10, Jan 2023 | CJP Team
The National Commission for Scheduled Tribes (NCST) has sought an action take report within 3 days from Rajasthan Police in the matter related to lynching of an Adivasi man. This has been done in relation to a complaint filed by CJP with the NCST on November 23, 2022. The NCST has sought the report from the Commissioner of Police, Jodhpur as well as the Director General of Police, Rajasthan.
CJP had written to NCST raising concerns over this incident where a 45-year-old tribal man from Rajasthan’s Jodhpur district died as he was assaulted by a group of people over drawing water from a tube well. As per the police, the family of the deceased alleged that the accused also abused the deceased man Kishanlal Bheel (46), from Bhomiyaji ki Ghati, with casteist slurs. The incident took place on November 6 in Soorsagar. The victim’s brother alleged that the accused prevented the victim’s family from taking him to the hospital as well and only after the police arrived was the family able to take Bheel to the hospital when he had lost his life. As per news reports, 3 accused, Shakeel, Nasir and Bablu have been arrested.
Among its four pillars of action, the land and livelihood rights of Adivasis and traditional forest dwellers, is one. CJP, with its expertise in navigating cases of human rights violations in the courts and beyond has been active on the issue; partnering with the All India Union of Forest Working Peoples (AIUFWP) since 2017 to battle any setback to these rights in the courts. This includes legally fighting back against malicious prosecution of leaders of the community and defending the Forest Rights Act, 2006 in the Supreme Court. We stand with the millions of Forest Dwellers and Adivasis whose lives and livelihoods are threatened. Please support our efforts by donating here.
Through the complaint, CJP urged the Commission to closely monitor the case through the investigation and prosecution to ensure that substantive and exemplary justice is delivered.
Accordingly, the NCST, by invoking the constitutional provisions under Article 338A of the Constitution, has sought a report from Jodhpur CP and DGP of the state. The Commission has also put the Police to notice that if it does not receive a response within 3 days, it may exercise the powers of the Civil Court conferred on it under Article 338A of the Constitution and issue summons for personal appearance before the Commission.
The sub-clause 8 of the Article states thus,
(8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely: —
(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses and documents;
(f) any other matter which the President may, by rule, determine.
The complaint may be read here.
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