Dear friends,
The Asian Human Rights Commission (AHRC) has learned of the arrest of Ms. Agnes Kharshiing, President of Civil Society Women’s Organisation (CSWO), and subsequent rejection of bail by a lower court in Shillong, Meghalaya. On November 9, Ms. Kharshiing was arrested for protesting against the eviction drive underway in Shillong that has left hundreds homeless. The AHRC demands immediate release of Ms. Agnes and an investigation into the allegations of manipulation in land acquisition for the construction of the township in question.
CASE NARRATIVE:
The Asian Human Rights Commission is received information from civil society members and local media that the Meghalaya Urban Development Authority (MUDA) conducted an eviction drive on November 8, 2013, at 10 a.m. in the Umsawli area of Shillong to pave way for the construction of the New Shillong Township.
MUDA has apparently acquired about 2000 acres of land for this purpose in Mawdiangdiang and adjoining areas. MUDA has claimed that the construction of the new township is to ease traffic congestion and over-crowding of Shillong’s prime city area. In the recent eviction drive at Umsawli, the inhabitants were labeled as ‘encroachers’ and evicted.
The Civil Society Women’s Organization (CSWO) lead by Ms. Agnes Kharshiing, protested the drive. According to the information received by AHRC, Agnes went to the eviction venue and asked officials for proper documents related to the evictions. Later, when making her way back from the eviction zone, she was followed by group of police personnel, who compelled her to go to the police station. Agnes was detained. She was not informed about the grounds of her arrest during the arrest.
Later, an Executive Engineer of MUDA filed an FIR at Rynjah Police Station, charging Agnes of obstruction of demolition/eviction and instigating people to block the road. Another FIR was also filed against her by a JCB driver. It alleges intimidation, and threat with dire consequences, by Agnes against the officials present during the eviction drive. Agnes has been booked under section 109/186/353/332/ 506/ 34 Indian Penal Code and has been remanded for 14 days in judicial custody.
Her bail plea was moved and rejected on November 9, 2013, by the Additional Deputy Commissioner. The second bail plea was also rejected on November 11, 2013, by the lower court, with the argument that the investigation officer has collected sufficient evidence against Agnes being cited.
Earlier on November 8, at 8 a.m., Kharshiing had lodged a complaint at Rynjah police station, alleging that MUDA Secretary T. Lyngwa, and Additional District Magistrates D.M. Wahlang and I. Majaw, and others, had “illegally trespassed” into the residence and shop of Bokstar Lyngdoh and Tridik Lyngdoh at Mawlong-Mawtari village. In another FIR filed before the same police station, one Jropsila Kharkongor alleged that Lyngwa, Wahlang, Majaw and others had illegally trespassed and demolished her two shops at Umsawli village.
The eviction drive has resulted in the demolishing of 2 shops cum houses in Umsawli and 6 houses and two cow sheds in Mawlong area. CSWO has alleged that there is no clarity on the ‘acquired land’ and the credentials of the seller is questionable. Civil society members fear that the eviction drive may cause further homelessness and loss of property of the people.
The Asian Human Rights Commission is concerned that authorities may implicate Agnes in false and fabricated charges and harass her for demanding transparency in land dealings.
ADDITIONAL INFORMATION:
Agnes has been active in the Right to Information movement and the anti-corruption movement in the state of Meghalaya. She has campaigned against the massive corruption in teacher’s appointments in Meghalaya. Earlier this year, she highlighted the custodial killings of two youths in Jaintia Hills.
Earlier in May 2013, CSWO protested the acquisition of land for the construction of the New Shillong Township and brought the subject media attention. About 2000 acres of land has been ‘acquired’ by the government for the proposed township and documents accessed by CSWO through the Right to Information Act, 2005, reveal questions over the acquisition, including unregistered documents. CSWO has demanded transparency over the dealings. The government has claimed that the land has been acquired under the ‘Land Acquisition Act’ and not purchased, and has claimed that allegations made by CSWO are false and fabricated. A defamation case has been filed by MUDA against Agnes.
SUGGESTED ACTION:
1. Urge the Chief Minister of Meghalaya to intervene and secure Ms. Agnes’s immediate release and also ensure transparency in the land dealings for the proposed construction of New Shillong Township.
2. Urge the Home Minister of Meghalaya to ensure safety and early release for Agnes.
3. Urge the Superintendant of Police of Shillong city to act on the FIR filed by Agnes alleging trespassing in the proposed eviction sites.
4. Urge the Focal Person for the protection of human rights defenders at National Human Rights Commission, New Delhi, to take requisite action.
The AHRC will write a separate letter to the UN Special Rapporteur on the Protection of Human Rights Defenders for intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDIA: Immediate release of human rights defender Ms. Agnes Kharshiing
Name of victim: Ms Agnes Kharshiing
Names of alleged perpetrators: Executive Engineer of MUDA
Date of arrest: 9 November 2013
Date of rejection of bail plea: 9 and 11 November 2013
Place of incident: Umsawli, Shillong, State of Meghalaya, India
I am writing to voice my deep concern regarding the arrest and subsequent rejection of bail plea of Ms Agnes Kharshiing, President of Civil Society Women’s Organisation (CSWO), by a lower court in Shillong, Meghalaya.
