COVER STORY: ROHINGYAS: ENDLESS WAIT FOR REPATRIATION

THE LIGHT OF ANDAMANS | ISSUE 27 | 17 FEB 2012

COVER STORY:

ROHINGYAS: ENDLESS WAIT FOR REPATRIATION

About 400 desperate souls rescued from the seas and detained in a distress camp for almost three years at Port Blair dream for a free life and a reunion with their families. Abandoned by both Myanmar and Bangladesh, their fate hangs in balance, with an indecisive government policy and the sluggish pace of repatriation.

By Zubair Ahmed

Since December 2008, about 702 boat people with Bangladesh-Myanmar nationality were rescued from various parts of the Islands. After a slow moving process, about 270 of them were repatriated.  The remaining 422 are languishing in the Distress Camp set up at Brookshabad by the ANI Admn. Another 54 were to be deported this week to Bangladesh.

"Its three years now, and we have not done anything wrong. We were first persecuted by the Burmese Junta, pushed by the Thais into the face of death. Indian government has been very sympathetic to us, but how can we continue to remain in a detention camp like this?" asks Ghulam Kadir, who is just 25 years old.

Mohammed Zameer: Optimistic!

The 400 persons have been lodged in the Open Distress Camp, where they live in three dormitories.  The Admn spends about Rs 75 per diem. They all look well-fed and clothed. However, they are unable to accept their fate, of living as prisoners without any hope.

"It is very unfortunate that poachers and Illegal fishermen from Myanmar, Bangladesh or Thailand, who are apprehended gets repatriated after they serve their sentences, whereas these boatpeople does not have the right to even get out of their camp," says a senior police officer.

Ghulam Kadir: Its a LongWait!

Mohammed Zameer, 23 years, born in Arakan has six members in his family. Faced with desperation and pain in managing a family in a hostile country, where its own citizens are persecuted by the Myanmar government, he crossed to Bothi Gaon in Bangladesh, just 20 kms away. One of the 2 lakh state-less and worst discriminated Rohingyas and Arakanese who had crossed the border looking for a safe haven from the clutches of Myanmar, he too dreamed of a better world. The border towns of Myanmar-Bangladesh are home to many such unfortunate souls. However life was not that easy in Bangladesh. He remained 8 months in Chittagong and thought of moving to Malaysia.

When he heard that Captain Rafeeque, would take him to Malaysia for an amount of 15-20 thousand takas, he too joined the 102 member group. Rafeeque, known as Captain promised them a safe landing in Malaysia. It took about 8 days to reach Phuket on their way, where they were intercepted by Thai Navy. They could see around 120 such Arakanese/Bangladeshi economic migrants already detained by the Thai Navy.

Mukhtar: Engine Betrayed!

Lately, the Thai authorities had picked Red Sand Island for 'processing' the Rohingyas before pushing them into the sea. They are subjected to inhuman torture and humiliation in the process. They are detained on the beach with gun-trotting guards abusing and torturing them. About 413 of these boat people were loaded into a dead engineless incapacitated wooden boat and towed deep into the sea for 24 hours and left to drift. Two bags of boiled rice and two jars of water were provided on each boat. There was no provision to cook the rice. They soaked it in water and chewed raw. But that too did not last more than two days. 412 persons tossed in a boat with no space to even move, they drifted in the sea for more than 15 days and they even lost the count of days after a certain period. Hunger and thirst drove them mad. Everyday, they were throwing dead bodies into the sea. When after a long period, the boat drifted towards Little Andaman Islands, where they were spotted and rescued by the A&N police and ANC, out of 413, only 107 survived.

UNENDING WAIT: At the Distress Camp at Brookshabad.

They arrived at Port Blair famished and totally dehydrated. They were shifted to hospital. After they recovered from the trauma, they were jointly interrogated by police and defence personnel. Although there is no lack of facilities, what they rue is detention without any crime. When asked SBS Deol, DGP told LOA, "They are not criminals and there is no justification in holding them in a detention camp, and I think they should be given Refugee status by Government of India."

When asked about the delay in repatriation, Naushad, Dy SP Emigration told LOA, "We have already forwarded all the details of the boatpeople to BSF as well as to the concerned High Commission; however, its time consuming and the response is very slow from Dhaka as well as from BSF."

Thai Navy arresting the Boatpeople at Similan Islands

"We are doing our best in addressing their requirements. "There is cellphone facility provided to them and they speak to their family members and relatives," he said.

The Administration is spending about Rs 12 Lakhs per month for the detainees.

