‘Supreme Court Must Make Policy on When it Can be Approached’: Sibal on Hemant Soren’s Plea 

On February 2, the Supreme Court directed Soren through his counsel to approach the Jharkhand high court.

New Delhi: After the Supreme Court on Friday refused to entertain former Jharkhand chief minister Hemant Soren’s plea challenging his arrest and directed him to approach the Jharkhand high court, his counsel Kapil Sibal has said that the apex court must clarify the matters in which it can be approached.

Addressing a press conference on Saturday (February 3), Sibal who is a Rajya Sabha MP and a senior advocate in the Supreme Court, said that the apex court must inform the public of its policy of admitting pleas. “We should be informed by the court that which are the matters in which we can approach the Supreme Court and in which matters we should not. Because we don’t know if we file such a plea whether the Supreme Court will admit it or not,” said Sibal

A Supreme Court bench of Justices Sanjiv Khanna, M.M. Sundresh, and Bela M. Trivedi on February 2, directed Soren’s writ petition to be moved in the Jharkhand high court and asked Sibal, who is Soren’s counsel, as to why the matter cannot be heard by the lower court.

“First, courts are open to everybody. Second, high courts are constitutional courts. If we permit one person to come here, we will have to allow everyone,” Justice Khanna was quoted as saying by LiveLaw.

Soren’s plea came up after a bench led by Chief Justice D.Y. Chandrachud on Thursday had agreed to list the chief minister’s petition on Friday.

Soren had filed a petition in the Jharkhand high court challenging the ED arrest but when he filed a similar petition at the Supreme Court, Sibal undertook that he would withdraw the high court petition.

Referring to Article 32 of the Indian constitution which states that individuals have the right to approach the Supreme Court seeking enforcement of other fundamental rights recognised by the constitution, Sibal said that the apex court must make a policy under which the public should know when to approach the court.

“I think there would hardly have been any such instance in the history of India when a sitting chief minister is arrested and that is also not deserving to be heard under Article 32. It would have been different if the Supreme Court had heard us and then, after hearing it, said ‘we don’t want to interfere and go to the high court’. But to tell us first that we should go to high court without hearing…” he said.

Hitting out at the Bharatiya Janata Party (BJP)-led Union government, Sibal said that the aim is to ensure that there is no opposition chief minister in any state.

“They will do this against [Delhi chief minister Arvind] Kejriwal. They want only double-engine governments and no opposition government. Now, what will happen is that 10 more cases will be slapped on Hemant Soren while in custody. All of them made-up cases, so that he does not come out of jail and which will benefit the BJP in the Lok Sabha elections,” he said.

Arrested in an alleged land scam case, Soren stepped down as chief minister late on January 31. While leaders of his party, the Jharkhand Janmukti Morcha, have noted the timing of the arrest – just before the general elections – and called it a brazen act of political vendetta, Soren had expressed fear that his arrest may allow the Union government to impose president’s rule in the state. He has also invoked the SC/ST (Prevention of Atrocities) Act against ED officers for allegedly harassing him.

Sibal said that the matter relates to 2007, but the arrest took place in 2024. “If we don’t go to the Supreme Court, where will we go? What is happening in the country? What kind of politics is this?” he asked.

 

Jharkhand CM Hemant Soren Writes to Modi Seeking Recognition of Sarna Religious Code in Census

A separate column for the tribal population to identify their faith existed in the 1871-1951 census surveys but it was later removed.

New Delhi: Jharkhand chief minister Hemant Soren wrote to Prime Minister Narendra Modi on Tuesday (September 26) requesting for the inclusion of a separate tribal religious code ‘Sarna’ in the census, the Telegraph reported.

A majority of Jharkhand’s tribal community are Sarna followers and worship nature. They have been fighting for a separate religious identity in India for decades and have staged agitations in Delhi and other parts of the country over the last few years.

While highlighting the declining population of tribals in Jharkhand from 38% to 26% over the past eight decades in his letter, Soren wrote: “The culture, worship method, ideals and beliefs of the Sarna religion are different from all the prevalent religions. The concern of protecting the traditional religious existence of tribals based on nature is certainly a serious question. The demand for tribal/Sarna religious code is being raised so that this nature-worshipping tribal community can be confident about its identity.”

In 2020, the Jharkhand state assembly had passed a resolution in a special session demanding the Sarna religious code to be included in the census and submitted it to the Union government. But no decision has been taken by the BJP-led government in this regard, the Telegraph report said.

Soren, who is leading a Jharkhand Mukti Morcha (JMM)-Congress-Rashtriya Janata Dal (RJD) coalition government in the state, and is a member of the newly formed Opposition alliance INDIA bloc, also pointed out that not only Jharkhand but the tribal community of the entire country has been struggling for the last several years to protect their religious existence, the Telegraph reported.

