Complaints before the Commission
ill-treatment of those persons who had been arrested under TADA. They added
that no complaint of ill-treatment had been made by any person before the
designated court on their production before the court. The police report further
denied the arrest of many of the persons named in the complaint, as well as the
allegation that the villagers had abandoned their homes for fear of the police,
viii. In their comment, dated 30 November 1998, on the police report, the Tamil Nadu
Tribal Peoples' Organization, through its General Secretary Shri V.P. Gunasekharan,
reiterated that tribals and innocent hill people had been subjected to inhuman
atrocities, ill-treatment, and various forms of torture. Allegations of maiming,
confinement in dark rooms, of being chained without food for a number of days,
and of the molestation and rape of women in the camps were also reported. A
number of specific incidents were mentioned of tribals who were allegedly subjected
to serious mistreatment in the camps. The Tamil Nadu Tribal Peoples' Association
reiterated that the directions of the Supreme Court had been violated. The Review ^
Committee to look into the TADA cases had not been formed yet, and innocent
people remained without trial for a number of years. Therefore, a request for an
independent and fair enquiry conducted by a retired High Court or Supreme
Court Judge was made, so that those who had been affected could come forward
to depose in person.
ix. In the light of the various allegations made regarding the situation of persons held
in the CentralJail, Mysore, the Commission requested its Special Rapporteur, Shri
Chaman Lai, to visit that jail. He did so on 25 March 1999, and reported that a
total of 127 persons had been detained by the Kamataka Police under TADA,
during the years 1993-1997. Seventy-four persons had been released on bail and
three had expired, leaving 51 still under detention. Of these 51 detenues, 34
1
(including 3 women) had been in prison since 1993, 4 since 1994, 11 (including
8 women) since 1995, 2 (including I woman) since 1997. Trial in respect of these
51 TADA detenues had not yet commenced, because the place of trial, could not
be agreed upon reportedly for security reasons. Shri Chaman Lai further indicated
that none of the detenues had availed of any parole since their incarceration. The
Special Rapporteur, therefore, observed that the essential relief that the Commission
should recommend, should be by way of immediate commencement of the trials,
since there could be no legal justification for continuing to keep these persons in
custody without trial.
X. During the period under revie^v, the Commission also received a number of
communications from Shri Henri Tiphane, on behalf of the "Campaign for
release and rehabilitation of TADA detenues from M.M. Hills (in Karnataka and
Tamil Nadu) undergoing detention in Mysore Central Jail". He sought the
Commission's intervention under Section 12(b) of the Protection of Human
Rights Act, 1993, by taking up the matter before the Supreme Court of India.
^
103