Stop witch hunt of activists by Jindal Corporation

To,
Governor of Chhattisgarh
Raj Bhavan, Raipur
Chhattisgarh
Phone: 2331100, 2331105
Fax: 2331108


Honorable Governor Mr. Shekhar Dutt,

We, the undersigned, are alarmed at the news that the management of M/s Jindal Power Limited (JPL) has lodged a complaint of extortion against environmental activist, Ramesh Agrawal. Mr. Agrawal is widely known and well-respected for his tireless campaigns for ensuring the protection of environmental rights of vulnerable communities in Chhattisgarh. This appears to be nothing more than malicious attempt to persecute Mr. Agrawal, silence him and intimidate other public-spirited citizens. We wish to register our dismay that the Chhattisgarh police have entertained this frivolous and vindictive complaint, on the basis of which Mr. Agrawal has been charged with serious, non-bailable offences.

VIOLATIONS BY JINDAL CORPORATION IN TAMNAR, RAIGARH

Mr. Agrawal has played a leading role in highlighting the violations of the Environment Protection Act by M/s Jindal Power Limited (JPL) in the Tamnar block of Raigarh district, Chhattisgarh. Mr Agarwals organization, Jan Chetana, had written to the Ministry of Environment and Forests (MoEF), pointing out that JPL has already started construction on the proposed 4 x 600 MW project for which the Environmental Clearance had not been granted, and hence this construction was clearly in violation of the provisions of the Environmental lmpact Assessment Notification, 2006. Following up on this complaint, the MoEF constituted a team of officials from its Regional office, Bhopal, Chhattisgarh Environment Conservation Board (CECB) and an ex-officer of Chhattisgarh Pollution Control Board (CPCB), which inspected the site on 22nd May 2010, and found that the complaint was indeed correct and JPL has started construction without obtaining prior Environmental Clearance. Consequently, on June 18th, the MoEF withdrew the Terms of Reference (ToR) for the proposed project, and also directed the Environment Department of Chhattisgarh Government to take action against JPL.

CHARGES AGAINST MR. RAMESH AGRWAWAL

A few days after the withdrawal of ToR by the MoEF, JPL management lodged a completely farcical complaint against Mr. Agrawal, accusing him of demanding Rs. 5 crore for not creating a ruckus at a public hearing. The fact that this police complaint has more to do with the MoEF action than the public hearing is evident in the fact that the public hearing took place on May 8th, and the company had ample time to file a complaint after that. However, JPL chose to file this complaint only after receiving the MoEF order against it. Furthermore, the very idea that widespread public opposition to the proposed JPL at Tamnar is not genuine but simply a show orchestrated by a single man, is deeply contemptuous of the local affected populations who have been opposing these large projects at every opportunity.

Mr. Ramesh Agarwal is a widely known and well-respected environmental activist, who has systematically followed proposed plans for setting up new power plants in Raigarh district by many different corporations, and intervened whenever it was apparent that rules were being flouted or that public objections were not being taken into account. It was on the basis of a PIL filed by him, that in 2009, the Delhi High Court made it mandatory for companies to publish their full environmental clearance order in two local newspapers to enable the affected people to access the order and challenge the clearance if need be. Mr. Agrawals contributions towards ensuring public participation, transparency and accountability in governance are immense.

WITCH HUNT OF ACTIVISTS BY JINDAL CORPORATION

JPL has also tried to lodge similar malicious cases against two other environmental activists -- Mr. Rajesh Tripathi, an activist with Jan Chetana, and Mr. Harihar Patel of the Adivasi Kisan Mazdoor Ekta Sangathan. Fortunately, the concerned police officials in these places have, so far, refused to register the complaints, citing lack of evidence.

It should also be remembered that the Jindal Company has a long history of using legal procedures to harass activists who oppose its plans. Not long ago, the Jindal company had filed multiple defamation suits against the aged freedom fighter, Mr. Ram Kumar Agarwal, just because he had been opposing the Jindal Sponge Iron plant in Raigarh for creating widespread pollution. At an advanced age of 80, Mr. Ram Kumar Agarwal was forced to crisscross the country, appearing before different courts.

OUR DEMANDS

We urge you to recognize the vulnerability of activists and ordinary villagers to intimidation, harassment and attacks by large corporations and offer them some protection against it. Keeping in mind the undue influence exerted by large corporations on local administrative machineries, we ask that you:

1. Direct the police force to conduct a fair and impartial enquiry into the complaint, and refrain from undue harassment of Mr. Agrawal and other activists in Raigarh, their organizations, families and friends.
2. Ensure that plans for extractive industries in scheduled areas, such as the Tamnar block of Raigarh district, which are directly under your governance, meet all the requirements laid down by the government for environmental protection, and are passed only after obtaining consent from the affected people of the area as mandated by the PESA Act.
3. Pay attention to the concerns voiced by affected people in public hearings that have been repeatedly suppressed by the statutory pollution control bodies in order to favour big corporations, giving rise to critical levels of pollution in Raigarh, Korba etc.