supporting sanitation workers of Ahmedabad Municipal Corporation (AMC) and charged for allegedly vandalising a police vehicle, and rioting. Incidentally, in 2022 the Assam Police came all the way to Gujarat to arrest Mevani in a case registered against him for criticising the Prime Minister Modi on the social media!

After the Una incident in 2016 where four Dalit youths were flogged by the cow vigilantes for skinning a dead cow, Mevani had organised a 370 km long street protest for demanding justice for the survivors of the Una violence and asked fellow Dalits to give up their traditional occupation of removing cow carcasses. Since 2015, he has been using public spaces and the street as an efficient mode of protest, and has organised various ‘rasta roko’ and ‘rail roko’ protests.

In the present case while the group was protesting against the state government’s policies and demanding attention of the government, initially the police seemed to have identified Mevani only on the basis of his popularity without conducting an identification parade in the presence of Executive Magistrate, leading to a suspicion over the motives of the police. Pertinently, thirteen out of 31 accused were women.

Case and the judgement analysis

The case against the accused as per the complaint mentions that the accused had “illegally entered platform no. 10 of the Kalupur Railway Station on January 11, 2017,” and “created fear” amongst the passengers of the train. The complaint records that the protestors laid down on the railway track, climbed on the railway engine and chanted slogans against the government. Furthermore, a women police constable, Sangita Devi, was also alleged to have been injured by the accused while removing them from the site. Pertinently, the accused were charged for criminal conspiracy and common intension to carry out the illegal act. Rejecting the claim of the prosecution about the conspiracy, the judgement notes that the “Prosecution has not tried to prove any facts as to where this conspiracy was hatched, who was its mastermind and what was the common intention of the accused. This does not prove a conspiracy. No facts have been brought on record as to what was the illegal intention of the accused in this deed.” (Para 5, Page No. 11, Criminal Case No. – 14899/2017, Metropolitan Magistrate Court, Ahmedabad)[1]

On the accusation that the protestors caused injury to policewoman Sangeeta Devi, the judge referred to her own statement, in which she did not blame the accused for the injury, and the evidence from the doctor that too did not support the claim of the police. The judgement records that the charges were not even proven by the police and the accused were falsely implicated in the case.

The verdict (in translation) reads, “The facts as to what offense was committed by the accused in this work have not been brought on record in the evidence of the Prosecution. The fact that the accused persons were falsely implicated in the commission of this crime should lead to the acquittal of the accused person”. Significantly, it was also observed that the charge under Section 149 of IPC was added just before the chargesheet was filed, after registering the offense, though the court recorded that the facts do not support the prosecution in proving the addition of the said Section.

The court, in its judgement, also pulled up the state for conducting flimsy investigation and providing poor evidence to support the case. The judge recorded that the number from which the (complaint) call came is not mentioned in the complaint by the police personnel nor does it state the name of the person from the control room who called the concerned police personnel to inform them about the incidents. The judgement also notes that the police did not register any complaint against the accused for being on the platform without possessing platform or railway ticket. Additionally, the identification parade was not conducted in the presence of witnesses of the accused by the Executive Magistrate and the accused were not found damaging any railway property or rail tracks.

The verdict found apparent contradictions in the evidence of the prosecution witness and pointed out that he could only identify Jignesh Mevani, but not the rest of the accused persons.

Interestingly, police statements based on the account of prosecution witness did not mention anything about what the crowd was demanding or chanting. The court further identified that most witnesses were from police department, and the police version heavily relied (almost exclusively) on these witnesses.

The judgement observed that “Regarding this incident, witness employees no photography or videography was taken from the R. P. F. employee’s mobile phone in relation to the incident. The names and addresses of the men and women who were on the track at the time of this incident were not verified and their statements were not recorded.” (Para 8, Sub-Para 48, Page No. 118)[2]

Given that no statements of fellow passengers travelling on Rajdhani train were recorded during the incident, the prosecution case was already weakened, but it also suffered from various other evidentiary deficiencies. The court observed that while “It is essential in complaint that the both the complainant and the accused in complaint must have the signature. On seeing the form 154 being shown to witness, it is stated that there is no signature of witness or of the accused as complainant.” (Para 8, Sub-Para 48, Page No. 118)[3]

Noting also the unreliability of the police witnesses, the verdict observes, “If we consider the facts of all the above oral and documentary evidence presented by the Prosecution in this case, it appears that among the witnesses who have presented evidence in this case, all the witnesses except the Police officers do not support the facts of this incident.” (Para 9, Page No. 128)[4]