I have learnt that on November 9, Ms Agnes Kharshiing was arrested for protesting against the eviction drive at Shillong which has left hundreds homeless. I demand immediate release of Ms. Agnes. A probe must be ordered into allegations of manipulation in land acquisition for the construction of the township.
According to information provided by civil society members and the media, the Meghalaya Urban Development Authority (MUDA) conducted an eviction drive on November 8, 2013, at 10 a.m. at Umsawli area to pave the way for construction of the New Shillong Township. MUDA has apparently acquired about a total of 2,000 acres of land for the purpose in Mawdiangdiang and adjoining areas.
MUDA claimed that the construction of the new township is to ease the traffic congestion and overcrowding of Shillong’s main city area. Civil Society Women’s Organization (CSWO), lead by Ms Agnes Kharshiing, protested the recent eviction drive at Umsawli where inhabitants have been labeled as ‘encroachers’.
According to the information I have accessed, Agnes went to the eviction venue and asked for proper documents related to the eviction drive. Later, she was on her way back from the spot when she was followed by a group of police personnel, who compelled her to go to the police station. She was detained. She was not informed about the grounds of her arrest during the arrest.
Later, Executive Engineer of MUDA filed an FIR to Rynjah Police Station charging her of obstruction of demolition/eviction and instigating people to block the road. Another FIR was also filed against her by a JCB driver alleging intimidation and threat of dire consequences by Ms Agnes against officials present during the eviction drive. Kharshiing has been booked under section 109/186/353/332/ 506/ 34 IPC, and remanded for 14 days in judicial custody.
Her bail plea was moved and rejected on November 9, 2013 by the Additional Deputy Commissioner. The second bail plea was also rejected on November 11, 2013. The lower court claimed that the investigation officer has collected sufficient evidence against her.
Earlier on November 8, at 8 a.m., Kharshiing had lodged a complaint at Rynjah police station alleging that MUDA Secretary T. Lyngwa and Additional District Magistrates D.M. Wahlang and I. Majaw and others had “illegally trespassed” into the residence and shop of Bokstar Lyngdoh and Tridik Lyngdoh at Mawlong-Mawtari village. In another FIR filed before the same police station, one Jropsila Kharkongor alleged that Lyngwa, Wahlang, Majaw and others had illegally trespassed and demolished her two shops at Umsawli village.
The eviction drive has resulted in the demolition of 2 shops cum houses in Umsawli and 6 houses and two cow sheds in Mawlong area. CSWO has alleged that there is no clarity on the ‘acquired land’ and the credentials of the seller is questionable. Civil society members fear that the eviction drive may cause further homelessness and loss of property of the people.
I am concerned that the authorities may implicate Agnes in false and fabricated charges and harass her for demanding transparency in land dealings.
I have learnt that Ms Agnes has been active in the Right to Information movement and anti-corruption movement in the state of Meghalaya. She campaigned against massive corruption in teacher’s appointment in Meghalaya. Earlier this year, she raised concern over custodial killings of two youths in Jaintia Hills.
Earlier in May 2013, CSWO protested against acquisition of land for the construction of the New Shillong Township and brought the matter media attention. About 2,000 acres of land has been ‘acquired’ by the government for the proposed township and documents accessed by CSWO through Right to Information Act, 2005, reveal questions over the acquisition, as well as unregistered documents. CSWO has demanded transparency over the dealings. The government has claimed that the land has been acquired under ‘Land Acquisition Act and not purchased. According to the government, the allegations made by CSWO are false and fabricated. A defamation case has been filed by the MUDA against Agnes.
I, thereby:
1. Urge the Chief Minister of Meghalaya to intervene and secure Ms. Agnes’s immediate release and also ensure transparency in the land dealings for the proposed construction of New Shillong Township.
2. Urge the Home Minister of Meghalaya to ensure safety and early release for Agnes.
3. Urge the Superintendant of Police of Shillong city to act on the FIR filed by Agnes alleging trespassing in the proposed eviction sites.
4. Urge the Focal Person for the protection of human rights defenders at National Human Rights Commission, New Delhi, to take requisite action.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Dr. Mukul M. Sangma
Chief Minister of Meghalaya
Upper Nongrim Hills (Near NEC), Shillong-793001
INDIA
Tel.: +91 364 2224282, +91 364 2522752
Fax: +91 364 2227913
2. Mr Shri W. M. S. Pariat
Chief Secretary
Government of Meghalaya
Building, Rilang Building, Room No. 321,
Meghalaya Secretariat, Shillong- 793001
INDIA
Tel.: +91 364 2224801
Fax: +91 364 2225978
E-mail: cso-meg@nic.in
3. Focal Point – Human Rights Defender
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA,
New Delhi – 110023 INDIA
Tel.: +91 24651330
Fax: +91 24651329
E-mail: covdnhrc@nic.in, ionhrc@nic.in
Thank you.
Urgent Appeals Programme AHRC (ua@ahrc.asia)
