[Reader-list] Fwd: Police Intimidation of Rohit Prajapati, Environmental, Human Rights and Trade Union Activist of Gujarat. Is it a crime to raise peoples' issues? - Rohit Prajapati

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---------- Forwarded message ----------
From: ROHIT PRAJAPATI & TRUPTI SHAH <rohit.prajapati at gmail.com>
Date: 11 October 2011 07:58
Subject: Police Intimidation of Rohit Prajapati, Environmental, Human Rights
and Trade Union Activist of Gujarat. Is it a crime to raise peoples' issues?
- Rohit Prajapati



 Date: 11th October 2011

 *Police Intimidation of Rohit Prajapati, Environmental, Human Rights and
Trade Union Activist of Gujarat.
Is it a crime to raise peoples' issues? - Rohit Prajapati
Letter to the Police Commissioner of Vadodara - *Kindly provide me the
reasons for the repeated questioning by police, whether there are any
allegations or charges, and if so, what these are and if there is an
investigation of any kind, I would like to know the nature of the
investigation. – Rohit Prajapati
 On Sunday, Oct 9th 2011, at around 12.30 p.m., two policemen in
plainclothes (Ajaysinh Gajendrasinh, ASI from LIB branch and Maheshbhai
Prajapati, ASI at JP Police Station, Tandalja, Vadodara, Gujarat) visited my
house. They asked for my phone number, name of my organization, and about my
present ongoing activities. Having nothing to conceal, since our activities
are public, I provided the requested information. Within 5 minutes of their
departure two more policemen in uniform appeared and demanded two passport
size photographs. I responded that I could provide the photographs only if
there was a written request. Within 15 minutes we got a phone call from
(Phone No. 2358132) Mr. Maheshbhai Prajapati requesting me to provide the
two passport size photographs. I repeated that I would require the request
in writing. The letter was provided within 10 minutes (letter no.
5098/2011from JP police station, signed by the station PI). Accordingly I
promptly provided 2 passport size photographs.

This was not* *a case of one day of sudden activity by the police, but the
latest in a series of such enquiries that have been going on for some 2
years – police have visited both our home and the offices of Jyoti
Karmachari Mandal (JKM). The first visit to Jyoti Karmachari Mandal was on
March 7, 2010, followed by a police visit to our home the next day. The
first visit to our home occurred in our absence, and the police questioned
our minor son, who was present at home at that time. The next visit from the
police occurred on 20th April, 2010. There were 2 officers (Mr. Dinesh
Chaudhari, PI, State IB, along with a colleague). They remained for nearly
an hour asking about details of my background, contacts, activities etc.
After a few days they returned to collect copies of my passport. A few
months later a team of the Special Operations Group (SOG) came to my home in
the late evening. Six or seven members of the SOG team barged into my house
and straight away went upstairs. We objected to their entry and demanded to
know their identity and the reason for their “visit”. After that several of
the team left, while three remained to question me. We pointed out that the
same kind of extensive (relevant as well as irrelevant) questions had been
asked and information collected by the police on earlier occasions, to which
they replied that this occasion was different because they were from the
SOG. The SOG members too took copies of my passport. The next police visit
was on the afternoon of 3rd October 2011, involving Mr. Dineshsinh Chauhan
(PI, State IB), Mr. Sureshbhai B. (PI, State IB) and Mr. Pappubhai (IO,
State IB). They spent about 45 minutes getting “updates” on my activities.
One of the matters they questioned me about was my complaint about the
residential complex coming up next to industrial hazardous solid waste sites
in Ahmedabad (Vatva & Naroda). They demanded to know why I was raising
objections against the State Government’s move to amend the law prohibiting
residential construction within 500 metres of hazardous waste sites (to
permit construction within 100 metres of such sites). Mr. Chauhan gave me
his e-mail ID and I even provided him further information by e-mail. Inspite
of this once again on 09-10-2011 police officials came for further
investigation as mentioned above.