While the video evidence in the form of a CD was submitted by the police which allegedly recorded the incident, the court rejected it as no certificate of the Indian Evidence Act under Section 65(B) was produced in respect of the CD. The court also found the police deliberately prolonging the case to harass the accused persons and observed, “it appears that the Investigating Officers have deliberately kept defects and defects in the investigation of this work with the intention that the court cannot make any order against the accused by considering the footage contained in this CD as proof against the accused.” (Para 12, Page No. 136)[5]

Commenting on the primary accusation that the accused delayed the train by 20 minutes, the court noted that the documentary evidence for this was not captured when it was available and an inquiry as to why these documents were not seized was never clarified by the officials. Thus, observing that there were “significant lapses and defects” in the investigation, the accused were given benefit of doubt and acquitted by the court.

Conclusion

The shrinking space for protests in civil society through muzzling of dissenting voices has now become a regular phenomenon in this country where the law itself been weaponised to target anyone having a divergent or dissenting viewpoint.

Selective and frequent cases against young opposition leaders who are effective in mobilising their communities has also seen a spike. Such political witch-hunting, especially of opposition voices, needs to be curbed by the enforcement of the rule of the law, and the present judgement does some measure of justice by recognising the misuse of punitive power and procedure and calling out the poor investigation against Jignesh Mevani and others.

The judgement may be read here:

(The author is part of the CJP’s Legal Research Team)

[1] Equivalent Gujarati quotation: “આ કામે પુરાવાની હકીકતો ધ્યાને લેવામાં આવે તો ફરીયાદ પક્ષે આ કાવત્રુ કઈ જગ્યાએ ઘડવામાં આવેલ કોણ તેના સુત્રધાર હતા તહોમતદારોનો સમાન ઈરાદો શું હતો તેવી કોઈ હકીકતો સાબિત કરવાનો પ્રયત્ન કરેલ નથી. આ કામે કાવત્રુ સાબિત થતુ નથી.”

[2] Equivalent Gujarati quotation: “આ ધટના સબંધે સાહેદે કે, સાહેદના કર્મચારીઓએ આર. પી. એફ. ના કર્મચારી એ મોબાઈલ થી કોઈ ફોટો ગ્રાફી કે, વિડીયો ગ્રાફી બનાવ સબંધે ઉતારેલ નહી. આ બનાવ સમયે પાટા પર કેટલા સ્ત્રી પુરુષો હતા તેના નામ સરનામા પુછી તે કોઈ ખરાઈ કરી તેઓના નિવેદનો નોંધેલા નહી”

[3] Equivalent Gujarati quotation: “સાહેદ એ વાત સાથે સહમત છે કે, ફરીયાદમાં ફરીયાદ આપનાર તથા ફરીયાદ લેનાર બન્નેની સહીઓ હોવી જરૂરી છે. સા સાહેદને ૧૫૪નું ફોર્મ બતાવવામાં આવતા જોઈને જણાવેલ છે કે સાહેદની કે ફરીયાદ આપનાર તરીકે ફરીયાદીની કોઈ સહી નથી સાહેદે જણાવેલ છે કે; પી. એસ. ઓ. ની સહી છે.”

[4] Equivalent Gujarati quotation: “આ કામે ફરીયાદ પક્ષે રજૂ રાખવામાં આવેલ ઉપરોકત તમામ મૌખિક અને દસ્તાવેજી પુરાવાઓની હકીકતો ધ્યાને લેવામાં આવે તો એવું જણાઈ આવે છે કે, આ કામે ફરીયાદ પક્ષે પુરાવો રજૂ રાખનાર સાહેદો પૈકી તમામ પોલીસ અધીકારીશ્રીઓ સીવાય અન્ય કોઈ સાહેદો આ બનાવની હકીકતોને સમર્થન કરતા નથી.”

