Fact-finding Report on Alleged Torture of Charulata Mohapatra against Subas Mohapatra, Human Rights
Activist, Odisha
1.Background
On 7.8.17, in
an impromptu Press meet organised in Bhubaneswar, capital city of Odisha, Charulata Mohapatra, claimed to be wife
of Subas Mohapatra, Human Rights
Activist alleged that Sri Mohapatra had
married her following vedic rites and rituals on 29th January, 2003. After 15 days of marriage, he
and his mother started torturing her and demanded more dowries from her
parents. Subas carried her to Chhatisgarh and continuously tortured her and after 3 months of marriage, when she was pregnant, Subas sent her back to her parental house. Since that period,
he is not in touch with her. Though he is blessed with a girl, Subas has never
come to meet his daughter. Charulata also further alleged that without divorce,
Subas married another girl Akriti Das in Raipur. That marriage also did not last. Akriti had
filed a case in Raipur Mahila police station and Subas was also arrested during
that time. In the meantime, Subas had third marriage and staying in Bhubaneswar
with his wife and two children. Findinging very difficult to sort out the
issues with Subas after long persuasion by her parents, Charulata filed
maintenance case in Puri family court.
The Court has disposed the case and directed Subas Mohapatra, husband to
pay Rs. 3,000.00 per month. But Subas
has been ignoring the order of the Family court. When she lodged complaint to
local police station, Subas along with another unidentified person abused her
with slang language and threatened to murder her, unless she withdrew the case.
Having heard
the news about allegation of a lady against Subas Mohapatra, a known Human Rights Activist, the Activists’
groups got astonished, expressed their
concern and wanted to find out fact
which prompted to form a fact-finding
team for a thorough investigation into
the whole episode.
2.The Members of Fact-findIng Team
A.
Pradip Pradhan, RTI Activist,
Team Leader
B.
Sri Sudhir Mohanty, Advocate,
Odisha High Court
C.
Sri Ashok Nanda, Social
Activist
D.
Smt. Sanjukta Panigrahi, Woman
Activist
3. The issues before the Committee
a.
To ascertain the fact about
allegation of torture made by Charulata Mohapatra against Subas Mohapatra.
b.
Circumstances or compulsion, if
any leading to organise impromptu Press Meet by Charulata Mohapatra in
Bhubaneswar on 7.8.17.
c.
Timing and necessity of the
Press Meet in Bhubaneswar and how it was thought of that this Press Meet would help the victim to get justice.
d.
Why FIR against Subas Mohapatra
was filed in Kanas Police station on
7.8.17 at 9.50 PM after press meet when the incident occurred on 6.8.17 at
7 PM.
e.
Involvement and interest of
Mamata Samantaray of State Progressive Women Forum in this case.
f.
Exploring possibility of
intervention of, if any required by Activist Group and taking stand on it.
4. Materials collected and relied by the Team
a.
Copy of Press Release
circulated in Press Meet organised by Mrs. Charulata Mohapatra on 7.8.17.
b.
Copy of Judgement of District Judge court on Divorce petition of
Subas Mohapatra,
c.
Copy of Judgement of Family
Court on Petition of Maintenance filed by Charulata Mohapatra.
d.
Copy of FIR filed by Akriti
Das, second wife of Subas Mohapatra wh ich was produced by Mamata Samantara and Basant Mohapatra, father of Charulata Mohapatra.
e.
Proof Of AirTicket
that Subas Mohapatra was in New Delhi
5.
Persons interviewed
a.
Basant Mohapatra, Father of
Charulata Mohapatra, victim
b.
Laxmipriya Mohapatra, Mother of
Charulata Mohapatra
c.
Mamata Samantaray, Chairperson,
State Progressive Women’s Forum , Bhubaneswar
who helped Charulata to organise
press meet in Bhubaneswar
d.
Subas Mohapatra, Human Rights
Activist against whom allegation has
been made.
e.
Some villagers accompanied the Team during
their visit to residence of Mrs Charulata
Mohapatra.
6.
