Fear meant Naxals first, terror Act later

To bolster their case against the contractors, the police also used POTA to hold three ‘Naxalites’, including two women. Charges were also slapped against some other ‘Naxalites’, their sympathisers and aides. Of these, Dalam (squad) commander Bakanna and local NCP leader Suresh Poreddiwar’s brother Vijay were said to absconding.

With 16 POTA offenders, Maharashtra under Congress became one of the big POTA-users.

For months, the state government had dithered over its use. Finally, when it granted permission for the chargesheets which the police had filed in anticipation against the accused, four of the five tendu contractors were out on bail.

Ordering the release on bail of tendu contractor Mohammad Gausuddin, the Nagpur bench of the Bombay High Court made the observation that it was necessary for police to get prior government permission before chargesheeting the accused.

The HC also said that the government shouldn’t waste time in giving requisite permission. Although it issued some guidelines to prevent POTA misuse, the court never said Gausuddin’s was a case of POTA misuse.

In fact, during an earlier bail hearing in the case of three other contractors, another High Court bench upheld the validity of the application of POTA on the basis of confessions of the co-accused.

The trio — A Naim, Khwaja Moiuddin and Alimuddin — were later granted bail on technical grounds. The only bail plea that now remains to be discharged is that of contractor Kamlakar Hollala.

Curiously, the state government, while giving the long-awaited nod earlier this month, kept Gausuddin, Naim and Poreddiwar out of it. The police have been told to verify if they really have enough evidence against these three.

The lawyers concerned aren’t sure of the fate of the cases in the wake of the delayed permission. ‘‘We will have to first read the entire judgement before we are in a position to say anything,’’ they said.

The police maintain that they want to snap the Naxalite finance link. Their contention is that tendu contractors give hefty sums to Naxalites in exchange for safe passage in the jungles.

The police had booked the contractors under POTA sections relating to the booking of those rendering financial assistance to terrorists and terrorist organisations and also those participating in or associated with terrorist activities.

‘‘In Gausuddin’s case, the Gadchiroli police have claimed that he had participated in a meeting where Dalam leader Bakanna was present,’’ government pleader Bharati Dongre said.

Police claim Gadchiroli Naxalites earn nearly Rs 15 crore per season from tendu contractors. Large sums are also received from bamboo-cutters.

The police have also warned large paper mills to stay away from the Naxalites. The police say if they can cripple the finance sources, it will be tough going for the Naxalites.

But there’s another side to the story. The Gadchiroli police had been stripped off special preventive powers after killing a youth Chinna Mattami in February 2001 and for carrying out ‘‘coercive’’ search for Naxal sympathisers among tribals. POTA’s enactment was godsend for the police.

PART III: A handy weapon to settle political scores in Jaya’s state
PART II: A 14-yr-old tells you what POTA means to the poor
PART I: POTA fact: Jharkhand has a lot more terror than J-K