[5] Equivalent Gujarati quotation: “આ હકીકતો ઘ્યાને લેવામાં આવે તો એવું જણાઈ આવે છે કે આ કામના તહોમતદારો વિરૂઘ્ધ આ સીડીમાં રહેલ કુટેજ સાબિત માની અદાલત તહોમતદારોની વિરૂઘ્ધમાં કોઈ હુકમ કરી શકે નહી તેવા આશયથી તપાસ કરનાર અધીકારીશ્રીઓએ આ કામેની તપાસમાં જાણી જોઈને ક્ષતિ અને ખામી રાખી દીધેલ હોય તેવું જણાઈ આવે છે”

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Dalit lives continue to be at risk across the country, from Karnataka to Rajasthan

The post Ahmedabad Magistrate Court finds investigation against Mevani flimsy, acquits Mevani and others in Ahmedabad rail roko case appeared first on SabrangIndia.

The 45-year-old Dalit man was thrashed by a hotel owner and his employee in Gujarat’s Khanpur taluka after an argument over food items broke out. The victim was identified as Raju Vankar alias Jayanthi Chauhan who hails from Gujarat’s Isroda.

The victim, Raju Vankar (45), died while undergoing treatment at a government hospital in Vadodara city on Friday night (June 9), two days after being thrashed by the hotel owner and his counter manager, an official of Bakor police station said. Soon after the incident, Dalit leader and Congress MLA Jignesh Mevani demanded immediate arrest of the accused, whom he called “casteist goons” and warned of a protest.

As per the first information report (FIR), Vankar, an autorickshaw driver, went to the hotel to have dinner on June 7. On conclusion of the meal, he also asked the hotel staff to pack food for him to carry home. An argument ensued when he thereafter raised an objection before the hotel owner regarding the quantity of the food packed for him saying that it less than what he paid for, the two accused started arguing with him and hurled casteist abuses at him. “They then thrashed him, leaving him badly injured,” the police official said.

The victim returned home and told the family members about the assault. Later at night, he started complaining about acute pain in his abdomen. “His wife called an ambulance and took him to a hospital at Mahisagar,” he said.

He was later shifted to a hospital at Godhra in Panchmahal district, from where he was moved to SSG Hospital at Vadodara. “There he underwent an operation, but later succumbed to his injuries,” police officials said.

A case was registered against the two accused under Sections 323 (voluntarily causing hurt), 504 (intentional insult to provoke someone), 506 (2) (criminal intimidation), and 114 (abettor present when offence committed) of the Indian Penal Code (IPC) as well as relevant provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. After his death, the police added Section 302 of the IPC pertaining to murder. The hotel is located near the Limdiya intersection of Khanpur taluka and a detailed investigation is underway.The incident took place on May 7 and a case was initiated under the jurisdiction of Bakore Police Station.

MLA Mevani called for a protest over the death of the Dalit man and alleged that the victim died after being beaten up by the “casteist goons” that left his liver damaged.

The family of the victim and members of his community will hold a protest demanding immediate arrest of the perpetrators, the legislator said, adding that the body of the deceased will not be accepted unless the accused duo is held.

On June 4, villagers in Gujarat’s Patan district allegedly assaulted a Dalit man and chopped off his thumb after his nephew picked up a cricket ball during a match at a school playground.

The incident took place in Kakoshi village.

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The post Dalit man succumbs to thrashing by hotelier: Gujarat appeared first on SabrangIndia.

It appears that the regime has put Jignesh Mevani firmly in its crosshairs. Just days after he was granted bail and released in two cases by Assam courts, the independent Member of Parliament (MLA) from Vadgam in Gujarat has now been found guilty of unlawful assembly.

The case pertains to a protest organised by the Dalit rights activist on July 12, 2017. This was one year after the incident in Una where men from a Dalit family were flogged publicly in a blatant display of caste-based violence in Gujarat. Mevani and nine others, including Nationalist Congress Party (NCP) leader Reshma Patel, were held guilty of holding the rally without police permission.

Bar and Bench quoted the court as observing, “It is not an offence to hold rally but it is an offence to hold rally without permission… disobedience can never be tolerated.”

Amidst all this, it is noteworthy that a member of Mevani’s team had sought permission for the rally from the Mehsana Executive Magistrate and permission was granted initially. However, it was revoked later. According to Bar and Bench, the Court said that the accused could have challenged the order of the executive magistrate revoking permission for the rally and then held the same with permission.

Chief Judicial Magistrate JA Parmar convicted ten people and sentenced them to three months in jail along with a fine of Rs 1,000/- each.