“When the demand for a Uniform Civil Code is being raised by some organisations, a positive initiative on this demand of the tribal/Sarna community is absolutely necessary for their protection. You are aware that there are many such groups in the tribal community which are on the verge of extinction and if they are not protected on the principle of social justice, then their existence along with their language and culture will also come to an end,” the letter said.

He also mentioned how a separate column for the tribal population to identify their faith existed in the 1871-1951 census surveys. While it was later removed, the tribal community was able to assert their religion through the ‘Others’ category which remained separate from the six identified religions. However, that too was removed in 2016, Down to Earth reported

Tribal rights organisations have also opposed the Union government’s move to drop the option of ‘Others’ from the religion section of the census. They claim that Sarna adherents would be forced to either skip the column or declare themselves members of one of the six specified religions: Hindu, Muslim, Christian, Buddhist, Jain or Sikh, the Telegraph report said.

“I am proud to be a tribal and being a tribal chief minister, I humbly request you in the interest of the tribals not only of Jharkhand but of the entire country that you agree to the long-awaited demand of the tribals for the Sarna religious code and take a positive decision as soon as possible,” Soren’s letter said.

Jharkhand Police Arrests Independent Journalist Under Same FIR as Top Maoist Leader

While journalist Rupesh Kumar Singh has been charged with various sections of the UAPA and IPC, his family alleges that his “pro people” reportage has made him a target of the government.

Patna: Jharkhand police, on July 17, arrested Jharkhand-based independent journalist Rupesh Kumar Singh and charged him under Unlawful Activities (Prevention) Act (UAPA) as well as the Indian Penal Code (IPC).

According to his family members, Saraikela Kharsawan district police searched Singh’s house in Ramgarh for over nine hours before arresting him. Singh’s wife, Ipsa Shatakshi, told The Wire, “The police force knocked on our door at 5:25 in the morning and served us a search warrant. We cooperated with them.” 

The 10-member search team of the police was headed by deputy superintendent of police (HQ) Chandan Kumar Vats.

“The two lady police searched our kitchen. They checked if there were suspicious things in the rice, flour etc.,” Shatakshi said.

“Police searched for nine hours but didn’t disclose that they had an arrest warrant, too. Only five minutes before the arrest, the police showed us the warrant,” she alleged.

Police serving search notice to Rupesh Kumar Singh. Photo: Special arrangement

According to the warrant, Singh was arrested in the connection first information report (FIR) no 67/21 of the Kandra police station.

FIR 67/21

FIR no 67/21 is the same FIR under which Prashanth Bose (alias Kishan Da), one of the top leaders of the CPI (Maoists); his wife, Sheela Marandi; Gurucharan Bodra; Raju Tudu (alias Nikhil, Bapu); Krishna Bahangda (alias Heven); and Birendra Hansda (alias Jitendra) were arrested in November, 2021. 

Also read: Jharkhand Police Arrests Top Maoist Leader Carrying Bounty of Rs 1 Crore

All of the above were charged under IPC Sections 420, 467, 468 and 471; Sections 10 and 13 of Unlawful Activities (Prevention) Act; and Section 17 of the Criminal Law (Amendment) Act.

While they were wanted in a variety of cases, the police did not disclose the specific cases in which they were arrested. When The Wire tried to search for the FIR online, the portal denied access to a copy of the FIR, saying ‘the case is sensitive.’

Bose is known to be a top Maoist leader and had been operating from the Saranda forests in Jharkhand. He was named as an accused in the murder of MP Sunil Mahto and Ramesh Singh Munda around 15 years ago.

All sections, including those of the UAPA, which have been invoked against Singh are similar to those slapped on Bose and the other accused.  

From Singh’s house, the police seized a bed sheet, a nine-page notebook, a tax invoice for a motorcycle, two mobile phones, one hard-disk, the retail invoice of a car and two laptops.

“They searched for a few hours normally. We were with them when suddenly, a call came and after that, they sent us outside the house and locked the door from the inside,” Shatakshi claimed. “They searched for around half an hour this way.” 

She also mentioned peculiar behaviour on the part of DSP Vats, who was leading the search operation. “We had kept the trunk covered with an old bed sheet. The DSP told us he liked the bedsheet so he will take it with him. We were surprised, but allowed it.”

Police seizing the bedsheet. Photo: Special arrangement.

The Wire called the superintendent of police (SP), Saraikela Kharsawan and the SP (HQ), but they didn’t respond. This story will be updated as and when they reply.

Also read: Maoist Prashanta Bose: The Last of the First-Generation Naxals

Who is Rupesh Kumar Singh?

