Nikhil Dey | SabrangIndia

Jignesh Mevani defies Prohibitory Orders, meets family of slain Dalit youth in Khairthal

Mon, 14 May 2018 12:34:56 +0000

Section 144 was imposed in Kishangarh Bas (Alwar district) and Neem Ka Thana (Sikar district) in Rajasthan on Sunday, purportedly to prevent Gujarat MLA Jignesh Mevani from moving freely and meeting the family of Pawan Kumar Jatav, a Dalit man who was killed in Police firing last month. However, Jignesh Mevani openly defied these orders and not only met with aggrieved Dalit families, but also garlanded a statue of Dr. B.R Ambedkar in the town square in full public view.

The April 2 shootout
On April 2, police allegedly opened fire on Dalit protesters who were holding an agitation against the dilution of the SC/ST Act. The protest turned violent when protesters allegedly started vandalising Khairthal police station. Khairthal is a town and municipality in Kishangarh Bas Tahsil of Alwar district. 27 year old Pawan Kumar Jatav was a part of the group of agitating Dalits. He was killed in the firing and his friends and family blame the local Station House Officer (SHO). Jatav’s family had initially refused to take his body and only relented after they were promised a compensation of Rs 5 lakh and a job for his widow by the district administration. His father had also alleged police harassment after Pawan’s death.

Mevani welcomed with Sec 144
Mevani arrived with a fact finding team comprising Nikhil Dey, Kailash Meena, Rashid Hussein, Navin Narayan, Sanjay Madhav, Gaurav, Kamal Tank, Rahul, Anwar Haque, Dharmendra and others to ascertain whether the police acted with impunity and brutality to crush a Dalit uprising. Early on Sunday morning Jagdish Prasad Gaud, the Sub Divisional Magistrate, Neem Ka Thana issued a circular ordering the imposition of Section 144 categorically stating that Jignesh Mevani’s presence in the state could prove to be problematic and lead to a law and order problem.

The circular says, “It has been learnt from special sources that MLA Jignesh Mevani and PUCL’s Kavita Shrivastav are planning to hold a meeting of people belonging to various SC and ST communities. Bearing this in mind along with the previous violence in the region on April 2, we fear a law and order problem.”

It goes on to impose Sec 144 that prevents assembly of people in groups from 6am to mid-night on Sunday May 13. The entire circular may be viewed here:

Mevani meets Dalit Families
However, this did not stop Mevani from either meeting Dalit families or finding out more about instances of police brutality. A widow Kailash Devi narrated how the police physically assaulted her. “They beat me with lathis. They were not female police personnel. All were men. One of them put a gun to my jaw and a boot to my chest and only let me go when I begged for my children’s life,” she told Mevani.

Speaking to media persons, Mevani accused the police of lodging false cases against Dalits and incarcerating them. He also accused the state government of suppressing the Dalit community. “There were no extraordinary circumstances to warrant police firing. But their attitude is such that they view Dalit lives as less valuable and therefore expendable,” said Mevani.
Mevani also garlanded a statue of Dr B.R Ambedkar in full public view in defiance of the prohibitory orders. Here are a few pictures from Mevani’s visit.

Interestingly, on his last visit to the state Mevani had been turned away from the airport itself. This shows how the newly minted independent MLA is already a thorn in the side of the powerful ruling disposition.

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Acquitted After Conviction: RTI Activists Nikil Dev, Naurti Bai & Others

Thu, 03 Aug 2017 11:06:30 +0000

Social Activists Nikhil Dey, Naurti Bai, Ram Karan, and Chotu Lal are acquitted in the RTI case in Harmara following a conviction of trespass and causing hurt .

Image: Tehelka

One month after their conviction on charges of criminal trespass and causing simple hurt in the 19 year old RTI – related Harmara case, Nikhil Dey,Naurti Bai, Ram Karan and Chotu Lal, have been acquitted through an order of the ADJ court in Kishangarh;compounding the offence under section 320 of the CrPC while setting aside their conviction by the lower court.

As the four RTI activists filed their appeal against their conviction, in the Court of the ADJ in Kishangarh, the complainantsapproached them, offering to withdraw the case. Thecomplainantsstated that they wanted to compound the case to put an end to a continual and unnecessary dispute. Theformal application, signed by the complainantswas to be placed in the ADJ court, requesting the withdrawal and the “compounding” under section 320 of the CRPC; (deemed acquittal) of the case. The application stated that since no dispute or issue existed any longer, the two affected persons Omprakash and Manisha,(brother and niece of the erstwhile Sarpanch) would in the interest of putting an end to continued animosity and dispute, and withdraw the case to conclude the matter.

The formal application was signed in the presence of theADJ jointly by the appellants and the complainants;and accepted under section 320 of the Criminal Procedure Code( CrPC). Accordingly an order was passed acquitting the accused (copies enclosed) based on the signed agreement (rajinama) . The two separate ordersof the ADJ set aside the conviction of NikhilDey, Naurti Bai, Ramkaran and Chotu Lal acquitting them from all charges under sections 451 and 323 of the IPC. The Court passed orders on 12th July 2017. Copies of court orders were received in the last week of July, 2017.

