Assault on Ravindra Velip of Cavrem inside Sada Jail, Vasco

Date: 28^th March 2016

To,

The Inspector General of Prisons,

Government of Goa,

Panjim, Goa

Subject:  Assault on Ravindra Velip of Cavrem inside Sada Jail, Vasco

Sir,

We write to express our outrage against the assault against Cavrem Panchayat member Ravindra Velip inside the Sada Jail, Vasco on 23^rd March 2016. As per our information Ravindra Velip was blindfolded inside the Jail and then beaten up leading to fractures to his body.

We do not know as to who are involved in beating up of Ravindra Velip and want you to investigate as to who are the culprits involved and register FIR against those involved in this assault.

It is very shocking to note that the prison that was hosting Ravindra Velip has allowed this major criminal activity to take unfold. Ravindra Velip was not an ordinary law offender. He can be classified as ‘Political prisoner’ as he was arrested for resisting mining in his village of Cavrem in South Goa.

We condemn this beastly assault on Ravindra Velip inside the Sada jail. We want to know the truth of the matter as to who was involved in this attack. Are the attackers were from within Jail premises? Are they from outside? What is the intention of assault? If attackers are the jail staff then why did they assault Ravindra Velip? Whose command they obeyed? If attackers are from outside the jail then how did they came inside the jail and attacked jail inmate without connivance of insiders at Sada Jail? Are any politicians, legislators or mining companies involved in this attack on Ravindra Velip? We are faced with several issues of grave implications.

Moreover Cavrem villagers we got to know from media that are suspecting Sanguem MLA Subhas Phaldesai and Fomentos, a mining company. This is very serious allegation that needs in-depth probe. Past record of both – Phaldesai as well as Fomentos – has criminal character and the villagers’ claims on the involvement of these two cannot be brushed aside.

We therefore urge you to investigate this matter without political pressure. Due to imminent political pressure on your office to hush up the matter it is of paramount importance that judicial probe be launched in this case of assault on Ravindra Velip, member of Cavrem Panchayat.

Thanking you,

Yours sincerely,

Sebastian Rodrigues

Sd/-

Convenor, 
Goa State

Bharat Mukti Morcha condemns aggression on Tiracol River Ecology

Bharat Mukti Morcha takes strong objections the illegal dredging of Tiracol River in North Goa. On November 03, 2015 at around 3.55 pm illegal dredging of river was noticed. Immediately after that Tiracol member of Keri Panchayat Diego Francis Rodrigues filed complaint before Pernem deputy Collector. Deputy Collector taking cognizance of the complaint directed Pernmen Police Inspector Devendra Gad to initiate action against illegal dredging. Coastal Police as well as Captain of Ports then acted and stopped the work at around 6.30 pm. Then at around 8.30 pm in the night time illegal dredging work started back again. Public protested and fresh police complaints were lodged with in charge of police helpline 100.  According to the reports on November 04, 2015 at 8. 45 am police had taken manager and the operator of the dredging machinery into police custody.

According to the information available dredging was being carried on inside the Tiracol River in order to make way for the barges to transport ore from Aronda Jetty in Maharastra. Dredging process was initiated most likely by mining companies in order to deepen the river so that heavy high capacity barges could find their navigational route cleared through. This includes not only clearing of sand from the riverbed but also forced breading of rocks at the bottom of the Tiracol River. This is an ecological nightmare. Movement of barges in Tiracol River will lead to sure doom for fishing activities in Tiracol River. 

Bharat Mukti Morcha congratulates all those who are involved in the protest action against dredging of Tiracol River and pledges our support in defense of River, Fishing and ecology, and against mining and barge transportation in Tiracol River.

Tribute to Br.Philip Neri De Souza

While many in Goa jumped in the wells to celebrate Sao Joao on 24^th June 2015, at Goa Medical College life jumped out of Br.Philip Neri De Souza. Life stayed with him for 55 years and helped him to live it to the fullest. Life stays with all of us Humans, animals, plants, insects and even in tiny organism. Life takes many shapes and it took a remarkable shape in Br.Philpi Neri De Souza. Life in him dedicated for the defense of life in varied shapes. Life taught him the art of combating enemies of life represented in such a magnanimous manner in Goa brutally siphoning liquid of life – water.

Br.Philip as he was popularly known has many trails left us to ponder. His childhood in Velsao in Murmagoa, His work experience as an mechanic in Bombay, His journey to priesthood in various parts of India, his failure to complete his studies for priesthood due to lack of interest in academic studies, His dogged determination to continue with Selesians as a brother, His journey to his home state and posting at Sulcorna, His exposure to relationship of exploitation of tribal people by Bamons that led him to speak out directly and adivise tribal people on several occasions “Never trust Bamons”, His face to face daily confrontation with Goa’s mighty mining industry that represented enemy of life to him and many, While confronting mining he confronted most powerful lobbies that were determined to end life systems in Goa, His decisions to get highest constitutional authority in the State of Goa Governor S.C

Velsao Parish Priest in the middle performing funeral rites. One next to him visible in red vestments is Fr.Ian Figueredo who in his funeral homily called Br.Philip a 'Revolutionary' that challenged civil as well as ecclesiastical authorities over damage the mining industry is continuously caused to the State of Goa and tribal people. 