Singh (37) has been working as an independent journalist since 2012, writing on Adivasi issues in various media platforms. During his college days in Bhagalpur, he was associated with the student wing of the CPI (Leninist). In 2014, he married Shatakshi and moved to Ramgarh. 

Singh was arrested by Gaya Police in June, 2019 for alleged connections with Maoists. Police had claimed that gelatin sticks and other explosive materials were recovered from his car. At that time, too, he was charged under various sections of the IPC as well as the UAPA. 

Both Singh and Shatakshi have claimed that the police’s account was false and that they had planted explosive materials in his car in order to frame him.

Since the Gaya Police failed to file a chargesheet in the case against him, he was granted bail in December, 2019. The case had been at a stand-still since.

Singh a potential target of Pegasus 

The Wire, in the Pegasus Project, a global investigation into Israeli spyware Pegasus, had found three mobile numbers belonging to Singh on the list of potential targets for surveillance.

At the time, Singh had told The Wire that he suspected that his phones were being tapped as he observed suspicious disturbances when talking to anybody.

Singh and Shatakshi had even filed a petition in the Supreme Court seeking directions to the Union government to put forward materials “with respect to all investigation, authorisation and/or order(s) pertaining to the use of Pegasus on the petitioner”.

Also read: ‘Not Surprised But Offended At Invasion Of Privacy’: Jharkhand Journalist On Pegasus List

Shatakshi alleged that Singh’s pro-people writing has made the government uncomfortable and that is why he was being targeted. “He had recently visited Giridih and reported on how industrial pollution has made local people’s life miserable,” she said.

“He tweeted a video of a local girl who has developed a tumour and is unable even to move,” she continued. “The video had gone viral. Some doctors and (actor) Sonu Sood’s team reacted to the tweet and offered help to the girl.”

Is the government afraid that Rupesh is becoming a hero by raising peoples issues, and the government is becoming a villain? Or is the government afraid because he had filed a case about Pegasus in the Supreme Court?” she asked.

“We appeal to all justice-loving citizens to raise their voice against his arrest,” she said.

 

In Jharkhand’s Khunti, Children Lose Out as Schools Become Security Camps

Many schools have been taken over by the security forces to establish camps that are meant to keep a check on ‘extremist groups’.

The victory of the Hemant Soren-led gathbandhan in the Jharkhand 2019 assembly elections is backed by immense expectations from the Adivasis who have been disappointed by the BJP government under Raghubar Das. The newly formed government has shown some commitment to pre-election promises. Among its first decisions was the dropping of all charges related to the Pathalgadi agitation of 2017-18. This marks a huge victory for the Adivasis, particularly in the Khunti district of Jharkhand, where over 10,000 Adivasis – named and unnamed – slapped with several charges including sedition lived under the constant fear of being harassed by the police and administration.

Pathalgadi is a Munda tradition of erecting stone slabs in honour of ancestors or loved ones, to announce important decisions or to simply mark the boundaries of a village. According to sociologist Virginius Xaxa, the practice was in fact started by former IAS and IPS officers B.D. Sharma and Bandi Oraon respectively, to educate the Adivasis about the provisions of the Panchayat Extension to Scheduled Areas (PESA) Act.

The practise took the form of a movement in 2017 when several villages started to erect stone slabs painted in green and with provisions of the Fifth Schedule of the Constitution, the PESA Act and judicial orders. Using the Pathalgadi movement, tribal villagers asserted their right to self-rule and autonomy to follow traditional means of governance. The state reacted with severe repression and violence, using armed forces for raids and arrests of the people.

A Pathal erected outside a village in Arki, Khunti. Photo: Varsha Poddar

The Jharkhand government’s website says that Khunti is an educationally backward district, adding that the Munda tribe, its major inhabitants, have long been excluded from the education system. The literacy rate is 63.86% and female literacy is lower, at 53.69%.

Despite this, security camps have been stationed in several schools of Khunti due to which education has taken a different shape. Despite being a 5th schedule area, none of these camps were set up with the prior consent or even in consultation with the Gram Sabha. On the other hand, some Gram Sabhas opposed the setting up of police camps, and in Kochang, villagers were coerced to permit it to be set up. In these places, either the security camps have been constructed alongside a running school, or a school has been shut to make space for the camp.