Mevani returned to Gujarat from Assam just this weekend after getting bail in two cases. The first pertained to two allegedly offensive tweets against Narendra Modi, and the second one regarding assaulting an on-duty police officer. The Assam police had arrested Mevani on the night of Thursday, April 20, 2022 from a circuit house in Palanpur in Gujarat and first took him to Ahmedabad overnight and then flown him to Assam the following day. Throughout this process, neither Mevani, nor his team were given a copy of the FIR or even told what charges he was picked up on. Mevani claims he wasn’t even allowed to talk to his lawyers or his family until he was at the Kokrajhar Police Station.

He was granted bail in that case on Monday, April 25, but re-arrested shortly under what were seen as trumped-up charges where he was not only accused of assaulting a police officer on duty but also outraging her modesty in the process. Mevani was granted bail in this case too on Friday, April 29, and the Barpeta court even made scathing observations against the police. The court had surmised, “In view of the above testimony of the victim woman, the instant case is manufactured for the purpose of keeping the accused Jignesh Mevani in detention for a longer period, abusing the process of the court and the law.” However, these comments were later stayed by the Gauhati High Court.

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Barpeta Sessions Court hauls Assam Police over the coals for “manufactured case” against Jignesh Mevani
BREAKING: Jignesh Mevani gets bail in assault case in Assam
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BREAKING: Jignesh Mevani re-arrested after getting bail in Assam
BREAKING: Assam court grants Jignesh Mevani bail
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Jignesh Mevani arrested over tweet against PM Modi

The post Now, Jignesh Mevani sentenced to three months in jail for unlawful assembly appeared first on SabrangIndia.

In a huge shot in the arm for Jignesh Mevani, the Barpeta court that granted him bail last Friday in the assault case, took the Assam Police to task for abusing the process of the law, purportedly for keeping Mevani in custody for a longer duration.

Readers would recall that Mevani was originally arrested on April 20 from the Palanpur circuit house in Banaskantha district of Gujarat at about 11:30 P.M on April 20, 2022 by the Assam Police for posting two allegedly offensive tweets against Prime Minister Narendra Modi. He was taken to Ahmedabad for the night and flown to Assam the next day where a case had been filed against him at the Kokrajhar Police Station by a Bharatiya Janata Party (BJP) member for the tweets. He was remanded to police custody for three days and granted bail by a Kokrajhar court on Monday April 25, 2022.

But shortly afterwards, he was re-arrested, this time by the Barpeta police in a case involving assaulting a woman police officer. This was the second case registered against him in the state of Assam and in this case, he was charged under IPC sections 294 (obscene acts and songs), 323 (voluntarily causing hurt), 353 (assault or criminal force to deter a public servant from discharging duty) and 354 (outraging the modesty of a woman). He was denied bail by a lower court and remanded to five days police custody.

Upon appealing to a higher court, Mevani was granted bail. A close reading of the thirteen-page bail order passed by Sessions Court judge A. Chakravarty on April 29, 2022, reveals scathing remarks made by the court about the conduct of the police in booking and arresting Mevani in the assault case.

Barpeta Sessions Court’s observations

The court noted Mevani’s lawyer Senior Advocate Angshuman Bora’s submission that though the alleged incident occurred inside a moving vehicle while transporting Mevani from the Guwahati airport to Kokrajhar, the Woman Sub-Inspector (WSI) “did not inform the learned Chief Judicial Magistrate, Kokrajhar about the alleged incident and also did not lodge any FIR with the Kokrajhar police station, though admittedly, after reaching Kokrajhar the first informant informed her superiors about the incident.”

Interestingly, the court also noted the odd response of the WSI’s superior to her complaint. “In fact, the superintendent of police, Kokrajhar, should have and ought to have directed the victim woman to lodge the FIR with the Kokrajhar police station. But for reasons best known to him he did not do so,” observed the court.

As far as the bizarre facts of the case go, the court also observed, “No sane person would ever try to outrage the modesty of a lady Police officer that too in presence of two male police officers and there is nothing in the record to hold that the accused Shri Jignesh Mevani is an insane person.”

The court also observed the discrepancy in the WSI’s submission before the magistrate and the contents of the FIR. “It seems, the victim woman was seating next to the accused person and as the vehicle was moving, the body of the accused must have touched the body of the victim and she felt the accused was pushing her. But, the victim did not depose that the accused used his hands and outraged her modesty. She also did not depose that the accused uttered obscene words at her. She has deposed that the accused abused her in his language. But, she definitely did not understand the language used by the accused. Otherwise she would have mentioned the language used by the accused,” the court recorded in its order.