 Family, friends, relatives at the funeral mass in Velsao. Also seen is Maggie Silveira, Goa State President of Bharat Mukti Morcha whom some months before his death Br.Philip asked specially to pray for him.

Telu Dias from Colomba recalling moments with Br.Philip. Telu is in black shirt holding coffin in the middle.

Adv.Joao Fernandes, of Christian Adivasi Sanghatna, Quepem carrying the coffin along with Motesh Antao  from Bharat Mukti Morcha, Colamb unit 

 Rama Velip looks on: Just few weeks before his death Br. Philip went to Colamb Sanguem and shared his last solidarity with people. He stayed three days at the residence of Rama Velip.

Jamir to walk with fellow tribals in Rivona, His struggle filled life in Assam, his struggle with his non-cooperative health needing change in blood every month and his ability to simultaneously follow mining affairs and intervene before authorities and advocate curbs on mining. His was a remarkable life, life full of commitment to justice, life and dedicated combat that did spare even his Selesian colleagues at time. He never compromised his principles and was ever willing to pay a price whatever it may take. While we are sad for Br.Philip’s death we take up the baton from where he left in the relay of life and carry it ahead, for we are sure that’s what would satisfy him in heavenly abode. Never to let sadness of his death be an overarching obstacle for his baton to lift and step ahead.

Few of us, in fact very few of us had a privilege of associating with Br.Philip very closely and here we lay out some of his most remarkable feature of working in risk filled mining belt of Goa. The risk to his life was real and he faced it with everyday. The intensity of risk was very high in 2001 to 2006 because his was most powerful voice in the wilderness, in defense of life treasured in wilderness. And mining industry and the State administration was filling the impact of his presence Sulcorna.

1.  Put in writing: The base of his effectiveness was in his highly prompt drafting of letter and submitting to the authorities. He filed letter in his personal capacity as well as helped with his drafts to other people of Sulcorna and neighboring villages such as Rivona, Colomba, Cavrem, Muscavrem, Cajur etc. Amount of letters he helped in writing is mind-boggling.

2.  Stay way from publicity: Even though not always but he most of his life stayed away from press publicity. He instead allowed tribal people to speak to media on first hand accounts of ground reality due to mining on agriculture, rivers, water table etc.

3.  Represent before State Authorities: This was truly remarkable feature of him that led him to present himself and speak always in defense of tribal people and against mining. His commitment led in speaking out boldly at several Public Hearings organized by Goa State Pollution Control Board on behalf of Union Ministry of Environment and Forest especially in South Goa. This got him on record before the government authorities. This he did even though it was not always easy for him in the face of loud jeers and from the unruly crowd gathered on such occasions by mining companies.

4.  Work in secrecy: This was his trademark of functioning. Possibly he developed this way of working in the face of huge threats to his life from mining industry. He practices secrecy at several levels. The most base level of secrecy was never to take anyone from his struggle to his house in Velsao and not even disclose as to where his house was located. In fact may of us his close collaborators for a decade came to know about his house and village one day after his death. He rarely shared his mobile number and rarely disclosed he where about correctly over the mobile phone. Possibly he did this as measure of precaution.

5.  Determined fighter: One Sunday group of villagers from Rivona came over to Panjim police headquarters to give entry on some urgent letter to IGP on police atrocities in mining belt. Villagers found office closed and were wandering what to do. It was 6.30 pm at that time. Suddenly they found Br.Philip around and when came to know about the problem villagers were facing he single handedly started a fight with Panjim police headquarters. He argued “police station has to remain open for 24 hours to receive entries and since villagers has travel over such a long distance and matter is so urgent about police atrocities on people opposed to mining their they cannot be sent back saying come tomorrow. This is unacceptable!” He succeeded in convincing the police authorities and villagers led by Rama Velip got the entry done and letter stamped from the back door of the Police headquarters.

6.  Exposure trips to Pissurlem: He succeeded not only inviting people from various parts of India to witness injustice in South Goa’s mining belt but also took buses of people from Rivona on site exposure trips to Pissurlem in Sattari that has witnessed mining for over half a century. This was done in order to help people visualize as to what can happen to their own villages if the mining is allowed to dig to extract iron ore and manganese.

7.  Genuine Solidarity with tribal people of South Goa: The quality of solidarity that Br.Philip offered to tribal people is extremely high. He understood trials and turmoil of tribal people in Goa’s mining belt in South Goa very well. He moved from village to village in a jeep. Himself being professional mechanic that toured with those visiting even Himlayas before joining Don Bosco Society western ghats mountains of Sanguem and Quepem was a child’s play for him. He never boasted about himself ever about his mechanic experiences or his skills, he simply drove four-wheeler on steeps and slopes in forest area like a child’s play. Having being fully aware that it was not possible to meet up tribal people in day time he would organize meetings with tribal people late night that would end just before mid-night. He would at these meetings discuss village problems and chalk out plan of action with the villagers as what is to be done to ease hardships. Once it is decided he would single handedly go ahead and implement. His awareness building and confrontation moved simultaneously as mining was moving in aggressively even next to Don Bosco farm in Sulcorna where he was posted and one of the priests even reported to have sold part of the society’s land to mining company. From the situation as murky as this Br.Philip moved miles on his jeep. New Vadem colonies where people displaced from Selaulim dam are re-settled on rocky lands could not cultivate nor had good educational infrastructure. The School in the locality was scoring 0 per cent results at SSC exams every year. Br.Philip did not build new school there but simply propagated this message to his various contacts that Government School in new is famous for scoring 0 per cent result at SSC. Within few years impact was felt and school started getting 100 per cent results for SSC. What a turn around! This was possible only because the concern of Br.Philip was genuine.