Some of these camps, according to the security forces, were established to keep a check on the presence of extremist groups. The problem of stationing security camps in school goes beyond Pathalgadi and is used by the governments in various states. Para 18 of the Supreme Court judgment in Nandani Sundar and others vs. State of Chhattisgarh (2011) reads:

“….it is necessary to note here that this court has to intercede and order the State of Chhattisgarh to get the security forces to vacate the schools and hostel they have occupied; and even after such order many schools and hostels still remain in the possession and occupancy of the security forces. Such is the degree of degradation of life and society. Fact speaks for themselves. [emphasis added]”

According to a letter written to the National Commission for the Protection of Child Rights (NCPCR) by two organisations, there are eight such schools in Khunti and one in West Sigbhum where security forces have been stationed – some as a reaction to Pathalgadi, while others to check extremism.

Also Read: After Gruesome Killings, Jharkhand’s Pathalgadi Movement Under Scrutiny Again

One of these, is the erstwhile Birsa School (near Kitahatu village of Arki block) which was given to a ‘swami’ by the Gram Panchayat for an English medium school. He took over the place in 2011 but as years passed, the school’s performance declined. After being closed for six months, since May 2018 it hosts security installations like police vehicles, armed officers at the gate and a police station inside the school. The classrooms have been converted to dormitories and the stench of alcohol fills the place. Ironically, the thana came up when the villagers demanded a high school. According to the police, the thana was established due to high crime rate, to which a villager responded, “Crime is high because of illiteracy. If you close down schools, how will crime reduce?”

In Arki block, an SSB camp was established in 2011, to allegedly check extremist movement, alongside a residential school in Hunth. The police regularly interact with the school and often conduct security drills on the playground. Most primary school children said they were scared because of the presence of police. One is left to question what impact this will have on the child’s psychology, especially in a residential school. In another village, Birbanki, where the literacy rate is only 31% (23% for women), the only high school was closed to establish a CRPF camp, after an IED blast was carried out by extremist groups.

School now converted to a security camp in Birbanki. Photo: Varsha Poddar

In yet another instance, a functioning school in Kochang, Arki was closed in 2018 to set up a CRPF camp in response to the Pathalgadi movement. The administration claimed that this school was merged with another school. However, according to the fact-finding report of Jharkhand Janadhikar Mahasabha – a civil society network, there was no consultation process with the Gram Sabha or the SMC before the establishment of the police camp or the merger of the school. The report says the merger happened only after the camp was established.

Also Read: In This Jharkhand Village, No One Can Come or Go Without the Army’s Permission

Similar situations persist in other villages, where security camps have been established in schools. During the Pathalgadi Movement, a boycott of government schools was announced because of the poor quality of education and their negligence of Adivasi history and culture. Instead of trying to improve them, the government used it as an opportunity to establish more security camps.

Security camp at Kochang. Photo: Jharkhand Janadhikar Mahasabha

In another shocking instance, two schools were merged into a school in Korwa, Arki. The campus now functions alongside a CRPF camp. Under the school merger project, the government hired a multinational private consultancy firm to recommend the merger of neighbourhood schools. After this merger, only about 15 students from one of the two merged schools enrolled here while none from the other school. However, when asked if one could meet the children who came from the closed school, the teacher said it was not possible.

On the day of the visit, the gram sabha was held where villagers said that they had protested against the establishment of a police camp. They also said that the security personnel are present everywhere in the jungles because of which women cannot go to the forest. The villagers reported that there were over 300 students in the school earlier, but it has been reduced to no more than 120 (a claim corroborated with the U-DISE data on enrolment).

It is important to ask, how a school alongside a CRPF camp and showing a continuous fall in enrolment rate was chosen for the merger of two other schools. The promise of social and economic mobility that entails education is repudiated by legitimising repressive government actions which fundamentally disregards objectives of traditional Adivasi autonomy, freedom and justice.

Gram sabha at Korwa. Photo: Vivek

In Khunti, signs of exclusion are overtly visible – there was a near absence of women and children in public spaces – a problem that exists because of the presence of hundreds of armed men. It is accentuated by the increasing distance between children and their schools. This exclusion was also reflected in the Lok Sabha elections, where it was reported that due to the fear of security camps and repression by the administration, several villages had declared that they would not vote. In the assembly elections, no political party took cognizance of the establishment of security camps in the schools.

Even as the new government addresses the issue Pathalgadi, there is complete silence on the issue of schools.

Education must be viewed in the context of years of dispossession that the Adivasis have undergone and its importance to the question of Adivasi identity. The presence of armed men, stationed indefinitely, in school campuses violates a child’s Right to Education and creates an atmosphere of fear and intimidation. The security camps must be removed from the schools, immediately. This can mark an important beginning not only for the children of these schools, but also for the people of Khunti.

Varsha Poddar is pursuing M.Phil in studies in Sociology of Education at TISS, Mumbai. The author would like to convey her gratitude to Aloka Kujur and Vivek for helping her with fieldwork. She would also like to thank Siraj Dutta for his comments.