"The desperation among the detainees has increased a lot. They had gone on hunger strike four or five times demanding quick repatriation, which is not a good sign," said DGP. A few of them in fact had tried to escape from the camp. About ten of them are undergoing prison sentence.

"In 2005-07, many Rohingyas had trespassed Thailand to enter Malaysia. Although they were detained by Thai authorities for 10-15 days, as soon as their relatives in Malaysia intervened and paid an amount of 3000 Malaysian Ringgit, they were released. In Malaysia, the government accepted them and would provide them Refugee Card for labourers," said Mohd Zameer.

Mukhtar (35) belonged to a group of 61 persons, which landed in Twin Islands on 08 Jan 2009. Their boat had developed an engine snag, and drifting in open sea for about eight days.

In another incident, about 150 persons landed near Tillangchaung Island on 10 Jan 2009.  Ghulam Kadir (25) who is still in the camp says that they were about 110 and 41 more people were tossed into an incapacitated boat by Thai authorities and pushed into the sea. About 113 persons have been repatriated. Another 36 persons are still in the Distress Camp waiting repatriation to Bangladesh.

One more incapacitated boat carrying 133 Rohingyas reached Pillow Millow village in Great Nicobar on 15th January 2009. The boat caught the attention of the residents of the village that had just 5-6 families living there after tsunami devastated it in 2004. Rest of the 41 families of the village were still living in temporary shelters in Campbell Bay.

However, the villagers took out their boats and with great difficulties towed the drifting boat to the village in a very rough weather. The Rohingyas were famished and dehydrated as was the case with earlier arrivals in the Islands. There was not much in the village to offer over 130 hungry people, said Paul Jura, the tribal chief of the village from Campbell Bay. However, the villagers offered them banana and whatever else they could. The police in Campbell Bay was alerted though even that in itself was a monumental task.

The issue is very serious for those of Burmese origin. There were about 107 of them, out of which 38 of them were rescued in 2008 and only one of them was repatriated. Another group of 37 were found on Barren Island in December 2011. 34 more of Burmese origin was rescued near Goal Tikrey, Kalighat on 23 December 2011.

"Even Rohingyas living legally on Phuket have been refused passports by the ''new'' Burmese government. Those who do land in Thailand are ''helped on'' to Malaysia or into the arms of brokers," said Alan Morison, Editor, Phuketwan to LOA.

"Myanmar is not going to take them back as they are outcasts there and Bangladesh would do the same as they are Rohingyas. It would be inhumane to keep them in detention. Either United Nations or Government of India would have to pitch in and confer Refugee status to them," said a Police Officer.

It is human right issue of monumental proportion rather than stray incidents of desperate people drifting in with the trade winds as the A&N Administration treats it. A proper policy needs to be devised in consultation with the Government of India to handle the migrant Rohingyas problem.

COVER STORY: Jarawa Dance Video: ARMY PERSONNEL INVOLVED

THE LIGHT OF ANDAMANS | VOL 35 ISSUE 24 | 13 JAN 2012

COVER STORY

Jarawa Dance Video

ARMY PERSONNEL INVOLVED

By Zubair Ahmed

The Jarawa dance video, which created hue and cry in the international and national media and forced the Government of India and Andaman and Nicobar Administration to order a probe, was actually shot by a group of army personnel.

In an independent investigation by LOA, it has come to the fore that police and ground staff of Andaman Aadim Janjathi Vikas Samithi (AAJVS) were not aware as the video was shot after the last convoy left Middle Strait.

Contrary to the statements released to the media by the Administration, the video was shot three years back on 6th  November 2008, in which two vehicles - a truck and a gypsy belonging to army were involved. In a release, S B Deol, DGP had said that the video was 10 years old and there were no cop in the video. He had also pointed out that a man with camouflaged uniform was visible in the media. However, he did not mention anyrole of defence personnel.

LOA has identified the Jarawa women and girls featuring in the video, which was shot at a place about 8 kms from Jirkatang, known as Chowdhary Gumai. There were six Jarawa women including a pregnant lady, who was shown fully naked. Thadul (16 years) daughter of Thadang, Ecnchobecha (14) d/o Thadang, Cheddatokula (35) wife of Whaydom and Aninja (13) d/o Whaydom featured in the video. Enepowaiele (21) w/o Mahe was 7-8 months pregnant when the video was shot. She gave birth to a baby girl Wane on 6 February 2009.

