Sunday, December 20, 2015

Fact Fidning Team report on Sr Valsa John murder

Fact Finding Team demands Judicial enquiry CBI probe into murder of Sr. Valsa John in Jharkhand coal mines area
New Delhi: A Fact Finding team that went to the Pachwara coal mines in Jharkhand leased by the Punjab State Electricity Board has demanded a Judicial Enquiry or a probe by the Central Bureau of Investigations into the murder of Catholic Nun Sr. Valsa John on 15th November 2011, as also into the scenario of violence in the area which has in recent times seen more than three violent deaths, police firing and deep rooted unrest amongst the Santhal Tribals.

The fact finding group was shocked at the apathy of the authorities and the control that the management of the mines have gained in the region where human rights groups have tried to assert issues of identity and the Tribals’ ownership of the land which has been taken away from them.

It is to was also told by the people/ villagers that prior to this killing, in Panchwara several villagers namely Vijay Hembrom, Joseph Soren, Raghuvir Ray, were killed as they were with the people protesting and later their death was dumped as mere accidents.

As Sr. Valsa was killed apparently in the context of her uniting and moiling the Tribals in opposition to the mining in the area and then for ensuring that they got their due rights by way of rehabilitation, the fact finding team, has also demanded the judicial enquiry or CBI probe go thoroughly into the entire circumstances in which the mine was leased to the PSEB and its private partner, and the role, if any, of the coal mafia.

Posthumously, Sr. Valsa is being vilified by vested interests who need to be identified and their role investigated. There has been  a concerted effort in the local Hindi media to cast aspersions on her integrity and even her character. It is important that deep investigations are carried out not just into her murder, but the grassroots situation and events since the mine was leased out by the government.

While commending the church for its grass roots identification with the plight of the people in remote areas, the Fact finding team has also called on the State authorities to give proper appreciation to the work of Nuns, religious brothers and Fathers who are working among tribal’s and rural areas to ensure their safety and security.
The following is the text of the report of the Fact Finding Team:
Fact Finding Team report demands Judicial enquiry CBI probe into murder of Sr. Valsa John in Jharkhand coal mines area
A Fact Finding Team consisting of: Dr. John Dayal, Member, National Integration Council, government of India, Sr. Mary Scaria SCJM, Advocate, Supreme Court, Sr. Helen Saldhana, Secretary, Women’s Commission, Catholic Bishops Conference of India, and Mr. John Mathew, photo journalist and photographer, reached Jharkhand on the 6th January, 2012, to do an on the spot study of the situation and the events surrounding finding the murder of Sr. Valsa John SCJM in the colliery area of village Pachwara in Pakur district of Santhal Pargana region.

1. BACK GROUND

 Sr.  Valsa John was brutally murdered in the night of 15th November, 2011 in a mud-and-thatch house where she was staying in Panchwara Pakur District, Santhal Pargana, Jharkhand,.

Sr. Valsa was born in Kerala. She graduated from college, and after a course in Teachers Training, she joined a school in Edappally, Kochi, Kerala .Inspired by the life of the missionaries and the struggles of the poor in North India, she opted to join the religious order of “ Sisters of Charity of Jesus and Mary(SCJM) ” which was pursuing such work. She opted to work among tribals, especially the women, children and the poorest of the poor in remote villages in Pakur District of Jharkhand. She worked in the tribal villages for about 12 years.

Events came to a head when the farmlands of the tribals were leased/ allocated to a coal mine jointly owned by the Punjab State Electricity Board and a Calcutta based company PANEM Coal Mines Pvt Ltd Company which held two thirds of the shares. The joint venture company was given a 40 year lease on the land.

Inevitably, Sr. Valsa’s work shifted to the struggle of the people who suddenly found themselves displaced.

Barring a brief hiatus, she stood by them till her dying day.
            