8.  Ace networker: The abilities of Br.Philip at networking were instrumental in laying broader foundation for spread true picture of mining plunder in Goa. He used all his contacts and invited people individually and in groups to visit Rivona and he would personally give guided tours and often confront with mining companies officials and interactions with tribal and other people simultaneously. Tours would often be tensed. Those touring often would be journalists as he believed media has crucial role to play and understand mining on ground reality. He organized tours to several journalists from Goa and beyond, several stories then reported hazards of mining in Goa. He also networked and travelled extensively to mining areas of India and established solidarity with groups working on mining issues. He kept his links with Mines, Minerals and People (mm&P) from 2002 till his death in 2015 even though many have dissociated due to political difference. In 2003 he took group of 12 tribal women from Rivona to Delhi for three days ‘women and mining’ national seminar of mm&P. Staying arrangement was done at Don Bosco Society premises in Delhi. It was huge moment for Br.Philip and his joys knew no limits. A day prior to seminar he organized trip to Lotus temple at Okhla and on the day of Journey in Goa express he took women early morning to Agra to visit Taj Mahal and got into the train to Goa in Agra. He informed TC about this arrangement through the messenger and entire operations was a success. He took up the risk and moved on to trust these women and girls form tribal communities – Velips who had never stepped out of Goa.

9.  Unpredictability and element of surprise: At a time when Br.Philip started his action in 2001 to 2007 there was no organized group on which he can rely upon to carry on resistance against mining. He relied on God for his decisions. As a result there was some very surprising and unexpected breakthroughs that he achieved. Getting then Governor of Goa S. C. Jamir to walk in the mines and witness the exploitation Rivona by Swiss account holder Radha Timblo was just one of them. Then authorities at Don Bosco Society told him that his involvement with people and resistance to mining must come to halt or he will not be able to stay at Don Boscos, Soclorna he plainly told his superiors “No problem, I will stay with people if I am a problem to you.” Here was his unpredictable and surprising decision: refused to stop his involvement, confronted the authorities sternly, yet continued his priesthood. This decision led to his harassment and he had to pay a price for this. Though he never sat on hunger strike at any public place like Azad Maidan, Panjim he did go through hunger filled nights. Confrontation with authorities at Don Bosco Society, Sulcorna resulted in denying of food to Br.Philip several times when he returned late night after conducting meetings with tribal people around Sulcorna. He faced this harassment from within his society silently and very few people he shared this. One of these few people was Sebastian Rodrigues who is sharing with the world at large over here; for truth must be presented to the world and suppression of the same will amount to sin of omission. Socrates famously said “unexamined life is not worth living”. Examined life of Br.Philip will bring his spirit filled commitment alive in many others. Br.Philip thus faced tremendous pressure from the outside (mining industry) and from inside (Selesian authorites in Sulcorna). It is therefore not surprising as to why Br.Philip got into depression moments for sometimes, disappeared from Sulcorna leading Sulcorna Don Bosco’s to file missing report at local station that led to display of his photograph as missing at various police station leading to various speculations about his whereabouts. Yet he never allowed his confrontation with his Don Bosco Society to deter his commitment either to his calling as Selesian or his commitment to combat mining. He was found at meeting on mining in various parts of India, He was found making visits to Rivona, staying with people and often bypassing Don Bosco’s Sulcorna premises, he kept his superiors undated at all levels. Yet his way of working was not fitting into institutional framework. In the words of Fr.Ian Figueredo, sdb in his homily on Br.Philip’s funeral was a ‘Revolutionary’. Perhaps he was sans a Revolutionary Party that would accord him any red carpet welcome in Goa but the Party of Christ that welcomed him with pain in his body cell, blood cells. He never rested in his life and worked non-stopped till he went in for permanent rest. Yet he has laid a path for anyone to follow, any one to walk upon, every time his life will be discussed, his spirituality will be discovered in forms most unexpected, surprising, challenging and most importantly uncompromising commitment to combat mining industry and in returning putting everything that he had including the last cell of his brain, Last penny in his pocket and last cell of his blood and expecting nothing in return.

Some meaningful insights

‘When world closes the door God opens widow’

One of the favorite sayings that he held dear in the face of adversaries is ‘When the world closes the door on you, God opens window’. World had shut doors on him several times pushing Br.Philip through very painful experiences that piled up on him. Once tensions arrived in his own Selesian society local enterprise leadership in Sulcorna cracked down on him in a bid to curtail his anti-establish activities. Br.Philip used to invite few people to provide publicity to media surpressed reality of mining activities in the state of Goa. Sebastian Rodrigues from Siolim and late Mathew Pereira from Colvale used to stay at Don Bosco Society premises in Sulcorna. Once the crackdown came about Sebastian was told by Br.Philip to stay in the houses in Rivona amongst tribal community. This was done and the contacts with people were established and this proved important asset after Br.Philip was transferred away from Sulcorna into Assam and prior to that when he went missing as per his photographs at various police stations notice boards in Goa. The door was shut on him and God showed him the widow and he followed his calling.

