To,
Director General of Police,
Govt. of Chhattisgarh,
Raipur, Chhattisgarh
Sub: Unlawful Detentions and Extra-Judicial Killings in Bijapur District – Seeking Immediate Release of all detenus and impartial inquiry – Reg
Sir,
We the undersigned, as members of a national collective of lawyers, law students, law professors, and other legal professionals, called National Alliance for Justice, Accountability and Rights (NAJAR) write to express serious concern regarding recent actions by security forces in Bijapur District, Chhattisgarh, on 8th Nov, 2024. The mass detention of individuals, including prominent activists, as well as reported killings, raises grave concerns about due process, excessive use of force, and adherence to legal standards.
On 8th November, eight prominent members of the Moolvasi Bachao Manch (MBM), a grassroots organization advocating for Adivasi rights, were detained by joint forces in Gundiraguda village. These activists—identified as Arjun Sodhi, Muiya Hemla, Ganesh Kattam, Nanda Podium, Bhima Kunjam, Joga Midiyam, Jagdish Mandavi, and Nagesh Badse—were taken into custody without notification to their families or the issuance of any formal notice, a requirement under the law.
The operation extended to nine surrounding villages, with security forces reportedly detaining at least 44 additional individuals from Marudbaka, Rekhapalli, Tumirguda, Singanpalli, and Kamlapur. Several detainees were released on 11th Nov – three days after their initial detention – leaving 25 individuals still in custody, including seven MBM activists. Police officials have claimed that these detentions were for “interrogation purposes,” with assurances that the remaining detainees might be released subsequently.
However, no notice under Section 41A of the CrPC/ Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), as mandated for questioning when immediate detention is not necessary, was issued. The continued detention of these individuals beyond the legally permissible period without release or production before a Magistrate within twenty-four hours constitutes a gross violation of their fundamental rights and amounts to illegal detention under Indian law. Article 22 of the Constitution mandates that any person detained must be produced before a Magistrate within 24 hours, a requirement echoed in Section 57 of the CrPC/ Section 56 of the BNSS.
Moreover, families have reported being denied information about the detainees’ whereabouts and have been refused visitation access, in blatant violation of the Supreme Court’s guidelines in D.K. Basu v. State of West Bengal and Section 48 of the BNSS. This landmark ruling established that at least one relative or friend of an arrested person must be informed of their detention or arrest. The refusal to grant family access not only compounds the illegality of these detentions but also inflicts psychological harm on both the detainees and their families.
Tragically, two young, unarmed villagers, Hidma Podiam (a minor, about 16 years old) from Marudbaka and Joga Kunjam (approximately 20 years old) from Rekhapalli, were reportedly killed during the operation. According to eyewitness accounts from villagers, who were hiding nearby, both youths were pulled out from their homes and shot in cold blood. The shocking and calculated nature of these killings underscores the extreme nature of the security forces’ actions and raises urgent concerns regarding breaches of protocol prohibiting the use of lethal force against civilians. Furthermore, we note with immense sorrow that while Hidma was a minor young boy, Joga Kunjam was the father of six small children, who are now left without a provider.
It is also imperative to highlight that some of the detained individuals are well-known activists within the Moolvasi Bachao Manch, advocating for Adivasi rights, environmental protections, and land rights. Their detention without legal procedures or formal charges reflects a troubling trend of state action aimed at silencing voices of dissent and criminalizing lawful activism. Such actions undermine constitutionally protected rights to freedom of speech, association, and peaceful assembly.
In light of these serious procedural irregularities and rights violations, we respectfully submit the following urgent demands:
- We call for the immediate release of the 25 individuals still in custody, as continued detention without legal justification breaches their fundamental rights.
- We urge that the families of the detainees be informed of their locations and be granted visitation rights, as required under law, ensuring transparency and humane treatment.
- We demand a thorough, impartial inquiry into the unlawful killings of Hidma Podiam and Joga Kunjam and a comprehensive investigation into the mass detentions conducted on 7th – 8th November. This inquiry must be conducted by an independent authority to ensure credibility and uphold justice and the rule of law as per the guidelines of the Supreme Court in PUCL v. Union of India.
As the Director General of Police in Chhattisgarh, we expect and trust that you will uphold the rule of law and ensure that the actions of security forces remain within constitutional and legal bounds. We request your immediate attention to these urgent concerns in order to restore public trust in law enforcement’s commitment to justice and human rights.
Yours sincerely,
Endorsed on behalf of National Alliance for Justice, Accountability, and Rights (NAJAR)
1. Indira Unninayar (Lawyer, Supreme Court and Delhi High Court)
2. Priyasha Sinha (Law Student, Telangana)
3. Bhargav Oza (Law student and labour researcher, Ahmedabad)
4. Mohd Kumail Haider (Advocate, High Court of Judicature at Allahabad Lucknow Bench Member, Oudh Bar Association)
5. Swastika Chowdhury (Advocate, Calcutta High Court)
6. Rishav Sharma (Legal Practitioner, Delhi)
7. Mandakini (Lawyer, Hyderabad)
8. Ritesh (Advocate, Delhi)
9. Deeptangshu (Advocate, Kolkata)
10. Anupradha Singh (Advocate, Delhi)
11. Vertika Mani (Lawyer, Delhi)
12. Diya Elizabeth Prakash (Law Student, Sonipat)
13. Adv. Dr. Shalu Nigam (Lawyer and researcher, Delhi)
14. Pratik (Lawyer, Delhi NCR)
15. Sahana Manjesh (Advocate, Bombay)
16. Lekshmi Sujatha (Lawyer, Delhi)
17. Meera Sanghamitra (Law Graduate, Social Activist, Telangana)
18. Sara (Professor and Law Graduate, Chennai)
19. Arundhati Dhuru (Law Researcher, Activist, Lucknow)
20. Vanshika Mohta (Lawyer, Delhi)
21. Hananya Sunderraj (Law Researcher, Delhi)
22. Kavin Castro (Advocate, Chennai)
23. Prannv Dhawan (Advocate, Delhi)
24. Deependra (Law student, Madhya Pradesh)
25. Amala (Advocate, Delhi)
26. Saumya Maheshwari (Researcher, Delhi)
27. Ishwarya (Advocate, Chennai)
28. Ameya (Researcher, Bangalore)
29. Samaa (Law Student, Chhattisgarh)
30. Priyanka (Advocate, Lucknow)
31. Muhmina (Lawyer, Kerala)
32. Taniya Laskar (Advocate, Assam)
33. Sushravya (Advocate, Bangalore)
34. Shridevi (Advocate, Mumbai)
35. Ninni Susan Thomas (Advocate, Delhi)
36. Archit Krishna (Advocate, Delhi)
37. Naveen Gautam (Lawyer & Trainer, New Delhi)
38. Radhika Chitkara (Assistant Professor of Law, Bangalore)
39. Nikita Agarwal (Advocate, Delhi)
40. Raksha Awasya (Advocate, New Delhi)
41. Khalil-ur-Rehaman (Law student, Dharwad, Karnataka)
42. Sarthak Tomar (Lawyer, Bhopal)
43. Ebo Mili (Advocate, Itanagar, Arunachal Pradesh
Copy to:
- Chief Secretary, Chhattisgarh, for necessary attention and action
- Inspector General of Police, Bastar Range, for necessary attention and action
Issued by NAJAR: National Alliance for Justice, Accountability & Rights
Write to [email protected] for details