2. Known Facts of the case:

On the night of 15th November 2011, a crowd of near about 50 people, armed with traditional weapons came at around 10.30 pm and surrounded the house where Sr. Valsa was staying after her recent return from Kerala. First they tied the few youth who were present in the premises. Then they entered the house and dragged Mr. Sonaram Hembron, the owner of the house, and threatened to kill him if he did not hand over Sr. Valsa to them.

They thrashed him and barged into the house. At first they did not find the Nun and they moved out. The Fact Finding team was however told by local women that somebody from the entrance of the mud house called out to say that he saw her at 4 pm the same day. The mob returned and searched again. They found Sr. Valsa under a bundle of cloths and a mat behind a box. They dragged her out, slashed her mouth and neck with apparently a machete and axe. According to the members of the family staying in the house, no sound came from  Sr.  Valsa.

The Fact finding team was told two of the killers got in the waiting jeep and drove off while the others took route to escape from the crime scene . It is said that there were outsiders -- other than the villagers -- who were involved in the murder, though it was not clear if anyone from the village or nearby hamlets had been seen with the killer group. The entire operation was completed in 3-5 minutes.

The Fact Finding Team has been told seven young men are in police custody.

According to the eye witnesses, the killers were associated with the PANEM Coal Mines Ltd. As sub contractors in the movement of the coal to the railhead and similar operations.

It  was also told by the villagers that prior to this killing, in Panchwara several villagers namely Vijay Hembrom, Joseph Soren, Raghuvir Ray, were killed as they were with the people protesting and later their death was dumped as mere accidents.

3. Sequence of events:

3.1. The build up to the murder:
Since the early 2000s, the Panem Coal Mines Pvt. Ltd, a project of Punjab State Electricity Board (PSEB) and Eastern Minerals and Trading Agency (EMTA) from West Bengal, had been trying to acquire land for mining operations in the coal reserves of Pachwara and 32 other surrounding villages.
Sr. Valsa John, who had been staying in Panchwara since 2000, and prior to that in Jiapani, Amarapada tried to help the people to organize themselves against the coal mining company acquiring the land of the villagers. Sr. Valsa took up the cause of tribal people displaced by mining around Pakur, about 400 km (250 kilometers) north-east of the state capital Ranchi.
Sr. Valsa John was patently a person with total dedication to the cause of the poor tribals. This is borne out by the testimony of the local people of the Santhal community, which is one of the biggest communities in the area. Sr. Valsa learnt the language of the people and spoke fluent Santali. Her women colleagues among the local tribals said she tried to provide a new direction, encouraging them to take up organized farming and to fight social evils.
3.2. The survey of the village land, Pachwara and the birth of a movement:

Sr.  Valsa suspected something foul during a land survey in the village Pachwara. The survey team could not satisfy her queries and that made her to go out for more information. A total of 1151.70 acres of land was to be acquired for the captive coal mine for the Punjab Electricity Board. More than half of this (674.2 acres) was agricultural land – an alarming situation as agriculture being the mainstay of the life of the Santhals.  A large scale displacement of many families were  to follow with no clear terms of compensation defined.

Educating and sensitising the people in their rights, Sr. Valsa was able to build a movement from the scratch. It was called Rajmahal Pahar Bachao Andolan (RMPBA), after a mountain held holy by the tribals.

The team gathered from the villagers and Church groups   that Sr. John specifically organized the local people to protest against the exploitation by the coal mafia. She had the support of other social activists like Majhi Haddam, the traditional administrative Headman of the Santhal tribe, who worked to organize the Community.  Her actions marked her out in the eyes of the coal mafia.

3.3. Various stages of the Movement

The Rajmahal Pahar Bachao Andolan (RMPBA) faced many ups and downs. The Administration and they tried every trick in the book to weaken the Movement. They offered the village youth with lucrative offers with the sole intent to disrupt the protests. This divided the tribals into pro- and anti- Panem factions. But the basics of the Movement were strong and the pro-Panem faction couldn’t achieve much.

Further came the arm-twisting of the administration to exploit the legal machinery. Multiple cases were imposed on key persons of the Movement including seven cases against Sr.  Valsa John. Valsa and many others had to leave the village for the forest for more than a month. The Movement remained intact and gained attention from every quarters, media, politicians, locals and activists.

