SHAMIM MODI Vs. SUDHA CHOWDHARY DISTRICT COLLECTOR BETUL

JUDGEMENT

(1.) THE petitioner has filed this Public Interest Litigation to protect the rights of tribals residing in the Tribal Village Ghorpodmal in Bhaisdehi Tehsil in the mohada forest range in the West Betul Forest Division in the State of Madhya pradesh.

(2.) THE petitioner is a Psychology graduate from Jesus and Mary college, Delhi and holds a Master's Degree in Psychology from Lady Ram college, Delhi. She did her M. Phil in Social Science from the Tata Institute of social Science, Mumbai and graduation in Law from the Barkatullah University, bhopal and thereafter became a Project Officer of OXFAM (India) Trust, a british Funding Agency in 1991 -92. She has stated in the writ petition that while working as Project Officer of OXFAM (India) Trust, she got an opportunity to serve in the tribal areas of Madhya Pradesh and she was shocked to find the pathetic conditions in which the tribals are living and she has therefore formed an organisation of the tribals called the Shramik Adivasi Sangathan (for short 'the Sangathan') for the welfare of the tribals.

(3.) THE petitioner has alleged in the writ petition that the Beat Guard, deputy Ranger and the Ranger of the Forest Department of the Government of Madhya Pradesh have been threatening the tribals of Ghorpodmal village of dire consequences if they do not restrain from participating in the activities of the Sangathan. She has alleged that on 17th July, 2004 at about 11. 00 p. m. , fifty armed personnel of the Police and the Forest Departments marched through village Ghorpodmal and created havoc. She has alleged that these personnel of the Police and the Forest Departments were armed with rifles and most of them were drunk and they came in 6 to 7 jeeps, 7 to 8 motorcycles and abused the tribals in foul language. The petitioner has further alleged that these armed personnel of the Police and the Forest Departments entered Soma Korku's hutment and on being told by his wife Sukhiyabai that Soma was not present, the drunk intruders started molesting two tribal women, Sukhiya Bai and Mundli, and when the women protested vehemently, they were beaten up with the butts of rifles. She has further alleged that these assaulters went on rampage and started assaulting anyone and everyone in the night and in these circumstances, the villagers got panicky and in self defence started pelting stones at the assaulters and they left the place. The petitioner has also alleged that the Police personnel then registered a false case of dacoity and attempt to murder against 13 tribals. To avoid arrest and fearing further assault, the 13 tribals had to run from pillar to post and could not harvest their crop or do any other labour and also could not handle their responsibilities towards their family members.