The army personnel traveling in a military truck had waited for the last convoy to pass from Middle Strait and with special permission traveled on the road. It has also come to light that Jarawas mostly belonging to Tirur sector has a Chadda (Jarawa Hut) very close to the place.

Jarawas, still a nomadic community travel from Tirur to Kadamtala and back frequently. They use the temporary chaddas on the way.

The Jarawas in Kadamtala and Middle Strait were able to identify the Jarawa women featuring in the video and the place where it took place.

Enepowaiele, the pregnant woman in the video, who is 24 years now has confirmed to a reliable source about the incident and involvement of army personnel.

However, this does not vindicate the police force present at Middle Strait who allowed the military truck to pass after the last convoy had departed from Middle Strait. The thumb rule is not to allow anybody except AAJVS, Police and Forest personnel dealing with the protection and welfare of Jarawas of specific territorial jurisdiction. This raises a serious question how army personnel, who were on a tour to Baratang could stop inside the Reserve and shoot the video exploiting the vulnerability of a tribe who are at crossroads, unaware of the dangers it poses to their life and culture.

The story about the video published by The Guardian/Observer, London was later picked by the national media and highlighted the plight of the Jarawas.

Soon after the expose by news channels, Shakti Sinha, Chief Secretary, ANI Admn had rebutted the episode saying that over the past decade, the population of the Jarawas has increased for the first time since they first came into contact with the outside world 150 years ago.  He also said that a Tribal Reserve has been increased from 847 sq kms to 1028 sq kms.

Speaking to a news channel, Prof Shekhar Singh said that the Lieutenant Governor and the Administration should be put on dock on the issue of contempt of court as the Administration has kept the Andaman Trunk Road open even after the Supreme Court's Order of May 2002.

The issue has also created a ruckus among the politicians and the settler communities who blamed foul play in the timing of the video saying that it was intentionally done to close Andaman Trunk Road, which they claim to be a lifeline.

COVER STORY: CBSE QUESTION PAPER LEAK CASE: JUSTICE PREVAILS

THE LIGHT OF ANDAMANS | VOL 35 | ISSUE: 19 | 18 NOV 2011

COVER STORY:

CBSE QUESTION PAPER LEAK CASE:

JUSTICE PREVAILS

Braving hostile conditions with minimal support from other agencies, with conspirators both within and outside the department, a determined Police force vigorously took the case head on and arrived at a logical conclusion.

By Zubair Ahmed

A senior police official, during the trial of the CBSE case once made a remark that is etched in memory till now - "We don't know why we are putting so much effort. There is no support from any quarters. No other department of the Administration is taking any interest in identifying or punishing the culprits."

At every stage of the investigation, they had to face challenges. Initially, a few police officers tried to manipulate the evidence. At later stage, the jail authorities were found helping the accused.

On different pretexts, big shots of the society showered sympathy with the accused and used every opportunity to influence the process.

The lawyer fraternity boycotted courts, when Deep Chaim Kabir was appointed by the Administration to assist the prosecution.

But Justice Prevailed. And when it happened, there was no parallel in recent history, when such a historical judgement has been pronounced.

In the history of Islands, a landmark judgement in one of the most notorious and sensational case was delivered by the Sessions Court on 16 Nov 2011. All four accused - Abdul Salam, Krishnamaraju, Vijayan and Rasheed - in the CBSE Question Paper Leak Case has been sentenced to Life Imprisonment by the Court.

In March this year, when the question paper racket was busted, there were sufficient reasons to be cynical about the outcome. With invincible bigwigs involved, justice was the least expected, forget about the quantum of punishment. It was claimed that it would be a cakewalk for the accused.  Even judicial custody for the accused was presumed to be a victory for them.

Persons directly involved had been arrested and placed under suspension; the ANI Admn had not come out openly and clarified anything about the beneficiaries of the leaked question papers. Many parents had felt that justice would not be done in this case. They felt that a crime of such magnitude required thorough investigation by an independent agency and bigwigs involved in the racket should be brought into the ambit of investigation.

Throwing all skepticism and distrust into thin air, the police department jumped into the fray with conviction and determination, followed the leads vigorously, filed the charge sheet in record time, moved the case into fast track mode and finally when the judgement was pronounced, there was no room for any kind of doubt. Police had played their part to utmost satisfaction in the most hostile conditions.  The team of Supt of Police (SA) SP Tyagi, and ASP Chinmoy Biswal  alongwith young and energetic officers worked hard without rest braving all odds to arrive at a logical conclusion.