The Fact Finding team was told the displaced poor people failed to get justice from all corners including High Court and Supreme Court. Moreover they were harassed by the mining company, police and the administration to withdraw their protest. Sr.  Valsa was a major obstacle for them. She courageously stood and supported the movement of the people and their efforts against the coal miners.

3.4. Memorandum of Understanding (MoU)

It was also told to the team that when people could not withstand such harassments they were forced to make an agreement (MoU) with the company at last.  Sr.  Valsa had a decisive role in formulating this agreement to protect the interests of the people, and making the company to accept it.  Sr.  Valsa saw that the MoU Monitoring Committee (MC) consisted of two representatives from each village, three from the movement, three from the traditional leadership and three from the Company itself. Thus the Committee (MC) was consisted only of the Project affected persons and the Company and no one from administrative and political side.

Relentless struggle and persistence of the Movement finally brought the Panem management on the discussion board resulting it in the December 2006 Agreement. Although the MoU was signed in 2006, the Company did not do justice to the people as per the MoU. That led to tension mounting and the protest continued in the area. Under the leadership of Sr. Valsa the local people had led agitations against the PANEM coal mines located in Alubera and Panchuara areas under Amarparda block Pakur district, in 2005, 2006 and she was arrested in 2007 but she remained steadfast .

Sr. Valsa tried her best to bring justice to the displaced people as per MoU. Along with the people she demanded honest implementation of MoU. She urged the Company to establish schools for the displaced children for their education as per MoU. She demanded compensations like alternative agricultural lands, employment to local youths and proper drinking water etc.

4. Team with the Nuns of Sr.  Valsa’s Congregation at Jiapani

The Fact Finding team visited to the SCJM sisters  Convent at Jiapani. Although the Nuns there were hospitable, they did not provide any information. This was rather disappointing. The team felt that they were either afraid of the consequence as they are living in the vulnerable area and giving any information may have future repercussions to them as well as their work and service to the people around, including the help to the poor students.

The Nuns said once in the past, around 2006 and 2007, barricades had been put up in the village and Sr. Valsa had “guards” around her with traditional weapons who would not allow anyone to meet her. Even the Nuns were not allowed to meet Valsa. Questions arise as to who was threatening Sr. Valsa for the villagers to offer her such protection. The Superior of the Convent said she went to the police to claim the body of Sr. Valsa after the postmortem examination.

The nuns said the PANEM company was helping them with scholarships for the poor children in the institution for their education.

 4.1. Team with PANEM Officials

The Team reached the PANEM office around 10 a.m. on 7th January, 2012 no high officials were in the office yet. The office had as statue of the previous Executive Director who had been shot dead in the mining area some time ago. The tram asked to see the incumbent Executive Director (ED) . The watchman took the team members into the offices. While waiting for the officer, the team was met by one Mr. Srivastava who introduced himself as the Human Resource Manager. He said the PANEM Company had begin mining in 9 villages of Pakur District. The company, he  said, saw that the people get all that they need. He said he met Sr. Valsa once or twice on his routine visits to the village. Earlier, junior staff at the mine’s office told the team that Sr. Valsa had come to the office several times.

Mr.  Nirpender Kumar (ED ) arrived in the office after his prayers. He had a long bindi on his forehead, which endorsed that he was praying. On hearing that the team had come to find out more about Sr. Valsa, the ED made a quick call to someone – possibly the police – and enquired about the status of the case.  According to him he had never met  Sr.  Valsa but read the news about her brutal murder in the newspapers.  `It was unfortunate. She was doing a good work for the people,’ he told the team.

He narrated how well the Company had been working for the welfare of the people . They are paying the compensation, the villagers are given education, the locals children are sent to different places for education and the company is paying their fees. The company, he said, had given an ambulance to each village for taking people to hospital  in case of any emergency.