About Subas Mohapatara
As we know, Subas Mohapatra is a leading Human Rights Activist working on
human rights issues since few years. He
belongs to Kalamati, a village under Gadishagada police station of Kanas block
of Puri district. Presently, he is
working as Convener, National Campaign for Ending Corporate Abuse. He has filed a lot of cases of human rights violation in National Human
Rights Commission, State Human Rights Commission and UN Bodies. Recently Sri Mohapatra has come to
limelight and drawn attention of public
due to his filing
of Case
no. 92/2016/EZ in National Green Tribunal, Kolkata against Kalinga
Institute of Industrial Technology (
KIIT) and Kalinga Institute of Social Science (KISS), and its founder Achyut
Samant for illegally grabbing precious forest land in Bhubaneswar
and obtained order of NGT on 21st
March 2017 to State Govt.
to demarcate and acquire the land and undertake fencing around the land. It deserves to be mentioned here that As per
CAG Report, more than 100 acres of land has been allotted to KIIT by Dept. of General Administration
and IDCO, Bhubaneswar. Leasing out of 82 acres of land is illegal and acquired
by Achyut Samant through fraudulent means. Besides that, as per RTI information, Sri Samant has also
acquired around 30 acres of forest
land illegally without any permission from Dept. of
Forest and Environment , Revenue
and Disaster Management Dept. of Govt. of Odisha and Ministry
of Environment and Forest, Govt. of India. Secondly, Sri Mohapatra has also filed another
case Writ
Petition Case No. 12392/2016 and Misc. case 13575/2017 in Odisha
High Court against Sri Nabin Patnaik, Chief Minister and President, Biju Janata
Dal for using Hawala money during
election. Hearing the case, the High
Court has already issued notice to Election Commission of India to enquire into
the allegation against Sri Nabin Patnaik.
BJD team quite disturbed over the allegation and case filed by Subas
Mohapatra in High Court. Since day 1
of filling of case, both Nabin Patnaik, Chief
Minister and Achyut Samant, founder, Kalinga Institute of Industrial
Technology (KIIT) and their coterie are trying hard to conspire and
demoralise Subas Mohapatra by booking
him on false case or take any extreme step against him which
was reflected in a national TV
Live discussion in which Pinaki Mishra,
MP openly threatened him of dire consequence.
7. Visit of Fact-finding Team
In this
backdrop, on 14.8.17, the 4-member Fact-finding Team visited Kanas block
headquarter to meet Charulata Mohapatra, wife of Subas Mohapatra. After
reaching in their home, the Team briefed the parents of Charulata Mohapatra
about purpose of their visit and
wanted to meet her. Intitally, we were told that Charulata would meet us and later on
the parents said that she had gone to Bhubaneswar. The Team could not
get opportunity to meet Charulata. However, her parents responded all the queries
of the Team and shared details of information about incident of disturbance, conflict,
suffering of her daughter, pain and agony experienced by them since 13
years etc. The gist of discussion with parents of
Charulata Sri Basant Moapatra, father and Laxmipriya Nayak, Mother is as follows.
“ This was
arranged marriage and solemnised on 29th January, 2003. Prior to marriage, the parents were appraised that
their groom is highly educated
and working in NGO in Chhatisgarh. Subas
had demanded dowry of Rs. 1 lakh.
Basant Mohapatra had given Rs. 70,000.00 and assured him to give rest
amount Rs. 30,000.00 after arrangement.
After 15 days of marriage, Subas started torturing her wife Charulata to get
rest of dowry money. Smt. Charulata returned back to her home. However,
Basant Mohapatra, father-in-law gave
rest amount by selling landed property and sent her daughter to father-in-law’s
house. After few days, Subas Mohapatra, son-in-law started again torturing her.
Finally she returned back to home. At that time, she was pregnant. Since
then, Charularata had not
gone to her in-law’s house. However,
the parents of Charulata and their family members have taken several attempts
to resolve the issue and pursued Subas for amicable settlements, but in vain.” At
last, after eight years, Charulata filed an FIR
of physical torture, harassment
and dowry torture against Subas
Mohapatra in Gadishagada police station
under Kanas Block in 2011 ( Case
No.-15/2011 dated 14.2.2011. The case was registered under section 494,109,
406, 498 of IPC. Subas was arrested by police and forwarded to jail.
The team
members were presented few documents along with Court order. While reviewing the Court order, the Team
members found that that Subas Mohapatra had filed a divorce petition case no.
