The new Hemant Soren government may have announced withdrawing all criminal cases related to the pathalgadi movement but the state’s top cops are dubious about executing it, though newly inducted minister Rameshwar Oraon, a former IPS officer, claimed that the decision was taken after consulting the legal department.
The Pathalgadi movement, which reared its head in Khunti in 2017-18 as an instance of tribal mistrust against the government and its institutions, witnessed clashes between the police and protesters. Around 10,000 unnamed persons were booked as accused in various cases, including those of sedition.
But, there were several named accused too, those such as Vijay Kujur, an educated tribal accused of misguiding tribals to transform the age-old pathalgadi custom of erecting stone plaques in the memory of ancestors into a political statement — an assertion of their land and other rights. Allegedly, Kujur, who is now under arrest, took a dozen cops, including SDPO Ranbir Singh, hostage in Khunti in August 2017.
In June 2018, PLFI rebel Baji Samad along with so-called pathalgadi supporters Ayub Shandi Purti and Junas Munda raped six women workers of an NGO after kidnapping them from a missionary school, RC Mission School, in Kochang village, Khunti. This year in May, a Khunti court convicted Baji Samad, Purti and Munda on rape charges. Catholic priest Father Alfonso Aien was held guilty of suppressing the crime. Balram Samad and John Jonas Tidu were convicted for abetting the rape. All six had links with the pathalgadi movement.
In July 2018, pathalgadi supporters at Anigara abducted three cops from the home of then Khunti MP Karia Munda.
A policeman said dismissing the charges would involve legal implications and affect the morale of the police. “Especially the gang-rape and when cops were held hostage,” he said. A senior IPS official said that the police were part of the government and the government was vested with powers under Section 321 of the CrPC to withdraw pending cases.
“But it can’t be an ex parte, autonomous decision. The state will have to move withdrawal petitions before court. This is for the court to decide whether to accept or reject the state’s withdrawal requests. If offences are minor, it is easy. But not if the offences are serious.”
Former IPS officer-turned-minister Oraon said there would be no legal hurdle. “The police lodged FIRs and state being the party to these cases has the right to withdraw the cases.”
He added that these cases could be divided into three categories. “The first are those where investigations are still on and no court permission is required. Then there are cases where chargesheets have been submitted and trial is on. Here, we can file withdrawal petitions. In most cases related to pathalgadi, police invoked the sedition charge that was not needed. The Congress in principle is opposed to the sedition law brought in by the British. You can’t brand tribals as anti-national,” he said.
Convicts of rape and abduction will be pardoned to bring peace in the troubled area, Oraon said. “Ours is a people’s government and we have to think of the larger interest of people,” he said.