About the Human Rights Defenders:

Ms. Sarita, an advocate associated with Human Rights Law Network, is a well-known human rights defender in Odisha. Mr. Pradipta Satpathy, Ms. Kali Swain, Mr. Manas Kar and others active members of JSW Pratirodh Samiti, which is spearheading the movement against JSW Utkal’s proposed steel complex in Odisha’s Jagatsinghpur district. They have participated in numerous peaceful, democratic protests demanding scrapping of the project, and have also filed appeals regarding police repression and eviction in the project area in Odisha High Court.

Background of the incident: JSW Utkal plans to construct a 13.2 million tonne per annum steel plant with captive jetty, thermal power station and cement grinding unit in Jagatsinghpur district of Odisha. But villagers residing in the area fear the project could cause loss of livelihoods and environmental degradation, and have been participating in a peaceful movement demanding its discontinuation. In November-December 2021, peaceful protests by villagers intensified , after the state government approved the creation of two new revenue villages in the project area, which locals feared was a ploy to fracture their movement. In subsequent weeks, police registered over 27 fabricated cases against villagers, arrested them without due procedure, and lathi-charged unarmed protestors without any provocation on several occasions, leaving many seriously injured. Three PILs were filed in the Orissa High Court regarding these police excesses and reprisals, and sought direction to the authorities to withdraw all fabricated cases against villagers, as well as the police force stationed in Dhinkia panchayat. HRDA has also filed multiple appeals before the NHRC regarding these violations. On February 16, 2022, the three PILs were taken up for hearing by a division bench of the Orissa High Court, which ordered counsels Mr. Prasanta Kumar Jena, Mr. Omkar Devdas, Mr. Sukanta Kumar Dalai and Additional Government Advocates, Mr. Debakanta Mohanty and Mr. J. Katikia to visit Dhinkia on February 19, 2022, and file a joint report.

Details of the Incident: On February 19, 2022, the High Court-appointed committee reached Dhinkia village to hold an enquiry on people’s opinion on the project around noon. Prior to their arrival, police organised a flag march in the village and threatened residents including petitioners Ms. Kuni Mallick and Ms. Santi Das not to say anything against JSW or the police and administration.

Meanwhile, goons backed by JSW captured entry points to the meeting venue and attacked those who gave statements against the company. Videos of the incident showed villagers being dragged, beaten, slapped and violently assaulted by the rival group in the presence of the high-court appointed committee. The district administration and police failed to ensure security of the villagers. As many as five villagers, including two women and one child, were seriously injured in the attack by JSW goons. These attacks took place in the presence of senior police officials from the Abhaychandpur police station – namely IIC Mr. Jibananda Jena and SI Mr. Ashutosh Hota. Senior police and administrative officials of the district, including Additional SP Mr. Nimain Sethy and Erasama Tehsildar Mr. C Pragyananda Das, who reached the spot after the incident, also took no action against the assailants. The police registered three FIRs against villagers opposed to the project who were present to meet the court-appointed committee, claiming they assaulted fellow villagers and police personnel, and abused them using casteist slurs. The complainant in FIR no 77/ 2022 was Mr. Jibananda Jena, IIC, Abhaychandpur PS. He claimed that on February 19 at 12.30 PM, when the court-appointed committee was visiting Dhinkia, Mr. Manas Kar, Ms. Kali Swain, Ms Sarita Bardhan (a misrepresentation of Ms. Sarita from HRLN), and six other named accused along with 10-15 unnamed others created disturbance, assaulted other villages and abused them in casteist terms. The accused were charged under Section 160 (committing affray) of the Indian Penal Code and Sub Inspector Mr. Ashutosh Hota was assigned as Investigating Officer in the case. The complainant in FIR no 78/ 2022 was Dhinkia resident Mr. Jogendra Malika. He claimed that Mr. Manas Kar, Mr. Pradipta Satpathy, Ms. Kali Swain, Ms Sarita Bardhan, and six other named accused along with 50 unnamed others assaulted him and other villages and abused them in casteist terms. The accused were charged under Sections 341, 323, 294, 307, 34 of the Indian Penal Code, and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ ST Prevention of Atrocities Act. Deputy Superintendent of Police Mr. Rashmi Ranjan Sahoo was assigned as Investigating Officer in the case. The complainant in FIR no 79/ 2022 was Dhinkia resident Mr. Akshaya Behera. He claimed that when he and some others were on their way to meet the court-appointed committee, Mr. Pradipta Satpathy, Ms. Kali Swain, Ms Sarita Bardhan, and five other named accused obstructed and abused them, assaulted them with stones and threatened to kill them. The accused were charged under Sections 341, 323, 294, 324, 307, 34 of the Indian Penal Code and Assistant Sub Inspector Mr. JN Patra was assigned as Investigating Officer in the case.