‘I am little mouse, I cannot bring the mountain down but can create little holes all over mountain’

This was another of his philosophical base on which he operated to mount attack on mining industry. He never organized massive morchas, hunger strikes, dharnas or protest rallies. He saw mining as formidable enemy and was committed to its downfall for he found no merit in its continuation due to its demonic nature of destruction of mountains and export of ore and large scale irreversible damage to rivers, forest, paddy fields and few mining companies amassing great fortunes. Br.Philip had a vision that every word he spoke, every petition he drafted he visualized digging a hole through mining industry. How correct and practical he was!

Combating self destruction of Goa

Br.Philip personally witnessed by driving in dusty rusty surroundings in and around surrounding great momentum of self destruction of State of Goa though open cast iron ore mining. He witnessed Dinar Tarcar’s mining in Sulcorna digging the lush green Western Ghats mountain that was picnickers’ delight just vanish from the map of Goa. State machinery was committed to finish up the State of Goa as still is. Congress or BJP or MGP or GVP or Independents does not matter. All the current MLAs of Goa stood in one voice defending mining. Only conclusion that can be derived from this is that mining companies has funded every party in Goa and every MLA in Goa. Self-destruction is foremost feature of demonic State. As a priest Br.Philip fought it unceasingly. He dug holes to the State and made it porous. His strategic whirlwind against mining inspired many to admire and understand the mining issue. His efforts laid foundation to what is to come in the years to come and get mining industry to stop demonic practice of self destruction of Goa though State machinery.

Br.Philip joins the ranks of the priest with exemplary service to society in Goa Pe. Chico Monteiro who suffered imprisonment in Patiala jail throughout the decade of 1960s and Fr. Joaquim Fernandes while posted at Curpewadao Chapel, Cortalim who pioneered work amongst tribal people of Goa after his exposure to Apartheid in South Africa. Both the priests were suppressed while also by the Church Hierarchy in Goa besides the State, and forgotten after their death. Former Archbishop of Chiapas, Mexico late Bartolomeo del las Casas too stood up for the rights of the tribal people trampled by Spanish Conquistadors in. Br.Philip Neri de Souza's contribution to humanity is no less in any measure even though many would be allergic to admit the same.

Br.Philip however was not a diocesan priest and it remains to be seen as to how Society of Don Bosco carries ahead his legacy ahead specially in the times when the mining industry that Br.Philip fought is raising its head back again to continue its agenda of dismembering Goa and its people forever. It is but assured that Br.Philip has already moved in spirit and continue to inspire us  and interceding for many closer to the cause dear to his heart. In life there was restrictions on his capabilities now in death all restrictions on him vanishes and withers away. Our tears sprouts out wings to transcend transcend tragedy and hammering our piercing political strategy that engaged in constantly. We too throw our fears to the winds and gather our courage to combine with collective wisdom to move ahead one step at a time, one day at a time.

Sebastian Rodrigues

The fraud rule of EVM government in India

Bharat Mukti Morcha protests against the Electronic Voting machines (EVMs). They are hindrance to free, fair and impartial elections. Last Assembly Elections as well as Parliamentary election conducted through EVM are neither free nor fair but they are great orgies of manipulation through IT skills. We also protest against Election Commission of India for allowing EVM scandal to unfold in India including Goa.

Dr. Subramanium Swamy alleged scandal in the 2009 elections by way of Electronic Voting Machines (EVM) by which Congress won the elections. He filed cases on this issue first in Delhi High court and then in Supreme Court of India at Delhi. Before the cases were filed there were public criticisms of the EVM by Lal Krishna Advani, Chandrababu Naidu, Omesh Saigal, Gulam Nabi Azad, Mamta Bannerjee,  Jaylalita, Mulayam Singh Yadav, Ram Vilas Paswan, V.V.Rao, Hariprasad (Expert Technologist), Sitaram Yechuri and Prakash Kharat. Leaders of that time were angry that by manipulating EVMs Congress has won the elections. 

Dr. Subramanium Swamy – with full preparation and evidence filed the cases in Delhi High Court and Supreme Court. For this Dr.Swamy deserves praise.  His study on EVM forced Supreme Court of India to take note and on October 8^th 2013 delivered judgment against EVMs in India. In this judgment Supreme Court held in para 29 “From the materials placed by both the sides, we are satisfied that the paper trail is an indispensable requirement of free and fair elections.” From this it is clear that Supreme Court, Election Commission, and the one who filed the case in Supreme Court – Dr. Subramanium Swamy – is unanimous that without paper trail elections cannot be free, fair and impartial.  

In face of this judgment it was necessary to introduce paper trail for 2014 Lok Sabha Elections. Paper trail means evidence on paper that a person has voted. If any voters ask for the proof it can be produced. 

Along with this it is compulsory to do paper counting of the candidates as per 8^th October 2013 judgment of the Supreme Court. But since it would need 10 lakh machines and these numbers of machines cannot be arranged on time Supreme Court allowed the use of phase-wise paper trails.

Taking advantage of this permission Election Commission of India installed paper trail machines in only 338 locations. From this fact it is clear that Election Commission of India made a mockery of the Supreme Court permission and violated its judgment.  Election commission has misused the permissions granted by Supreme Court and for this reason there need to be contempt of court petition filed against Election of India. The conduct of the Election Commission of India is against the Constitution of India. This is clear from the way Election Commission of India has been conducting its affairs.