The court surmised, “In view of the above testimony of the victim woman, the instant case is manufactured for the purpose of keeping the accused Jignesh Mevani in detention for a longer period, abusing the process of the court and the law.” The court concluded, “Therefore the case registered based on the instant FIR is not maintainable as the FIR is the second FIR. In view of the above, the bail petition is allowed.”

But the court did not stop there. Taking into account a series of encounter killings along with the over-reach and abuse of power in the Mevani arrest matter, the court expressed apprehension that Assam might turn into a police state, and directed that a copy of the bail order be sent to the Gauhati High Court so that it might be taken up as a Public Interest Litigation to curb police excesses.

Mevani resurfaces stronger than ever

Mevani was released and reached his home state of Gujarat on the weekend. He thanked his supporters and well-wishers, tweeting:

How does one thank an entire country in some tweets? For someone who loves poetry, today I am short of words. After 9 days in police custody over fabricated charges, I am out. With you, of you, for you.

Thank you so much, forever indebted ? pic.twitter.com/EjkS1rx2YD

— Jignesh Mevani (@jigneshmevani80) May 1, 2022

Then on Monday, he attended a press conference organized by the Congress party at the All India Congress Committee (AICC) headquarters and tore into the Bharatiya Janata Party (BJP) regime’s cozy relationship with crony capitalists, and their lax attitude towards prosecuting crimes, particularly hate crimes.

“They did nothing when exam papers were leaked, or when a Dalit woman accused an BJP minsiter of sexual assault, or when a huge consignment of drugs was caught at the Adani owned Mundra port. When calls are given for genocide of a particular community, there are no investigations, not even when some people openly say ‘Goli maaro s***on ko’. But I post two tweets and devotees of Godse sitting in the PMO (Prime Minister’s Office) filed two serious cases against me.”

Displaying his characteristic devil-may-care attitude, he challenged the Prime Minister to prove his allegations of Modi being a devotee of Godse wrong. “I challenge you to raise ‘Godse murdabaad’ from the Red Fort,” Mevani fired his latest salvo at the Prime Minister.  

Mevani further alleged that the entire episode was planned meticulously in advance. “Judging by the flight time and travel distance, it appears that the Assam Police booked their flight tickets even before they filed the FIR against me,” said Mevani, adding, “They know that I am a lawyer and lawmaker, yet they kept me in the dark about what charges were filed against me, did not give me a copy of the FIR, prevented me from speaking to my lawyers or family, and violated protocol by even keeping the state assembly speaker in the dark about the arrest of a sitting MLA until after I reached Kokrajhar!”

It is noteworthy that Mevani, an independent Member of Legislative Assembly (MLA) from Vadgam in Gujarat, not join the Congress party alongside fellow activist-turned-politician Kanhaiya Kumar in September 2021 due to a technicality, is all set to join the party formally at the end of his term as MLA. Assembly elections are due in Gujarat later this year. The Congress party has been rallying strongly behind Mevani ever since he was arrested, offering legal assistance, checking in on him to ensure he was not tortured or ill-treated in custody, and organising multiple protests and demonstrations across two states – Gujarat and Assam.

Related:

BREAKING: Jignesh Mevani gets bail in assault case in Assam

Barpeta court rejects Jignesh Mevani’s bail in assault case

BREAKING: Jignesh Mevani re-arrested after getting bail in Assam

BREAKING: Assam court grants Jignesh Mevani bail

Assam court remands Jignesh Mevani to three days police custody

Jignesh Mevani arrested over tweet against PM Modi

The post Barpeta Sessions Court hauls Assam Police over the coals for “manufactured case” against Jignesh Mevani appeared first on SabrangIndia.

In a huge relief for Jignesh Mevani, a court in Barpeta has granted him bail in connection with the case involving assaulting a woman police officer in Assam. Sources have told SabrangIndia that he has been granted bail on a personal bond of Rs 1,000/-.

This was the second case filed against him. Mevani was arrested by the Barpeta police in this case shortly after receiving bail in the Twitter case. In this case, he has been booked under IPC sections 294 (obscene acts and songs), 323 (voluntarily causing hurt), 353 (assault or criminal force to deter a public servant from discharging duty) and 354 (outraging the modesty of a woman).

Previously a lower court in Barpeta had denied him bail and remanded him to five days police custody for allegedly assaulting a woman police officer and preventing her from doing her duty. On Thursday, Mevani’s legal team moved a higher court and though the hearing was concluded on the same day, the court reserved its order. The court granted him bail today.

