About the Human Rights Defenders: Mr. Muralidhar Sahoo, Mr. Bibekananda Swain and others are residents of Dhinkia panchayat under Erasama block in Odisha’s Jagatsinghpur district. They have been opposing efforts to set up large industries in the coastal belt for over 20 years fearing ecological destruction and loss of forests and livelihoods. Mr. Sahoo and others participated in a peaceful movement opposing a steel plant and port by South Korean steel giant POSCO for 15 years. Although the Odisha government forcibly acquired land for the project in 2013 and cut down over 3 lakh trees, opposition against the project remained strong, and in 2017, POSCO exited. A year later, the state government announced that the Jindal Steel Works (JSW) would set up a mega project at the site comprising steel, power and cement plants and captive jetties. Mr. Muralidhar Sahoo, Mr. Bibekananda Swain and other HRDs in Dhinkia panchayat renewed their movement and in subsequent months and years, they conducted numerous public meetings, rallies and demonstrations opposing the JSW project. In recent months, they also opposed the project in public hearings conducted by the administration. Background of the Incident: Mahala and Patana under Dhinkia panchayat in Erasama block of Jagatsinghpur district were accorded the status of revenue villages by the Odisha government in April 2020 and August 2020 respectively. Local villagers feared the decision was taken to facilitate the JSW project and fracture the movement, and held several meetings and allies opposing the move. On November 30, 2021, administrative officials undertook demarcation in Patana amidst the presence of 14 platoons of police personnel. Residents of the village held a peaceful demonstration beside the local temple. Armed policemen were deployed to intimidate the protestors and they had been given only a day’s notice regarding demarcation. Delimitation work in Mahala village was scheduled the next day. On December 1, 2021, when revenue officials led by Erasama Tehsildar Mr. C Pranjyananda Das reached Mahala for demarcation work along with a large contingent of police personnel. Local residents protested by forming a human chain. Eventually, the demarcation wo rk was called off and revenue officials and police left the area. Details of the Incident: On December 1, 2021, at 8 PM, an FIR (123/ 2021) was registered at the Abhayachandpur Police Station against 34 HRDs including Mr. Muralidhar Sahoo and Mr. Bibekananda Swain and 300 other unnamed villagers for blocking the entry of officials into Mahala. The accused were charged under 143 (unlawful assembly), 341 (wrongful restraint), 294 (absence of complainant), 506 (criminal intimidation), 353 (assault or use of criminal force on a public servant), 186 (voluntarily obstructing any public servant in the discharge of his public functions), and 149 (common intent) of the Indian Penal Code. The FIR was registered by Inspector In Charge of Abhyachandpur police station Mr. Pradyumna Behera on the basis of a complaint by Erasama Tehsildar Mr. Choudhury Pranjyananda Das, who alleged that around 200 women and 100 men led by Mr. Muralidhar Sahoo, Mr. Bibekananda Swain and others obstructed revenue officials from carrying out their work. Sub Inspector Mr. K. Ch. Nayak was designated as the Investigating Officer in the case. Though no one has been arrested in the case yet, Mr. Sahoo and other HRDs in the area fear they might be detained and arrested in violation of due procedure.

On December 4, 2021, at about 3 AM, a police contingent under the leadership of Assistant Superintendent of Police of Paradeep Mr. Nimaichran Sethi, including Sub Inspectors Mr. Ashutosh Hota and Mr. Chinmaya Pany and 4 platoons of armed police, reached Mr. Swain’s house in 10 police vehicles. When HRD’s mother went to open the door, Mr. Hota shouted at her in filthy language. When she and other family members objected to police entering their house, the police broke open the door. Butas many villagers rushed to the spot after hearing the commotion, police beat a hasty retreat. Coinciding with the police raid on Mr. Swain’s house, Gobindpur resident Mr. Prabhat Kumar Rout submitted a written complaint at the Abhayachandpur Police Station. He alleged that at around 2 AM on December 4, 2021, Mr. Basanta Gochayat, Mr. Chuguna Jena and others hurled bombs towards his house and fled on motorcycles towards Dhinkia, and that he saw the miscreants entering Mr. Swain’s house when he followed them. He also claimed Mr. Swain had threatened to kill him in the past, including during demarcation work in Mahala village on December 1, 2021 Abhayachandpur Police Station Inspector In Charge Mr. Pradyumna Behera registered an FIR (125/ 2021) against Mr. Swain, Mr. Gochayat, Mr. Jena and three others on the basis of Mr. Rout’s complaint and directed Sub Inspector Mr. Hota to investigate the case. The accused were charged under Sections 294 (absence of complainant), 506 (criminal intimidation), 307, 34 of the Indian Penal Code and Sections 3 and 4 of the Explosive Substances Act. Around an hour later, at .05 AM on December 4, 2021, Sub Inspector Mr. Hota submitted a written complaint at Abhayachandpur police station. He alleged that while was on his way to Gobindpur village with two other policemen to investigate FIR no 125/ 2021, at 3.20 AM Mr. Swain and 20-25 anti-socials obstructed their way, abused them in filthy language, assaulted them and forcibly snatched Mr. Hota’s service revolver forcing them to retreat. Based on Mr. Hota’s complaint, Mr. Behera registered a second FIR (126/ 2021) against Mr. Swain, Mr. Gochayat, Mr. Jena and others. In all, the FIR named 15 persons as accused apart from 15-20 unnamed others and they were charged under Section 395 (dacoity) of the Indian Penal Code. Sub Inspector Mr. C R Pany was directed to investigate the case. Around three hours later, at 7 AM on December 4, 2021, a third FIR (127/ 2021) was registered against Mr. Swain, Mr. Gochayat, Mr. Jena and others. Mr. Behera, the complainant in the case, claimed that when he along with Sub Inspectors Mr. Swetapadma Dash, Mr. Hota and Mr. Pany and other police personnel reached Mr. Swain’s residence at 4.30 AM to recover Mr. Hota’s service revolver, around 100 villagers who were waiting in ambush attacked them. They pelted stones, abused and assaulted policemen and damaged two police buses, forcing the police to retreat. In all, the third FIR named 60 persons as accused apart from 100 unnamed others, charged under Sections 147, 148, 341, 333, 353, 307, 427, 294, 379, 186, 149, 332, 506 of the Indian Penal Code, Sections 3 and 4 of Prevention of Damage to Public Property Act and Section 7 of the Criminal Law Amendment Act. Mr. Swain, Mr. Gochayat, Mr. Jena and many other HRDs named in the FIRs fear they will be arrested in violation of due procedure and subjected to custodial torture.