EVM scandal ridden government is taking decision against Constitution of India and in the absence of genuine representation in the Parliament problems of Indians are multiplying. 

1. EVM government now does not pass laws after discussion in the Parliament. It makes laws through Ordinances. In Ordinance on Land acquisition there is no thought given to those whom the land belongs. Therefore already impoverished farmers are on the way to streets by turning into landless labourers.
2. Ministers themselves in this EVM government are creating atmosphere of Superstitions, Hatred and Violence.
3. EVM government has increased taxed on petrol and diesel. Due to this in spite of the lowered costs in international market the petrol and diesel rates continues to be higher.
4. EVM government has withheld the scholarship of the studios students; they are pushed to abandon their education program.
5. As this EVM government has not taken any firm stand on agriculture and co-operatives, farmers and those co-operatives businesses are on the path towards ruin.
6. EVM government has made mockery of the Indian who live hand-to-mouth by increasing rate of cooking gas cylinder and enforcing pretenses of bank account deposits for subsidies.
7. In Goa EVM government has granted 29 mining leases for 20 years so that Goa is totally looted to the core. Rs.35,000 crores looted by mining companies are not recovered nor miners sent to jail. Manohar Parrikar’s promise to file FIR against Pratapsingh Rane and Digambar Kamat still remains unfulfilled.
8.  EVM Government has turned Goa Legislative Assembly into cemetery by passing amendment to the tenancy law and taking control over land away from mulnivasis and handing control to the Landlords who are mostly Eurasian Bamons. In our land Eurasian Bamons are land lords. In our own land we are slaves. This was done when Manhar Parrikkar was the Chief Minister. For us mulnivasis, are a conquered people. We are slaves in our own country. We are tenants on our own soil. We have no strength, no power, and no control over our own destiny in the land of birth. They (Eurasian Bamons) live a life of unequaled prosperity.
9. EVM government has not initiated action against Swiss government that prevented submission of Swiss account holders list to the Supreme court of India. Radha Timblo has staked money in Swiss Bank as per Government of India submission to the Supreme Court, while Sulcorna, Muscavrem, Rivona dried up, and paddy field gone forever; forest and springs only a memory.  This is our land. This is a land of Goa. This is mining plunder of Goa. Mulnivasis from all over India cough their lungs out in the bowels of Radha Timblo’s and others’ mines, destroying their health.
10. EVM government has encouraged illegal fishing in Zuari River and also aggressive incursions by Hotel Grand Hyatt in Zuari River causing disruption of fishing activities of those already disrupted due to sale of their land by Eurasian bamons Sinari, Kamat and Mhambrey in Bambolim and Nauxim.  In spite of so many complaints there is no arrest of single Trawler owner. EVM government is committed in fostering illegalities and sky is the limit.
11. EVM government in Goa not investigating Vanxim island scandal. Instead has encouraged criminal prosecution of Bharat Mukti Morcha President Maggie Silveira and three other women for defending Vanxim Island in Mandovi River. 
12. EVM government has turned Goa into gambling den with Casinos flourishing in Mandovi River causing enormous harm to the fisheries. Already report prepared by experts for National Green Tribunal and reported in today’s Lokmat daily  indicate high level of Fecal Colifom exceeding the prescribed limits for Rivers. Fecal Colifom causes Gastro, ear infection, typhoid, dysentery etc.
13. EVM government is attempting to snatch away the lives and livelihoods of the mulnivasi people by imposing Airport at Mopa.

Supreme Court of India declarations and directions for Goa mining

Extracted below are points 70 and 71 containing Declarations and Directions of the Supreme Court Judgment on Goa mining in Goa Foundation v. Union of India delivered on 21^st April 2014. These are key basis for the future of mining in Goa.

71. In the result, we declare that:

(i) the deemed mining leases o the lessees in Goa expired on 22.11.1987 and the maximum of 20 years renewal period of the deemed mining leases in Goa expired on 22.11.2007 and consequently mining by the lessees after 22.11.2007 was illegal and hence the impunged order dated 10.09.2012 of Government of Goa and the impunged order dated 14.09.2012 of the MoEF, Government of India are not liable to be quashed;

(ii) dumping of minerals outside the leased area of the mining lessees is not permissible under the MMDR Act and the Rules made thereunder;

(iii) until the order dated 04.08.2006 of this Court is modified by this Court in I.A. No.1000 in T.N.Godavarman Thirululpad v. Union of India & Ors., there can be no mining activities within one kilometer from the boundaries of National Parks and Sanctuaries in Goa;

(iv) by the order dated 04.12.2006 in Writ Petition (C) No.460 of 2004 (Goa Foundation v. Union o India), this Court has not prohibited mining activities within 10 kilometers distance from the boundaries of the National Parks or Wildlife Sanctuaries;

(v) it is for the State Government to decide as a matter of policy in what manner mining leases are to be granted in future but the constitutionality re legality of the decision of the State Government can be examined by the Court in exercise of its power of judicial review.