For the MKSS and the RTI community this has come as a relief from a 19 year longtrial- and a conviction. Both the process of the trial, and the conviction was a regrettable miscarriage of justice. (See earlier press note attached). We saw our continued effort to prove our innocence of both motives and action as part of our struggle for ethics and justice, andwere confident that this casewould end in an acquittal. This entire sequence of events has unraveled and reinforced the understanding of how such cases can be used as weapons of attrition to harass activists and distract them from their essential work of fighting corruption, and demanding justice for marginalized and oppressed communities.

Reactions of the activists:

“We are extremely grateful for the steady and unstinting support from friends and fellow activists, following the conviction. Eventually, in issues of
public concern, apart from the individuals concerned, the people of the area, and society knows where the truth really lies. Therefore, the mutual end to hostilities is an assurance that resolutions may also lie in non-judicial processes, in this long struggle against corruption and arbitrary use of power by vested interests.

This long experience has made us even more determined to continue with our efforts to make sure that human rights and civil rights activists, RTI users, whistleblowers etc receive solidarity and support. The concern will have to be addressed especially through the setting up of institutional mechanisms. This will have to be supported by civil society groups to monitor and expose misuse of power, particularly the failure of executive structures to guarantee the rule of law, which will continue to be an ongoing concern.”

Naurti Bai, Nikhil Dey , Ram Karan and Chotu Lal

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Conviction of Activsts Fighting Corruption with RTI is Miscarriage of Justice: Aruna Roy, MKSS

Wed, 14 Jun 2017 05:21:21 +0000

The conviction of five activists of the MKSS–Nikhil Dey, Maruti, Ram Karan, Babulal and Chotu Lal Malakar– has been received with shock and dismay. The judgment of the Munsif Magistrate Court, Kishengarh, Ajmer convicting senior activists has been stayed allowing them to appeal. The conviction is of trespass and simple hurt under sections 323 and 451 of the IPC. The judgment comes on June 13, 2017 in an incident which took place on 6th of May 1998.

The decision of the court pertains to an incident which occurred when the RTI activists made a demand for information from the local Sarpanch in response to large number of complaints of corruption in development works in Harmara Panchayat. The corruption allegations were against Sarpanch – Pyarelal – a liquour contractor of the village. These included payments for toilets, Indira Awaas houses, and labour payments for development works, that had not been made to the beneficiaries.

This case is yet another reminder of the backlash and attack that RTI activists consistently face when challenging entrenched centers of power.

On May 6. 1998, the activists went to ask for information from the Sarpanch of Harmara, carrying with them a letter from the BDO. Since his office was usually closed during working hours, the activists went to his house to deliver the letter from the BDO. It is then that the Sarpanch came out of his house and physically assaulted the activists present.

Despite this violence, the MKSS activists decided not to file an FIR, thinking that Right to Information cannot depend on police cases, and that it had to depend on dialogue with the Sarpanch and the exercise of a legal right under the Panchayati Raj Act. However, on the same day, Aruna Roy of the MKSS wrote to the Collector noting the incident and asking that the Collector to ensure that information would be given by the Sarpanch. (The letter is attached).

On the May 8, the Sarpanch filed an FIR accusing the activists of assaulting him. On the same day Naurti, disturbed by his slurs and violence towards her, had also filed a case against him under the SC/ST Prevention of Atrocities Act.

The case filed by the Sarpanch was closed on the June 30, 1998 and for several years, nothing happened. On July 5 2001, the very same case was revived once again. Since then the case has carried on with the Sarpanch producing false witness, after false witness.

On the May 6, 1998 when the activists were assaulted for asking the Sarpanch for information, there was no one there apart from them and the Sarpanch and his immediate family members. The FIR lodged by his brother Om Prakash, claims he was not present.

On June 13, 19 years after the FIR was filed, Nikhil, Naurti, Ram Karan. Babulal and Chotu Lal have been convicted in an utterly false case filed by the a corrupt powerful Sarpanch who misused his influence and power and who had himself physically assaulted them for demanding information in a case where the activists were fighting for the rights of the poor, through means that were completely within the ambit of the law. The process of this case that has continued for almost two decades, and the final decision, is a body blow to the effort of citizens to fight corruption and stand up for the rights of the citizen. It is a clear case of miscarriage of justice.

The MKSS though doyen Aruna Roy has said that they are deeply disappointed by the verdict.

The sentence has been suspended pending an appeal to be filed by the four activists in the ADJ Court of Kishengarh. The MKSS will leave no stone unturned to bring out the whole truth of this case, and along with the transparency and accountability movement in the country, will not allow vested interests to misuse the law to suppress the voice of people demanding transparency, and demands for justice by the poor.

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