In the several visits and questioning by the police, no specific reason has
ever been given for the questioning; the police have always insisted that
these were “merely routine” enquiries. So far, I have cooperated with the
police and provided whatever information or documents they have asked for,
including things like bank account details. My activities in association
with the People’s Union for Civil Liberties, Jyoti Karmachari Mandal and
Paryavaran Suraksha Samiti (Environment Protection organisation, a radical
environmentalist group operating in Gujarat) organizations have been
completely open, legal and public (and in the public interest). I have never
had any reason to conceal any information related to these activities.
However, in the light of repeated visits by the police, with demands for the
same information provided earlier and already available with them, it is now
difficult not to conclude that these repeated visits have any other purpose
than intimidation and harassment. In today’s Gujarat, it appears that
anybody who questions the correctness of government policy or actions, or is
seen in any way to obstruct the purposes of the government, is becoming a
target for intimidation and harassment. Yesterday I have written to the
Police Commissioner requesting to know the reason for the repeated
questioning by police, whether there are any allegations or charges, and if
so, what these are and if there is an investigation of any kind, I would
like to know the nature of the investigation.

*In this connection, I feel I should provide a summary of my public
activities, and present my assessment of why this harassment is being
organised.

*My Recent Activities

As I have written above, I am involved in three organisations – PUCL, JKM,
and PSS.  As a Trotskyist, I have been an internationalist, and have
collaborated with comrades in the Fourth International over trade union,
environment and other issues. In 2002, during the pogrom like atmosphere
created by Hindutva fanatics, I along with other friends played some role in
fighting that. As a matter of principle, we decided to stay on in Tandalja,
resisting the attempt to turn it into a purely Muslim ghetto. We campaigned
for the restoration of peace. We brought out, through PUCL, a comprehensive
report of the Gujarat Carnage. We campaigned over the Best Bakery case. We
also collaborated in bringing out the first collected documentation in
English about the Gujarat Carnage, *The Genocidal Pogrom in Gujarat: Anatomy
of Indian Fascism*. Though I am also involved in a new organisation, Radical
Socialist, my chosen areas of work have been, in the last half a decade or
more, the three organisations already named.

My work as a trade unionist and my work as an environmental activist have
been intertwined. We believe in the need for environmentally aware trade
unionism, as well as a class approach to the question of environment
protection.  As a result, for a decade and a half, we have been developing
environmental agenda connected to industrial pollution.

We have consistently been raising the issue of industrial pollution in
Gujarat and exposed the industry-Gujarat Government nexus that touts
‘treatment facilities’ as a solution to the problems of hazardous solid
waste, effluent, surface & groundwater contamination. Our position has been
founded on the facts & figures obtained under RTI. Gujarat Pollution Control
Board officials admitted that a lot still has to be achieved in pollution
control.
As treatment facilities were / are not able to meet the Gujarat Pollution
Control Board‘s (GPCB) norms a moratorium on starting of new industries or
expansion of existing industries was declared for the Ankleshwar area on
7-7-2007, and now Ministry of Environment and Forests has extended it up to
31-3-2012. Later on, on 13-1-2010 a moratorium was declared for other areas
like Vatva, Bhavnagar, Junagadh, Vapi, etc. The moratorium was ubsequently
lifted for the Vapi, Bhavnagar, Junagadh area. PSS objected to the lifting
of moratorium for Vapi because treatment facilities of Vapi are still not
able to meet the GPCB norms. Today the moratorium for Vatva, Ankleshwar is
extended till 31-3-2011. This has stalled the projected huge investment in
these areas of Gujarat. However, we believe that as responsible citizens, we
are not and cannot be concerned only with the quantum of investment, but
with what is being invested, what the goal of the investment is, and how it
affects the masses of working people.

On 4-1-2007 Government of Gujarat granted permission to incinerate the
hazardous waste of Union Carbide, Bhopal at Ankleshwar. We opposed it and
also filed an intervention application in the Jabalpur High Court.
Ultimately Government of Gujarat was forced to withdraw its permission by
letter dated 4-10-2008 and now case is pending in the Supreme Court.