Mevani, an independent Member of Legislative Assembly (MLA) from Vadgam in Gujarat, was first arrested by the Assam Police on April 20, 2022, from the Palanpur circuit house in Banaskantha district in Gujarat at around 11:30 P.M on the complaint of a BJP member from Kokrajhar about his allegedly offensive tweets. He was taken to Ahmedabad where he was kept overnight before being flown to Assam the following day.

Here, he was first denied bail by a Kokrajhar court and remanded to police custody for three days Then he was granted bail on April 25, shortly before being arrested again by the Barpeta Police.

The Congress party has been rallying strongly behind Mevani ever since he was arrested, offering legal assistance, checking in on him to ensure he was not tortured or ill treated in custody, and organising multiple protests and demonstartions across two states – Guajarat and Assam. This is because Mevani, who would not join the Congress party alongside fellow activist-turned-politician Kanhaiya Kumar in September 2021 due to a technicality, is all set to join the party formally at the end of his term as MLA. Assembly elections are due in Gujarat later this year.

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Jignesh Mevani arrested over tweet against PM Modi

The post BREAKING: Jignesh Mevani gets bail in assault case in Assam appeared first on SabrangIndia.

The National Commission for Scheduled Castes (NCSC) has issued notice to the Chief Secretaries of Gujarat and Assam in connection with the arrest of Jignesh Mevani, a Member of Legislative Assembly (MLA) from the Vadgam constituency in Gujarat.

Mevani was arrested by the Assam Police from a circuit house in Gujarat’s Banaskantha district at 11:30 P.M on April 20, 2022, for two allegedly offensive tweets against Prime Minister Narendra Modi. He was then taken to Ahmedabad where he was kept overnight and flown to Assam the following day. It is alleged that the arrest was carried out in complete violation of procedures laid down in law for the arrest of a sitting MLA.

On April 25, the Rashtriya Dalit Adhikar Manch (RDAM) and Jai Bhim Youth Group filed a complaint with the Mamlatdar’s office highlighting the discrepancies in Mevani’s arrest. The Mamlatdar is a local designation of an official with the Prant (district) office, and is the Head of revenue administration consisting of 50 groups of villages.

The complaint letter in Gujarati may be viewed here:

National Dalit Adhikar Manch and Jai Bhim Youth Group have filed an application in the Mamlatdar’s office against the house arrest of Jignesh Mevani #Lakhtar #ReleaseJigneshMevani @jigneshmevani80 @RDAMIndia @ADevvrat @assampolice @BJP4Assam @CMOfficeAssam @DalitDastak @INCSCDept pic.twitter.com/RBxYfpoWvz

— YE_AWAAZ_HAI ?? (@Ye_Awaaz_Hai) April 25, 2022

Dalit groups have been holding multiple protests across the state ever since Mevani was arrested.

संविधान के सम्मान में
हम सब है मैदान में।
@jigneshmevani80 को रीहा करने की मांग के साथ गुजरात में जगह जगह पर विरोध प्रदर्शन किया गया, आनेवाले दिनों में यह संघर्ष और भी तेज किया जाएगा।#ReleaseJigneshMevani #iamwithjigneshmevani #istandwithjigneshmevani pic.twitter.com/2fFnpCEynB

— Rashtriya Dalit Adhikar Manch (@RDAMIndia) April 22, 2022

आज सारंगपुर, अहमदाबाद में @jigneshmevani80 की गिरफ्तारी के खिलाफ विरोध प्रदर्शन किया गया।

कल सोमवार को अहमदाबाद के जुना वाडज सर्कल, अहमदाबाद सुबह 10:30 बजे से कलेक्टर ऑफिस तक रैली निकाली जायेगी।

सभी साथियो को जुड़ने की अपील।#ReleaseJigneshMevani pic.twitter.com/MXrnaXo8Wf

— Rashtriya Dalit Adhikar Manch (@RDAMIndia) April 24, 2022

While Mevani was granted bail by a Kokrajhar court in the Twitter case on April 25, he was re-arrested shortly thereafter by the Barpeta Police in connection with a case involving assaulting a female police officer. A lower court in Barpeta rejected Mevani’s bail plea in this case on April 26, and remanded him to five days police custody. Mevani is expected to appeal to a higher authority today.

