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2009/02/20

Democratic Socialist Leader Shamim Imprisoned Without Bail


Bhopal (Madhya PradeshIndia), Feb 16: 

The administration seems to harrass and oppress anyone who questions its actions or policies. The case of Shamim Modi is another example of such an attitude.


Ever since
Shamim Modi fought assemble election against ex revenue minster in 2003 she is being victimized by police. Just after results were announced she was arrested and released after 3 days. Now again after the assembly election A state vie president of Samajwadi Jan Parishad (SJP) and a social worker and lawyer Shamim Modi is arrested by Harda police on 10th February and remanded to 14 days judicial custody by Harda CJM court.


She was arrested after Harda industries association a day earlier gave a 48 hours ultimatum to district administration demanding that Shamim Modi and Anurag Modi be arrested else they will close all their establishment. For last few months Shamim was instrumental in organizing labour belonging to 60 saw mills & plywood factory after organizing Hammals working at various Krishi Upajmandi and ware house, railway mal godam in the Harda district. The 4 cases in which Shamim is arrested are 2 years old and politically motivated. In last two years police even never bothered investigate the matter and having no intention either.


Larger Conspiracy-The industrialist’s ultimatum was part of larger conspiracy by ruling BJP to check the growing popularity of SJP and also teach lesson to the social and political activist in the state. Now Shamim Modi’s case seems to be heading Vinayk Sen’s way it is evident from the developments so far. On 12th February denying the bail application District & session judge, Harda J.P. Parashar said "Uchha Siksha aur vidhi ka gyan rakhne wali si mahila jo rajya virodhi karya karne ka apradh karti hai use jamanat ka labh diya jana nya sangat nahi hai." (A well educated lady having legal knowledge, involved in anti state activities can not be granted bail). The judge’s remark is clear indication that Shivrajsingh Government is planning to keep Shamim Modi in jail for a longer time. The comment will also be used against Shamim and Anurag Modi (Her husband and co accused) in externment proceeding pending at DM’s court Harda.


But at the one hand judge wrote this remark at the same time he has written that "She files PIL against forest officials, educate tribals about their rights, work for their welfare through her organisation". He has sited this as if this is also a crime.


Fact of the case- The above mentioned remark by the judge was uncalled for and does not bear any legal ground. The allegation, as mentioned in bail order and also in the FIR, in the case criminal case no 76// 07 reads that on her and her husband Anurag Modi’s instigation tribals of village Dhega in Harda district attacked forest ranger O.P. Patel and others and kidnapped them on 11th July 2007 when they were taking arrested tribal Ramdas with them. According to an FIR Shamim and Anurag were not present at the incident site. The prosecution says the inflammatory speech by the Modi couple has caused the incident. No where it talks of anti state activities.


The reality of the story can be understand by the fact that where as on 12th July 07 Shamim and Anurag were accused of instigating tribals to kidnap forest officials and on 13th July Shamim was accused of kidnapping two of these tribals. The story is like this- On 11th July 07 the forest Ranger O.P. Patel along with 30-40 personnel reached village Dhega and finding Ramdas in the field cultivating forest land started firing indiscriminately and beaten Ramdas and Foolwati with back of the rifle and broken their jaw and arms. Villager hearing the noise came to the seen and overpowered the ranger. The villagers informed the Superintendent of Police through nearest telephone booth. After getting the message Shamim also informed the SP on the same night. Next morning on 12thpolice went to the villagers handed the ranger to them.


The injured tribals of village Dhega were also brought to Harda by police. The police registered the case against tribals and Shamim and Anurag the case no 76/07 of Rahatgaon PS u/s 341, 364 294,237,323,355,186,506,34 of IPC but refused to lodge to lodge their FIR. On 13th morning Shamim along with two tribal women Foolwati and Munni left the hospital for Harda district court, just opposite the district court police dragged them on the street and took away tribal women so they could not reach the court to lodge the complaint case. Thereafter police registered a case no 47/07 against Shamim u/s 341, 353,364,34 of IPC, of kidnapping tribal with the intention to kill. After Shamim moved the High Court the kidnapped tribals were released from police custody in Bhopal Hospital and given treatment at Jabalpur.


Short Background- Shramik Adiwasi Sanghthan and Samajwadi Jan Parishadhas been instrumental in exposing corruppt nexus of politician and bureucart. Shamimhas also filed PIL 4644 at jabalpur HC regarding attrocities against tribals and nexus of mining and forest mkafia close to rulling BJP in the state. Considering threat to her life and liberty HC gave stay on her arrest and provided her with two armed guards during pendcy of the writ petition. The HC passed an order on 17th July 2008 awarding compensation to three tribals who were handcuffed, tribals should not be removed from forest land till verification process is over as per new trible right act and action against all involve in illegal mining. No action so far Shamimhas to file cotempt pettion.


Profile- Shamim was member of tribal subgroup in preparing a 11th five year plan, trustee with renowned social worker late Baba Amte and Medha Patkar in Jan Sahyog Trust. She has done her M.A. degree from Lady Shriram College Delhi and M.Phil from TISS Mumbai. L.L.B. from Bhopal University. SJP’s MP vice president, fought two assembly elections against ex Revenue minister of MP, a parliament election. Fight cases of tribals and labour at MP HC.


Protest- In protest of Shamim’s arrest all the labour union belonging to Harda, Khirkiya, Timarni, Sirali and Rhatgaon Krishi Upaj Mandi in Harda district, Railway Mal Godam union, ware house union, saw mill union belonging to 60 saw mill in the Harda city are went on the day’s strike on 12th February and took out a big rally at Harda. .From 13th the saw mill union has went on indefinite strike and started a sit in at Harda demanding implementation of labour lawsand opposing Shamim’s arrest.


Expectation – Write protest letter to CM, MP, Human rights commission seeking their intervention in earlier release of Shamim and implementation of labour laws in Harda. Write article, editorial, orgamise protest, submitt memorendum, visit Harda to support workers ongoing protest. I am also wanted by police


Anurag Modi

Cell 09425041624, Local activist managing the protest.- Sukhram –9424472145, babloo 09424435513


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