And we direct that:

(i) MoEF will issue the notification of eco-sensitive zones around the National Park and Wildlife Sanctuaries in Goa after following the procedure discussed in this judgment within a period of six months from today;

(ii) the State Government will initiate action against those mining lessees who violate Rules 37 and 38 of the MC Rules;

(iii) the State Government will strictly enforce the Goa (Prevention of Illegal Mining, Storage and Tranportation of Minerals) Rules, 2013;

(iv) the State Government may grant mining leases of iron ores in Goa in accordance with its policy decision and in accordance with MMDR Act and  the rules made thereunder in consonance with the constitutional provisions;

(v) until the final report is submitted by the Expert Committee, the State Government will, in the interests of sustainable development and intergenerational equity, permit a maximum annual excavation of 20 million MT from the mining leases in the State of Goa other than from dump;

(vi) the Goa Pollution Control Board will strictly monitor the air and water pollution in the mining areas and exercise powers available to it under the 1974 Act and 1981 Act including the powers under Section 33A of the 1974 Act and Section 31A of the 1981 Act and furnish all relevant data to the Expert Committee;

(vii) the entire sale value of the e-auction of the inventorised ores will be forthwith realized and out of the total sale value, the Director of Mines and Geology, Government of Goa, under the supervision of the Monitoring Committee will make the following payments:

(a)    Average cost of excavation of iron ores to the mining lessees;

(b)   50% of the wages and dearness allowances to the workers in the muster rolls of the mining leases who have not been paid their wages during the period of suspension of mining operations;

(c)    50% of the claim towards storage charges of MPT.

Out of the balance, 10% will be appropriated towards the Goan Iron Ore Permanent Fund and the remaining amount will be appropriated by the State Government as the owner of the ores;

(viii) the Monitoring Committee will submit its final report on the utilization and appropriation of the sale proceeds of the inventorised ores in the manner directed in this judgment within six months from today;

(ix) henceforth, the mining lessees of iron ore will have to pay 10% of the sale price of the iron ore sold by them to the Goan Iron Ore Permanent Fund.

(x) the State Government will within six months from today frame a comprehensive scheme with regard to the Goan Iron Ore Permanent Fund in consultation with CEC for sustainable development and intergenerational equity and submit the same to this Court within six months from today; and

(xi) the Expert Committee will submit its report within six months from today on how the mining dumps in the State of Goa should be dealt with and will submit its final report within twelve months from today on the cap to be put on the annual excavation of iron ore in Goa.

70. With the aforesaid declarations and directions, Writ Petition (C) No. 435 of 2012 is allowed. The Transferred Cases and IA filed by MPT as well as other IAs also stand disposed of. The interim order dated 05.10.2012 of this Court is vacated. These matters will be listed as and when the Monitoring Committee and the Expert Committee submit their final reports and the State Government submits the scheme for the Goan Iron Ore Permanent Fund. The Parties shall bear their own costs.

A.K.Patnaik J.

Surinder Singh Nijjar J.

Fakkir Mohamed Ibrahim Kalifulla J

New Delhi

April 21, 2014

BMM condemns arrests of villagers protesting mining in Cavrem

Call up Quepem police station landline 08322662253 and get the latest update on the arrests

Bharat Mukti Morcha strongly condemns arrests of 34 mulnivasi people protesting against mining transportation or iron ore in Cavrem village of Quepem taluka On May 8, 2014 without being released till reports last came in. They are split and shifted at police stations in Margao, Vasco etc. According to the reports received Cavrem villagers including large number of tribal people block transportation of ore from Jairam Neogi mine operated illegally since 2007 by Dinar Tarcar. His lease expired in 2007 and Supreme Court in recent judgement has confirmed that all mines in Goa have been functioning without valid leases. This is the same mine where Dora, Sheryl, Karush, Sebastian, Fr.Mathias Protested and few others- were beaten up by mining truck drivers under the direction of mining Contractor Subhas Phaldesai and arrested on October 11, 2008. The first account of Fr.Mathias is available here. Another account by Sebastian is also available.

Bharat Mukti Morcha hold that the act of blocking mining transportation by Cavrem villagers is correct and Police has acted only to fulfill the combined will of the mining companies and the Chief Minister who in any case is heading Bamon Raj government that believed in scant respect for mulnivasis like Adivasis of Cavrem, their livestock, forest and paddy fields.

Amongst the arrested 34 are 10 women and as per report received till midnight were not served any food or water in police custody at Quepem Police station, Quepem.

Shah Commission has pointed out the robbery of Rs.35,000 crore through mining trade. Public Accountability Committee headed by then Leader of the Opposition Mr.Manohar Parrikar has marshaled evidence of illegal mining export of 85 million tones and Rs.3,400 crore loss to the State treasury. Mr.Parrikar however after taking over as Chief Minister has not acted on his own report nor has he recovered Rs.3,400 crore looted by mining companies. He has also avoided any actions to nail those responsible for the illegal export of 85 million tones of iron ore from Goa. What Mr.Manohar Parrikar has provided for Goa is ethically bad leadership for Goa with active promotion of black money and corruption just like his predecessor Digambar Kamat. The rightful place for both these Bamons is behind the bars. They are moving scot free and troubling entire state of Goa only because they are Bamons heading Bamon Raj committed to loot and plunder of Goa.

Bharat Mukti Morcha is of the studied opinion that mining in legal as well as illegal way is not sustainable in Goa and every effort must be made to rid Goa of mining curse.

Bharat Mukti Morcha also strongly object to the Department of mines trying to create fear amongst public that protests against mining is a contempt of Supreme Court Judgement in Goa Foundation versus Union of India dated April 21, 2014 on mining in Goa. This judgement is already criticized.

