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Jagrut Adivasi Dalit Sangathan's (JADS) activist Nitin Varghese was arrested on August 28 in Burhanpur, Madhya Pradesh. This action has been taken by the police in connection to an incident that took place in March this year. According to the information, on March 2, the Forest Range Office was attacked by some tribals of Gwarkheda of Burhanpur. Next, a case has been registered by the police against Nitin under Section 120 (B) (criminal conspiracy). Nitin has been accused of inciting tribals to attack the forest department. It is worth mentioning that earlier a notice was issued against another leader of the organization.
Talking to Ground Report, Madhuri of Jagrut Adivasi Dalit Sangathan says,
“Since the year 2019, we have been working in Burhanpur to make tribals aware of forest rights. This has created a grudge and animosity against the organization in the administration. Hence, these actions have been taken.”
What is the whole matter?
As mentioned before, Nitin Varghese is accused of instigating the tribals to attack the forest guard, and then absconding. Forest guard Mantosh Kalam, one of the complainant of the alleged 2nd March attack, tells Ground Report that,
"On that day, we arrived at the range office with four individuals in custody due to their involvement in forest crime. However, a significant number of people from the village later arrived at the range office and launched an attack on us, managing to rescue their comrades and escape with them. After that we proceeded to the police station where we registered the case."
This incident took place in Gwarkheda of Burhanpur. Describing this entire incident, Jam Singh, a resident of this village, says,
“When we were working in our fields during the day, the moneylenders came to us. They asked us for proof (documents) that the farm was ours. We said that we do not have evidence yet. Then he said to bring the evidence to the Panchayat tomorrow. We agreed to his request and said that tomorrow we would bring an Aadhaar card etc. But the same day in the evening they came and took away two women and two men.”
This statement of Jamsingh is also confirmed by Runjalibai, another resident of the village. When asked about that day, she repeats the same details. The Nakadar (forest guard) asked him for proof that the land was his and questions related to farming. she says,
“We told the forest guard that we are not doing farming on any new land. They are farming on their old land only, on which our forefathers have been farming.”
The people of the village say that that night when they reached the range office in search of their comrades, they were not allowed to meet them. Runjalibai says that when she asked the forest guards where their men were, the forest guards instead questioned them and asked, “Where are your men? We haven't brought anyone." Then, “We (villagers) told him that you have brought him in front of us. After this, they lathi-charged us, in response to which we became violent.” Runjalibai tells.
The tribals of this village admit to rescuing their comrades through violence. Shortly after the above-mentioned incident, the police registered a case against 36 people and arrested them. It is alleged that during this period the tribals arrested by the police were beaten up. Runjalibai remembers that night,
“They started beating us in the police station. He would beat us, then give us medicine for pain and then beat us again.... In this way, we were beaten the whole night.”
Reason behind Nitin's arrest
In favour of registering a case and arresting Nitin, the administration has argued that evidence of calls from the number of the attackers has been found in Vargish's phone. Antram Awase, another JADS activist, was present with him that evening. He says, “Nitin and I had received a call from the villagers from Gwarkheda. They told us that the forest department people have taken 4 people. We told them that the villagers should find out where they have taken them and if they do not find out, file a complaint with the police.” Awase further says that after this Nitin first called the collector. The collector asked Nitin to talk to the DFO. “After finding out, the DFO told us that the arrested people will be released after completing some paperwork.” Awase further says,
"The administration is falsely accusing Nitin of inciting the villagers to attack, whereas our only interaction with the villagers was to discuss the concern of individuals being taken from the village."
Awase says that if talking to people is the basis to prove a crime then the Collector and DFO should be made accused.
How much truth is there in the matter of Nitin absconding?
JADS leader Madhuri said that Nitin was earlier called to Lal Bagh police station to record his statement in this case. He reached here both times and tried to get his statement recorded. However according to Madhuri, “Both the times, Nitin's statement was not recorded due to some reason or the other.” She further says that she came to know about her being declared absconding at the end of July.
“When the statement was not recorded twice, Nitin was told that the police would inform him about the next date. But in the meantime, no attempt was made by the police to contact him.”
In fact, one day suddenly a notice of absconding is found in the form of a folded paper in the letterbox of one of Nitin's relatives' house. “This notice is dated June 31, whereas 10 days before this, on June 20, Nitin had gone to Nepanagar police station in another case. Has anyone been declared absconding in 10 days?” Madhuri questions the notice. She further added that, recently Nitin's sister had died due to a fatal disease. During this time, he had gone to his home to perform the last rites of his sister. “Apart from this, Nitin has always been in front of the people and administration in Burhanpur,” Madhuri says.
Concern about Nitin's health
It is noteworthy that Nitin's sister had a fatal disease called Lupus. Nitin himself is suffering from this disease and due to this he has been on bed rest in the past few days. This is an inflammatory disease in which the victim's immune system starts working against his own body, due to which any kind of infection can prove dangerous for him.
In such a situation, Nitin's family and friends also expressed concern about his condition in jail.
“Nitin is currently kept in Khandwa jail which is filled beyond its capacity. We have also informed the court about Nitin's illness and have also presented the medical certificate. But this has not been taken into consideration yet.” Madhuri tells.
Police side
Ground Report contacted Burhanpur SP Devendra Patidar for more information on this matter. In a phone conversation, he said that due to Nitin's absconding, this action has been taken under Section 120 (B). Significantly, there is no mention of Nitin anywhere in the FIR lodged with the police on March 2. When asked about this, SP Patidar says that this section has been registered later in the episode. After this, we could not talk to him further saying that he was busy.
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