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The post Jignesh Mevani’s arrest: NCSC issues notice to Gujarat, Assam appeared first on SabrangIndia.

An Assam court has denied bail to Jignesh Mevani in a second case involving obstructing a public servant today. Mevani had been booked in this case and re-arrested shortly after getting bail in the Twitter case yesterday. Chief Judicial Magistrate Mukul Chetia has now remanded Mevani to five days police custody. Sources close to him have told SabrangIndia that he could move a bail plea before a higher forum tomorrow.

The case was filed on the complaint of a female police official who was accompanying Mevani from the Guwahati airport to the Kokrajhar police station on Friday. According to her complaint, Mevani used foul language against her, pushed her in a bid to prevent her from doing her duty and in doing so touched her inappropriately. She accused Mevani of uttering “slang words” and said that upon being asked to behave properly, he got even more agitated. She further said, “He pointed a finger towards me and tried to frighten me and push me on my seat with force. He thus assaulted me during the execution of my legal duty of being a public servant and outraged my modesty by touching me inappropriately while pushing.”

Senior counsel Angshuman Bora has been leading arguments in Mevani’s defence since Sunday. In the second case, while making strong arguments for Mevani’s release on bail Bora pointed out that while the MLA from Vadgam in Gujarat was produced on two occasions before the Magistrate in Kokhrajhar last week and then again on Sunday, no mention at all was made of this “offence” registered or lodged with the Barpeta police. Several judicial decisions of the Guwahati and Kolkatta High Courts require the police and prosecution to make known such other offences during the course of the hearing of a bail application. This clearly indicates, Bora argued, that the second FIR lodged in Barpeta was an after thought aimed at harassment and intimidation of a political rival.

Mevani was arrested by the Barpeta police in this case shortly after receiving bail in the Twitter case, on Monday, April 25. In this case, he has been booked under IPC sections 294 (obscene acts and songs), 323 (voluntarily causing hurt), 353 (assault or criminal force to deter a public servant from discharging duty) and 354 (outraging the modesty of a woman). 

The Congress party, that has been rallying behind Mevani ever since he was first arrested on Wednesday night from the Palanpur circuit house in Gujarat’s Banaskantha district and was flown to Assam for posting allegedly offensive tweets against Prime Minister Narendra Modi, continued to hold demonstrations demanding justice for the independent Member of Legislative Assembly from Gujarat, who is all set to formally join the party at the end of his term.

Party members chanted “Release Jignesh Mevani” while holding demonstrations outside Barpeta police station. Member of Parliament Abdul Kahleque and Member of Legislative Assembly Jakir Sikdar were present at the protest.

Barpeta Town#Justice4Jignesh pic.twitter.com/WGIj1ISZ5I

— Abdul Khaleque (@MPAbdulKhaleque) April 26, 2022

#Justice4Jignesh
At Barpeta today.@JitendraSAlwar@BhupenKBorah@srinivasiyc@angkitadutta pic.twitter.com/atRJ8VCNs0

— Assam Congress (@INCAssam) April 26, 2022

#Justice4Jignesh
At Barpeta today.@JitendraSAlwar@BhupenKBorah@srinivasiyc@angkitadutta pic.twitter.com/tYPYXn3qpv

— Assam Congress (@INCAssam) April 26, 2022

The not only condemned his arrest under allegedly trumped-up charges, but also the entire process where a sitting MLA was arrested and brought to another state without following basic procedures like informing the Speaker of the Assembly:

#Justice4Jignesh
At Barpeta today.@JitendraSAlwar@BhupenKBorah@srinivasiyc@angkitadutta pic.twitter.com/tTK3vQAbyB

— Assam Congress (@INCAssam) April 26, 2022

Another video of the protest may be viewed here:

SabrangIndia’s sources on the ground say that as many as 300 INC members and 100 CPM activists were present during the protest and some were even detained for the same. MP Abdul Khaleque who represents Barpeta in the Lok Sabha was one of the people taken to the police station, but released later. A news agency quoted him as saying, “We were forcefully put inside police vans and taken to Barpeta police station. After some time, we were released.”

Related:

BREAKING: Jignesh Mevani re-arrested after getting bail in Assam

BREAKING: Assam court grants Jignesh Mevani bail

Assam court remands Jignesh Mevani to three days police custody

Jignesh Mevani arrested over tweet against PM Modi

The post Barpeta court rejects Jignesh Mevani’s bail in assault case appeared first on SabrangIndia.