418/2003 on 4.6.2003 in the court of S.D.J.M., Puri which was rejected on 10.4.2007. Then Subas filed Appeal petition case No. RAF
54/2007 which was rejected by District Court on 25.10.2013. So the Court has not accepted the divorce
petition of Subas Mohapatra. Charulata still enjoys the status of wife of Subas
Mohapatra. On the other hand, Charulata
has filed a Maintenance case No. CRP-29/2011 on 14.2.2011. The Family Court,
while disposing the case on 15.9.2011, directed Subas Mohapatra to pay maintenance at the
rate of Rs. 3,000.00 per month to
Charulata Mohapatra and his daughter from the date of filling of the petition
i.e., 14.2.2011. The fact is Smt. Charulata as the legal wife of Sri Subas Mohapatra is undisputed
in the eye of law today.
From another
document, it was also observed that Subas had married another girl named Akriti
Das, D/O- Nilakantha Das of Raipur. That
marriage also could not last. When Akriti
came to know that Subas was having wife and a daughter, she got
enraged and filed FIR in Raipur Mahila
Police station on 12.12.2008. The case was registered as case No. 41/2008 under
section 498(1) and 506 of IPC. There was another case filed in Rajendra Nagar
police station in 2009. Arrest warrant
was also issued against Subas during that time.
Though the Team members tried to know the status of the case, the family
could not provide any documents. However, while ending the discussion with the
parents of Charulata Mohapatra, the Team members assured them to provide
support, in case anything required in order to give her justice.
The Team were
also appraised about FIR lodged against Subas Mohapatra in Kanas Police station. The Team members
visited Kanas Police station at around 3.30 pm and enquired about the
case. The Assistant Sub-Inspector said
that an FIR had been filed by Charulata Mohapatra on 7.8.17 at 9.50
PM. The content of the FIR is that On
6.8.17, While Charulata was on her wayback to her house in Kanas market in the evening at 7 PM,
Motor-byke borne Subas Mohapatra along with an unidentified youth obstructed and abused her with slang langage and
threatened her to murder at gun point,
unless she withdrew the case. The police
has registered the case under section
341,323,294,354,506,494 of IPC and 34 of
Arms Act. The police has started investigation.
The Team members hovered
over if the incidence took place on 6th
August, 2017 at 7 pm, why the FIR was
not immediately filed when
Kanas police station is just half
km away from her house. Secondly, why Charulata suddenly
organised Press Meet on 7.8.17. In the
press release, she has mentioned about
the incidence of threats given by
Subas on 6.8.17 at 7 PM and FIR is filed in Gadishagada police station in this regard.
It means that the place of occurrence of
incidence is under PS Gadishagada which is the police station of Subas Mohapatra. But as per record
available, FIR was practically filed in
Kanas Police station on 7.8.17 at 9.50 pm after she returned to home finishing press meet in Bhubaneswar.
7. Meeting with Mamata Samantaray, President, SPWF,
Odisha
On the way
back to Bhubaneswar from Kanas, the Team
met Mamata Samantaray in her residence
at 5 PM. Mamata was appraised about the purpose of meeting of the Team members. Mamata was asked the following few questions.
·
How Mamata came into contact
with Charulata Mohapatra, wife of Subas Mohapatra
·
Timing of the Press Meet
which was organised in Bhubaneswar to highlight
a 13 year old case.
·
What benefit
you and Charulata were expecting
from Press Meet.
·
How the Press Meet would help
Charulata to get justice.
Mamata said
that her organisation is a state-level organisation having its membership base in every block of the state, mostly from
among SHG leaders. The women leaders of
Kanas block of Puri district had
appraised this matter several times and sought her support to give justice to Charulata. That’s why she
had organised the press meet. On query about how the Press meet helped her
to get justice, she could not respond properly. Rather she continued to talk
emotionally, describing harassment and problem confronted by Charulata which was not our cup of tea. On query about what type of
justice she was expecting from Press Meet when all the court judgements are in
favour of Charulata, Mamata could not respond effectively. Rather she told that
she only created space for Charulata to
speak to press and was unaware about
details.
8. Response
from Subas Mohapatra, Human Rights Activist and Husband of Charulata
Mohapatra
As Sri Subas Mohapatra claims staying in New Delhi, some
clarification and response of
Subas Mohapatra was sought through
E-mail. The following questions were sought from Sri Mohapatra.
a.