“In the last eight months, there was not a single day, when we could detach ourselves from this case. Almost 39 bail applications were filed and they wanted me to be busy running behind it, and in the process delay preparation of chargesheet, “ said ASP Chinmoy Biswal.

Moreover, it is also learnt that out of 64 witnesses, about 13 prime witnesses were influenced. One of the witnesses from Nicobar had turned hostile and there was an habeas corpus petition filed against the SP and ASP about his disappearance. In the petition, it was mentioned that the witness was last seen at the office of the ASP. However, police could trace him. In case of any eventuality, the whole case would have gone awry.

No doubt, there were sufficient reason to harbour skepticism. The influence that these bigwigs wield is immense and was felt at all levels. Police had to fight on two fronts - conspirators both outside and inside. The documents, which were under preparation and not yet submitted in the court were in their possession. How did they get the documents, which the police team thought were safe in their hands. Even before the Court serving them the chargesheet, they had a copy of it.

The crowd that reached the court premise to show solidarity with the accused, on the day of their first appearance had sent stunned the city. The way the crowd behaved and the skirmish with police showed their money and muscle power. With a major section of the society sympathising with the accused, barring a few, they were capable of manipulating any given situation. Highly predictable was the outcome of the case, as they had seen in yesteryears.

No efforts were spared to fight the Administration's decision of appointing Deep Chaim Kabir as a prosecutor in this case, which had sent shivers in that circle. Quoting various reasons, the bar council too put weight behind the allegation that his appointment was illegal. And it manifested in every action of the bar council. The faith reposed by the Police on Deep Kabir did bear fruit. According to sources, the accused had sensed that there is no escape, but they had not imagined such a sentence. They played all games. Most of the witnesses turned hostile. The police too was worried at some point. "I believe in God, because I have faith in Deep Chaim Kabeer," a senior Police Officer had told LOA.

The senior police official on anonymity had opened up his heart and shared the pressure they had to go through during the whole process. The support from other agencies of the administration was minimal. When the police department first suspended and later dismissed the accused police officer, Forest department, did not take any action against Vijayan, a ranger, who was the kingpin. The District Jail, where the accused were lodged had become a playground for them. From jailors to warders, the support they got is already on the record. The Police Officer showed the call details of as many as five to six employees from Deputy Jailor to Warders, whose phones were being used by the accused to influence witnesses. And, they were successful too in that endeavour. Moreover, the Police Officer had told LOA that even a senior police officer was supporting the accused and playing spoilsport, a black sheep indeed!

The accused got all support wherever possible - in jail as well as in hospital. They were seen wheeling dealing in hospital too. The police department was not even aware that the under trials had been shifted to hospital. When clarifications were sought from the Jail authorities, they made it clear that they are not bound to intimate police about shifting of the under-trials to hospitals. In a specific case, jail authorities informed police after three days.

The historical and significant judgement will serve as deterrent not just for crimes like question paper leak, but, it will also sent a clear message that justice is not something which can be easily negotiated with money or muscle power. The quantum of punishment has been a shock to many. Nowhere in near history, have four persons been sentenced to life imprisonment for such a crime.

In fact, one of the convicts of the Question Paper Leak Case has huge stake in various businesses in the Islands. It is also believed that he has many benami properties and businesses, which are run by his henchmen. It has been going on for long time. These were the same people who acted on their behalf when the trial was going on. With such elements roaming free with massive wealth under their control, it would be difficult to believe that Islands are free from the cancerous malaise. When Palswamy, an under trial in Explosive Case, died while in judicial custody, one of the henchmen had planned to organise spontaneous morchas especially targeting the SP, South Andaman. He had used the opportunity to create terror and panic. However, it fizzled out with the Lieutenant Governor going all out showering jobs, money and engineering seat to the dead man's family, in which the role of a politician is also being discussed in hushed tones. The misplaced sympathy had also in a way demoralised police force.

It is also a fact that many local police officers have more businesses than policing. They run proxy businesses, contracts and even illicit trades immune from all legal barriers. It runs smoothly like well-oiled machinery. When officers from mainland are appointed at vantage posts, it creates problem for them to run their show. They too have amassed wealth disproportionate to their known sources of income.

The police which acted well in the Question Paper Case is following the Explosive Case too in all earnest.  The accused in the Explosive Haul Case were the backbone of some of those involved in the CBSE case. In the Explosive case too, only those directly involved has been indicted. The role of officials of District Administration also needs to be investigated, as cases of manipulated explosive licenses had also came to the fore recently.

No criminals deserve sympathy; but everybody deserves justice, without any concoction. Fair justice as was done in the CBSE case.