As there had been a lot of rumours on the nuns integrity in some of the print media and allegations that she been taking the money and she was working for the company  [Mr. Simon Marandi MLA had been quoted by the Times of India saying Sr. Valsa “paid wither life for her greed for money”] the team asked the Panem officials whether she was dealing with compensation money. The  ED denied all such allegations about her. He said there was no cash dealing between the Sr. Valsa and the company. The money was given to the people by cheque and they went to the bank and encashed them in person. Sr.  Valsa had nothing to do with the money. She never received any money as salary even for teaching in the school.

 The ED, HR manager and other officials took the Fact Finding team to the site of the mine and told them the process of taking out the coal from the seam under layers of earth and rock. Also present were a few men there who looked like perhaps government officials who said they were scientists from Dhanbad, who came there to look into the possibilities of safe blasting of the mine. They left post haste once they discovered the identity of the fact finding team.

4.2. Team at Panchubera Village -

On visiting Panchubera, the team were led to the house where Valsa lived. The few villagers in the area looked frightened and timid. The team talked with the people as some of them knew Hindi to converse.
The team was told they would be able to meet a girl who had been raped, and whose case Dr. Valsa had taken up with the police. [One theory was that it was because she had espoused  the girl’s case, that Sr. Valsa had been killed  by friends of the alleged rapist. The girl had been called to the police station and was therefore not present, but the team met her mother who was still in shock.

4.3.  Sr.  Valsa’s Home and Life style

The people there then led the team to the little mud house where she was living. It is a very small room, in a traditional village hut, which was plastered with cow dung. It had no windows. The neighbours got a oil lamp so that team members could see inside the room where Sr. Valsa was killed. Her blood still stained the mud wall although no blood was found on the floor as the family has already cleaned up the floor.

In one corner of the house there were a few small utensils, also a small cot, and a mat made of bamboo leaves, on which she used to sleep. The company had offered a concrete house for her but she refused to accept it as she preferred to live and share the life of the poor people by living in their huts, a woman who had known Sr. Valsa, said .

The women the team met were heartbroken and were weeping. “We lost our didi’ they told the team. They are terrified and intimidated; They told the team that they lost their `himath’(strength). “ hum darte hai , abhi hamare pas kyoi nahi he hame chalane keliehe (We are afraid and we have no one to give the team the lead the team)” . Ek din veh hame bi marenge (One day they will kill us too) . Bahuth log chale gai hamare group se kyoke ki sub ko company pasise de rahi hai’  {many people have left our group because the company is giving them money], said one of the women. The team was also told that the former pradhan whose house  Sr.  Valsa was living early had thrown her out when she confronted his son who already joined the coal company and have already bought three dumper trucks and had given them on hire to the company for transportation of the coal from the mine to  Dhanbad and Asansol railheads. People said that he already has built a big house. His becoming rich suddenly paved way for other group members to also fall prey to PANEM’s offer for a better life if they live the village and joined them
4.4. Sr. Valsa John’s belongings.
The team also found a trunk, which was kept outside the room of Sr. Valsa .The villagers said the trunk belonged to the family, which was given to her for her use. A few books, and a copy of the Constitution of India was also there.

4.5. Meeting with Church personnel

The Church personnel that the team met did not provide any information except most of them felt that there was some one behind the murder. A number of the Church people vouched for Valsa’s commitment and integrity while some refused to say anything. The church personals also told the team that the mafia threatened her several times. She had to live in thick forest for long time. Bow and arrow wielding tribals were her body guards. They kept on accompanying her. Once she successfully completed the literacy campaign in a village she used to move to another hamlet.

5. Valsa was under constant threat from PANEM Company

The team was told Sr. Valsa had been under constant threat, possibly people associated with the PANEM Company. This was known to many people. The Superintendent of Police has confirmed that she had filed an FIR three years ago where she reported that she was facing threats. This instance had been already in the print and electronic media. The team felt that there was culpability of the police machinery, who knew the life of the Sr.  was in danger did not take any action either to launch an investigation or to provide her protection.