A direct outcome of our persistent efforts since 1994 has been GPCB /
Government having to act against Hema Chemicals which was responsible for
illegal dumping of hazardous chromium waste. As per the direction of the
Supreme Court Monitoring Committee the company has been ordered to pay Rs.
17 crores as first instalment towards remediation of the site. GPCB was
constrained to order the confiscation of passport of Hema Chemicals’ owner,
and prohibiting him from disposing of his property etc. The owner’s name has
been flashed across all international airports in India so that he does not
leave the country.

We had also launched a complaint against residential & commercial complexes
coming up in the vicinity of hazardous solid waste sites in Ahmedabad (Vatva
& Naroda) in violation of GPCB notification on industrial hazardous solid
waste and The Hazardous Waste (Management & Handling) Rules, 1989.
Now we are given to understand that Forest & Environment Department and
Urban Development and Urban Housing Department of Government of Gujarat have
decided to modify the CPCB & GPCB guideline and norms – which require 500
meters distance from TSDFs & CETPs for the residential complexes – and
reduce it to 100 meters to legalize illegal residential complexes. The
original guideline was issued with the intention of preventing risk to the
health and safety of the people.* *The revision obviously looks at the
profit margin of unscrupulous promoters, not the innocent buyers who will
suffer in future.

The decision to continue to enforce the 500 meters distance stipulation for
future clearly shows that this norm is not wrong and that is why Government
of Gujarat is now modifying it to 100 meters only for post-facto
regularization of illegal residential complexes which came up in violation
of the CPCB & GPCB guideline and norms. This is going to be a disastrous
action on the part of the concerned authorities as far as the health and
safety of the people is concerned.

It is clear that such a decision can only be due to immense pressure from
the rich and powerful.

It cannot have been a suo moto decision. Instead of taking firm action and
enforcing the regulations, these departments are succumbing to pressure from
all sides from powerful rich people who want to legalize their illegal
residential complexes.

Any post facto relaxation in the present environmental guidelines and norms
is nothing but manipulation of present environmental norms to legalize
illegal construction activities in order to favour powerful rich people who
can pressurize the Government to act against the interests of ordinary
people. We opposed the proposed dilution of norms and letters were written
to Government of Gujarat and also to Ministry of Environment and Forest to
intervene in the matter to prevent such illegal modification.

Vapi Industries Association (VIA), United Phosphorus Limited (UPL), and Avik
Pharmaceutical Ltd. have filed a defamation case to the tune of Rs. 25
Crores against ‘The Times of India’ and Rohit Prajapati in the Vapi Court,
District Valsad, Gujarat with reference to a news item which appeared in
‘The Times of India’ on 5th June 2010 [Vapi: caught in a toxic chokehold,
The Times of India, 4th June 2010.
http://articles.timesofindia.indiatimes.com/2010-06-05/pollution/28278983_1_cpcb-comprehensive-environmental-pollution-index-gpcb
On 17th September 2011, I filed an RTI application with the Chief Minister’s
office, seeking information regarding the ‘Sadbahvna Mission’. The RTI
application sought to know how much money was spent on this programme, who
were the sponsors, and under which policy or rules this programme was
conceived and carried out.

There is sufficient reason to apprehend that individuals and interest groups
affected by our efforts may resort to legal, extra-legal and other means
against some of us. We want to alert you to that possibility and request
quick action in case of any such eventuality. I have already been subjected
to repeated questioning by police both in our office and at home, amounting
to intimidation and harassment.

I would therefore appeal to friends and activists in trade unions, in human
rights movements and in environment protection movements, as well as in
other sectors of social movements, to take note of these developments and to
extend solidarity with us.

Rohit Prajapati
Environmental and Trade Union Activist
Member of People’s Union for Civil Liberties, Jyoti Karmachari Mandal &
Paryavaran Suraksha Samiti
*
*
Copy of the letter send to the Police Commissioner of Vadodara
 Rohit *P*rajapati
37, Patrakar Colony, Tandalja Road, Post: Akota, Vadodara 390 020
Phone No: +91-265-2320399
Email No: rohit.prajapati at gmail.com
 By Fax, Email & Speed Post
 10th October 2011
 To,
The Commissioner of Police, Vadodara
Police Bhavan, Indira Avenue,
Jail Road, Vadodara – 390 001
*
Reference:* Various and sudden visits by persons claiming to be police
officers or persons belonging to LIB, IB and SOG divisions of police force
during last 2 years and latest visit on 09/10/2011.
*Subject: *Kindly provide me the reasons for the repeated questioning by
police, whether there are any allegations or charges, and if so, what these
are and if there is an investigation of any kind, I would like to know the
nature of the investigation.