Bharat Mukti Morcha congratulates Cavrem villagers for their bold action in defense of life that is threatened by mining companies.

In Solidarity with Ramesh Gauns

Bharat Mukti Morcha expresses total solidarity with Ramesh Gauns. He has been under pressure from mining companies for his uncompromising opposition to the industry. For more information on Ramesh Gauns visit the links below:

http://bhahujanmuktiparty.blogspot.in/2013/11/bhahujan-mukti-party-condemns-mob.html

'There is no fear to speak the truth'

From:

Babi Suresh Gaonkar

H.No. 6/1, Vadacha wada, Sirgaon, Bicholim, Goa

Date: 29/01/2013

To,

Bharat Mukti Morcha

Goa Unit

Subject:  My Police torture, Human Rights violations by Constable Venkat Marshal, PSI Tukaram Walke, Police Inspector Ninad Deulkar and other police officials attached to Bicholim Police Station on duty on 25^th and 26^th January 2013.

I the undersigned Babi Suresh Gaonkar, 18 years of age, student, OBC, resident of H.No. 6/1, Vadacha wada, Sirgao, Bischolim, wish to state following:-

1.    At 10.07 am on 25^th January 2013 I was served with notice under section 149 CrPC asking me to remain present at the Bicholim Police station on 26^th January 2013. The notice signed by police Inspector, Bicholim Police Station was dated 24^th January 2013.

2.    On the same day of 25^th January 2013 I returned from my college at 5.00 pm and had just entered my house. I saw One Constable Venkat Marshal along with PSI Tukaram Walke was sitting in a Police jeep near my house.

3.    Constable Venkat Marshal got off from the jeep and came to my house and asked me if I have a knife with me. I replied saying ‘no’. This Constable then picked up instrument called ‘koita’ that we use to peel off coconut and caught my shoulder and pulled me out of my house towards the jeep that was marked with words ‘police control room’. ASI present kicked and pushed me inside the jeep amounting to kidnapping. I was not even allowed to close the door of my house.

4.    At a time when I was forced into the jeep my mother was not at home so she was not aware that I was taken away by police. While I was in police jeep my mother phoned me on my mobile. As I received my mother’s call Police Constable Venkat Marshal confiscated my mobile from my hand and banged it on ground. When I protested and told police that my mother will be worried about my whereabouts, Police Constable Venkat Marshal warned me saying “you will not touch mobile ever again and he banged it to the ground and then switched it off.

5.    Inside the jeep, police asked me if I was wearing any gold chain. I put counter question to them ‘why?’ On this reply of mine police – Constable Venkat Marshal and PSI Tukaram Walke began to beat me up. One of them snatched my gold chain, another one pulled my long pant and I was left without my pant just in my short pant. From the pocket of the pant police confiscated cash of Rs. 1800/- and another Rs.50/-. All this was done to me while I was being carried in a police jeep from my village of Sirgao to Bicholim Police Station.

6.    Inside jeep all together there were four policemen - Constable Venkat Marshal, PSI Tukaram Walke, one ASI and a jeep driver. Police said to me “you are doing too much. You are asking for information under RTI. What do you think of yourself?”  I was treated like a dog. They further said to me “you are doing too much; we are not going to leave you this way.” I asked police in the jeep as to why my pant is taken away. Police instead of answering forcefully caught my shirt and tore off its buttons. They then said to me “we will now parade you nude at Bicholim bus stand. Then you will feel ashamed and only then you will learn as to how to write RTI letters.

7.    I was taken to Bicholim Police Station. When got off from the jeep and ASI was pulling me from front and constable Venkat was pushing me from behind. Once I reached the police station at Bicholim I was told to sit. Police then said loudly “This boy is doing too much, he is ‘malkriad’. We have caught him and brought him here now.

8.    After few minutes police put me inside the police van and took me away to Bicholim Primary Health Centre. Over there doctor asked me “What you are feeling?” I told him that I am feeling black out in my eyes and head is heavy. Doctor checked my B.P and declared that it is very high at 190/100 and I am not fit for the lock up. I was hungry. I had only breakfast and had not taken lunch. Doctor told police to take me to District hospital in Mapusa. Doctor wanted to inject me something. I refused and did not give my consent. I was then brought to the Bicholim Police Station and police there was giving me tablets to swallow with water. I refused as I was without any food. Police said “this boy is too much” and started beating me up at Bicholim police station. Every policeman on duty beat me up with kicks and slaps. They then declared that they will beat me up even more for the reason that I refused tablets. I was beaten mercilessly. More they beat me more resolutely I refused to take the some chemical tablets offered to me. I told police that no matter how much they beat me, I will never take tablets. I was then again taken to Bicholim Primary Health Centre.

9.    Doctor here was angry at my refusal to take tablets. Doctor on duty then warned me that he will certify me as fit for police custody. The doctor then checked my blood pressure again and declared that my blood pressure is normal at 130/80. Doctor then told police that it is upto them whether they want to admit him to District Hospital in Mapusa or not.