6. Post murder developments:

The team feels that after such a brutal murder of  Sr.  Valsa the police and administration is trying to mislead the nation public attention through various means. The police, State and some sections of the media are trying to pass the blame on Sr. Valsa herself. The police has also not shown any zeal in questioning company officials.  The current focus is on the rape case of one as Sr. Valsa was going to see the police in connection with matter on the 16th November, 2011.

The team was perturbed to learn from many local people that after the murder of the  Sr.  Valsa, PANEM personnel had been the first ones to be on the scene of the crime even  before the police arrived. Someone from among them had taken away the registers which  Sr.  Valsa used to maintain with meticulous details of the recipients/villagers receiving compensation for the acquisition of their land.

It is intriguing why the police and the mine company want the general public to believe that the Maoist are behind the murder. When there were more than 50 people reportedly  involved in the brutal murder, the police has so far able to arrest only seven persons.

The team was also told that the pamphlets showing Maoist owning responsibility for killing Sr. Valsa was also brought to the police reportedly by the PANEM officials.

Several important questions arise and they are :

(i)             Why did the PANEM officials rush to the place of murder and why did they take away the register immediately she was done away? What could have been the reason – whether there would have been evidences that would go against them?
(ii)           Why did the Panem official take the “Maoist” placard to the police? It is to be presumed that no one will pick up anything from the crime scene till the panchanama / police report is being done by the police.
(iii)          Where does/ who has hidden the weapons used for killing  Sr.  Valsa?
(iv)          Who may have used the locals to kill Valsa ?
(v)           Why the team was not allowed to meet the rape victim, who may have given the team some firsthand information?
(vi)          Who did the Panem ED Panem phone from his office calling up to the PS while we were there and enquiring about the progress of the case ? Was it an indication given to the police that the team should not be allowed to meet the rape victim , who may tell the team some inside story ?
(vii)        Why did the local boys rape the girl , at that particular day ? because the girl was in the village moving along with the same people , and why the police refused to take down her compliant which forced Sr.  Valsa to seek an appointment with the SP on the 16th November? Was there a nexus between the police and the administration and the PANEM officials?
(viii)       Why the investigation is not moving?
(ix)          Are the local administration attempting to suppress the truth by intimidating the villagers and anti-displacement activists?

7. Our Finding

After listening to various people, the church personals, the nuns, company, the villagers, the administration   and seeing the places for ourselves the team is forced to make the following findings/ conclusion:

(i)              Sr.  Valsa had become an eye sore to the coal mafia also the administration as they were able to win over the innocent people with by gratifying them with dumpers/ money, etc..
(ii)            Sr.  Valsa was a hindrance to their furtherance in the mining as they are planning to acquire more lands of the tribal’s which is already began and  Sr.  Valsa may have come down on them heavily with the terms and conditions of the MoU that they have signed between the company and the movement.
(iii)          The company realized that as long as  Sr.  Valsa is there the people cannot be displaced easily and cannot be cheated
(iv)          The administration and the MLA seem to be hand in gloves with the company in all things.

The pervasive nexus between powerful mining company and the State machinery has resulted in a lackadaisical investigations into the murder of a Catholic Nun  who had worked for protecting the rights of the people and  restoring them their human dignity

The Fact Finding team condemns the barbaric murder of a religious Sister who committed and devoted her whole life for the poor.

The Fact finding team demands:

1.     Justice to Valsa by the immediate arrest of the real culprits and posthumous restoring of her dignity and reputation.
2.     Initiate criminal proceedings against the police officers who failed in their  duty to save Sr. Valsa knowing her life was in danger and she was apprehensive of her security.
3.     A judicial enquiry and at least a probe by the Central Bureau of Investigations into the murder d circumstances surrounding the entire case.
4.     Follow and abide by the terms and conditions enlisted in the MoU signed between the PANEM Company and the Rajmahal Pahar Bachao Andolan (RMPBA).
5.     A white paper on the allocation of tribal land to mining companies.





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