Sir,

I, Rohit Prajapati, the undersigned, am associated with various voluntary
organizations and am a social activist concerned with various issues
including environmental protection and the menace of pollution. As a part of
my mission I have taken up and raised a number of matters and issues
concerning environmental pollution.

In view of the aforementioned I thought it fit to bring to your kind notice
the following facts which seriously threaten my rights as an ordinary human
being and citizen of this country:

   - During last 2 years, some 5 or 6 times persons claiming to be police
   personnel have suddenly visited my residence and office and made oral /
   verbal inquiries regarding my personal life, including matters related to my
   social being. Being a law abiding citizen, I have always extended
   cooperation in these enquiries.
   - However, during the last 2 or 3 of the several visits, the concerned
   individuals claiming to belong to the SOG conducted their enquiries in an
   aggressive manner and tone. As a law abiding citizen I have continued to
   extend all cooperation and hitherto never thought to refer the matter to
   you, because I believed that this might essentially be an unavoidable
   circumstance of my mission, since my work might be causing inconvenience to
   Government and persons in positions of power.
   - However, during the most recent visit on 09/10/2011, after the
   “routine” repeated inquiry was over, i.e. after I had replied to all
   questions, the police personnel asked for two copies of my photograph, which
   I thought was unreasonable and therefore asked for their request in writing;
   on receiving a letter bearing no. 5098, issued under the signature of the PI
   of JP Police Station, I did supply the photographs as demanded by them.
   - As a citizen, I am concerned about the treatment being meted out to me
   through secret inquiries, as I am not aware of any ongoing inquiry, or of
   any cause or reason for such an inquiry.
   - The process of inquiry has already caused considerable inconvenience to
   me. While I respect the fact that security agencies may at times be required
   to carry out certain investigations, I am unable to see what is prompting
   this rash of enquiries in this case, and feel compelled to bring to your
   notice the incidents and events. Law abiding citizens engaged in lawful,
   constitutionally sanctioned and guaranteed activities are not ordinarily
   subjected to repeated “routine” police enquiries and surveillance.

I am optimistic that my communication to you may play a role in correcting
and regulating the administration of inquiries by your department such that
innocent citizens are not unnecessarily harassed for engaging in lawful
activities considered essential to the proper functioning of a democratic
state.
I am sure you will take serious note of the aforesaid matter, which has
caused absolutely unwarranted pain to me and my family, and therefore take
some corrective and remedial steps to prevent any unjustifiable use of power
and force.

I am an activist who has agitated by remaining within the four corners of
the law, and has never indulged in any illegal activities.

The aforementioned type of actions carried out by persons from your
department amount to intrusion into my fundamental rights of privacy. Your
department’s actions amount to violation of my fundamental rights to privacy
and dignity. Because of health reasons my movements have become very
limited, as I have been advised substantial rest, and such intrusions into
my home are having adverse effects on my health.

Kindly provide me the reasons for the repeated questioning by police,
whether there are any allegations or charges, and if so, what these are and
if there is an investigation of any kind, I would like to know the nature of
the investigation.

 I shall be thankful if you supply this information to me as a conscientious
public servant, so that I shall not be compelled to take recourse to the RTI
law.

*Rohit Prajapati
*[Rohit Prajapati]


**

** ___________________________________________________________________
*         * Rohit *P* rajapati & *T* rupti *S* hah
**        **37, Patrakar Colony, Tandalja Road,
**        ** Post-Akota, Vadodara - 390 020
**        **GUJARAT, INDIA
**        **Phone No. *+ 91 - 265 - 2320399
***        ** Email No: *rohit.prajapati at gmail.com
* ____________________________________________________________________



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