Response about allegation and
charges levelled by Charulata Mohapatra, his wife against him and reason
of divorce, non-payment of maintenance
to her wife.
b.
Authenticity
about his threats to Charulata Mohapatra on 6.8.17 at Kanas Market
c.
Allegation of second marriage to Akriti Das of
Raipur
d.
Has he challenged in apex court
the judgement of rejection of Divorce petition by District Court and Family
Court order on maintenance cost.
Subas
responded to our query letter through e-mail and provided some documents. He
shared copy of FIR filed in Kanas Police station dated 13.8.17 and copy of
online acknowledgement receipt of FIR by Kanas police station. It was found
from content of FIR that Subas Mohapatra had filed FIR in Kanas Police station against
Charulata Mohapatra and others. A copy
of FIR and acknowledgement receipt of FIR by Kanas Police station is attached.
Subas denied allegation of making physical attack on Charulata Mohapatra of Kanas/ Gadishagada and said that
he was in Delhi on the date of alleged incident. He has also provided copy of boarding pass
from Delhi to Srinagar on 1.8.17 and
return from Srinagar to New
Delhi on 5.8.17 claiming to be on journalistic assignment from Cobra Post. He has sent family photograph of claiming
that to be of Akriti Das / Akriti
Shukla. He says that he has challenged district court order at higher level but
has not sent any supportive document in
this regard.
Our findings
A.
It is fact that Subas Mohapatra
had married Charulata Mohapatra and filed divorce petition in 2003 in the
court. The document revealed that Sri Mohapatra
has not yet responded court order
in respect of maintenance as well as divorce. Smt. Charulata has every right to
fight out the case in order to get justice. She should continue to fight this case. We are of the view that law
should take its own course to a logical conclusion in this regard. All possible
remedies may be taken to safeguard the
interest of Smt. Charulata.
B.
In the press release
distributed in the press meet, it is mentioned that Subas
threatened her to murder at
gunpoint to withdraw the case on
6.8.17 at 7 PM in Kanas Market. In fact,
there is no such case pending
against Subas Mohapatra in any court. The judgement of two courts i.e., District Judge Court and Family
Court, Puri is in favour of
Charulata. So it seems this is a manufactured story and a ploy
to harass and defame Subas Mohapatra.
C.
While addressing press meet
organised on 7.8.17, Smt. Charulata had said that
After threats of attack, she had filed FIR in Gadishagada police station. But FIR has been filed in Kanas police station on 7.8.17
at 9.50 pm after finishing press meet.
We are of the view that it is a false
and fabricated case to demoralise
and harass Subas Mohapatra.
D.
The Press Meet is an arranged one
to demoralise Subas Mohapatra and or
other RTI Activists those are fighting
against corruption in administration and Achyut Samant of KIIT disclosing illegalities of powerful people in the state.
E.
When a
person , irrespective of his or her family problem is fighting against Sri Nabin Patnaik, all powerful Chief
Minister and Sri Achyut Samant , a
biggest land grabber , he or she should
not be demoralised by way of filling of false case and threats of arrest. We are with Subas
Mohapatra in his fight
against Nabin Patnaik, Chief Minister, Odisha and Achyut Samant, a man masterminded all types of illegalities in the state.
F.
We are of
the view that RTI Activists and
Human Rights Activists who are facing
similar kind of harassment and threats
from State power or vested groups like
Achyut Samant, biggest land grabber must be
provided all supports and
encouraged to carry
their mission in the greater interest of the state. Because during Nabin Patnaik regime, the
economy of the state has been disastrous.
The socio-economic condition of the common people has been devastating.
Odisha still stands as poorest state in the country. When opposition political
parties have failed to discharge their duties, RTI Activists and Human Rights
Activists have shouldered the
responsibility to save the state from clutches
of Mining mafia, land mafia
and corrupt politicians and
bureaucrats. The people of Odisha must stand behind them.
Pradip Pradhan Ashok
Nanda
RTI Activist Social
Activist
M-9937843482 M-
9437005133
Sudhir Mohanty Sanjukta
Panigrahi
Advocate, Odisha High
Court Woman
Activist
M-9861063290 M-
9238598756
Date of Release of Report: 22.8.17
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