10.  From the hospital I was taken to the police station again. My mother reached at police station. I gave my mobile to my mother at around this time 7.30 pm. My Mother Suvarna Suresh Gaonkar was called inside the cabin of Police Inspector Ninad Deulkar. PI Ninad Deulkar told my mother “We have arrested your son even though he has committed no offence of any kind, we have framed him up in criminal case because he has filed RTI letter seeking information about police.” My mother told PI Deulkar “My son is in the path of righteousness and he committed no crime.”. She walked out of the cabin of PI Deulkar. While she was walking out of his cabin PSI Walke caught her shoulder and took her back in the cabin of PI Deulkar even though my mother protested and said that no male policemen can touch her. I have not filed any RTI and not sure as to which RTI PI Deulkar found in my name. RTI letter was filed by my mother Suvarna Suresh Gaonkar in order to make democracy functional in Goa’s mining belt and I have been made the target of torture.  Even then filing of RTI letter does not warrant police torture violating anyone’s self respect and dignity. The behavior of Police team at Bicholim Police station is barbaric as I experienced it first hand.

11.  I was stopped from talking to my mother and was whisked away and taken back into Jeep that drove towards District Hospital, Mapusa. Here I was taken to casualty ward. Doctor here inquired and examined my health status. I told doctor that my eyes are feeling black out and my head is heavy. Doctor got my ECG and checked my blood Pressure. He found that my blood pressure was very high at 160/90. Doctor said that I have to be admitted in the hospital. I was made to sit on the wheel chair and taken in for admission.

12.  Since it was already late and food was already served before I was admitted in the hospital nurse on duty told police that it is the responsibility of police to provide food for me. Police kept silent. Doctor wrote prescription of tablets. I refused tablets. Nurse asked me to sign the documents/papers that I am refusing tablets. I refused. Nurses then went to doctor. Then three policemen came back to me and warned me “if you are not going to sign these papers then we will beat you up. I signed these papers under duress. Nurses went away. I was neither given any food nor water to drink. Police put handcuff and tied me up to bed the whole night. I was on bed number 22 and I do not remember the ward number. I requested police to get my handcuff off my hands but police refused. The whole night I slept on bed with handcuff in my hands and locked to bed. By morning my left hand was totally numb. Many doctors came and inquired but no treatment was given to me.

13.  Handcuffs were removed from my hands just for 20 minutes in the morning of 26^th January 2013 to go the toilet to answer nature’s call. After this span of 20 minutes of freedom to my left hand I was handcuffed again. At around 10.00 am I was given medicines. I refused again. Doctor then wrote on my discharge paper “Fit for lock up”.

14.  I was very weak and handcuffed even on 26^th January 2013, Republic day of my beloved country. I did not take even water. I did not take dinner. From the hospital I was dragged and brought to Bicholim Police Station at around 11.00 am with handcuffs on. I complained about handcuffs. Police told me “If we do not put handcuffs on you then what else to put on?” On this Republic day I was brought to harsh and uncomfortable realization that I as OBC and mulnivasi is just a slave in free India and my freedom struggle has just began through handcuffs in my left hand.

15.  At Bicholim Police Station my handcuffs were removed. I am not sure as to who gave permission to handcuff me.

16.  At 1.00 pm on 26^th January 2013 PSI Walke spoke to me at the Bicholim Police Station “We arrested you yesterday at 5.00 pm and now we will remand you for 14 days of judicial custody. This is a minor offence. You can take bail with two sureties. Now inform someone at home.” I told him that I was not allowed to call my mother and when my mother called on my mobile you snatched and destroyed my mobile.” PSI Walke retorted “You are still talking too much?” I told him “There is no fear to speak the truth.” I was then asked to call up my mother. I called my mother from police telephone and after that I was sent into police lock up again. Handcuffs were put again on my hands inside the lock up. Several policemen gathered and said “we now have some more time to beat you and torture you. We were not able to do it as you spend most of the time in hospital last night.” While I was being tortured and beaten up inside the police custody I noticed my mother walking from a distance and I cried aloud “Mummy”. My mother heard my cries and she started to walk towards police custody. One policeman came and stopped her and told her to go in some other direction where lawyer was waiting with bail application.

17.  Then on 26^th January 2013 while still in police custody I was forced to sign Memo of Arrest signed by T.P.Walke, PSI, Bicholim Police Station dated 25^th January 2013 that reads as “You are hereby informed that you have been placed under arrest in Bicholim P.S. Cr.No. 17/13 u/s 341 of I.P.C today i.e. on 25.01.2013 at 17.00 hrs. You are further informed that the said offence is a bailable offence  and you are entitled for bail.’ I also signed arrest form after consulting my lawyer. I have not restrained anyone to attract section 341 of I.P.C. and I hold that this police action is in total violation of my human right to life and dignity enshrined in the Constitution of India on the eve and on the day of the Republic Day 2013. Police did not return my pant, my cash and my gold chain till date even though I am released on bail and out of police custody.

18.  In my understanding Bicholim police acted in this manner with me under the directions from Rajaram Bandekar (Sirigao) Mines Pvt. Ltd as they have past history of using police and other bodies of state administration like Panchayat and BDO for their vested interest of capturing 1,19,000 square meters of my family land near my house in Sirigao.

19.  I pray that suitable action be taken against all the named Constable Venkat Marshal, PSI Tukaram Walke, Police Inspector Ninad Deulkar and unnamed policemen attached to Bicholim Police station responsible to my torture on 25^th and 26^th January 2013.

20.  I pray to you to do everything possible for this matter has not just caused grave harm to me but to the very core of the spirit of the Constitution of India that governs all people of India.

Thanking you,

Yours Sincerely,

Sd/-

(Babi Suresh Gaonkar)