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 Strong evidence in Kotkhai custodial death, says CBI, but no words on Gudiya gangrape, murder

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Chargesheet against Shimla SP DW Negi

Negi denies the charges. He said he was misinformed and did not visit the station a day after the custodial killing at the station, but IG Zaidi did make a visit on the directions of the then Director General of Police, Somesh Goyal.

Shimla: While submitting a supplementary charge-sheet against the former police chief of Shimla, DW Negi, in the custodial death case of an accused at the Kotkhai police station on July 18, 2017, the Central Bureau of Investigation (CBI) on February 13 claimed it is in possession of strong evidence against all nine arrested police officials.  

Negi shared some of the same charges that were labelled against the other eight police officials like hatching a criminal conspiracy, forging FIR against the wrong person, concealing facts related to the custodial death of Suraj Singh – a Nepalese arrested by the HP Police SIT with five others on July 13 for gangrape and murder of Gudiya. 

However, there was hardly any update in an investigation relating to the mystery of the gruesome gangrape and murder of a minor schoolgirl after abduction between February 5 and 6 in 2017. The Special Investigation Team (SIT) of HP Police had allegedly framed wrong people for the gangrape and murder of Gudiya and tortured one of them to death on the intervening night of July 17 and 18.  Remaining five accused were given bail as the CBI found no evidence against them.

The focus of the case remained more over the custodial death while the culprits behind Gudiya case remain unknown.

While DW Negi was arrested on November 16 last year, eight other police officials including the former Inspector General of Police, Zahur H Jaidi and Deputy Superintendent of Police, Manoj Joshi were already behind the bars since their arrest on August 29 last year.

The court on February 13 has extended the judicial custody of all police officials till February 23 – the day court will scrutinize the charge-sheet.

As per the charge-sheet submitted by the CBI, the DSP, Theog met the then SP Negi and IG Zaidi at their respective residences after Suraj was allegedly hacked to death at the Kotkhai police station.

Though Negi was not part of the SIT, he was the then SP of Shimla and the police station was under his jurisdiction. Negi could have exposed the conspiracy, but he chose to save the officials. For this purpose, false FIR was filed against a co-accused Rajinder alias Raju for the murder of Suraj.

As per media sources, even the IPS  Shimla SP Soumya Sambasivan, who was brought in place of Negi, was pressurized by Zaidi to cremate the body before the arrival of CBI.

Thereafter, the CBI took over the investigation of the Gudiya case and custodial death of the deceased accused in custody.

In its charge-sheet, the CBI booked all accused under Sections 302, 330, 331, 348, 323, 326, 218, 195, 196, 201 and 120 B of the IPC. The chargsheet contains 600 pages including annexes and statements of about 50 eyewitnesses.

However, Negi denies the charges. He said he did not visit the station a day after the custodial killing at the station, but IG Zaidi did visit on the directions of the then Director General of Police, Somesh Goyal. The DSP Joshi misinformed him, he reportedly told the CBI.

Except that, now the probe is  going on at a snail’s pace as no advocate is appearing for the arrested police officers. For the past couple of months, the CBI is stuck at obtaining permission to match the voice samples and permission of the government to prosecute the accused officials.

The new government might have launched the Guidya helpline, but it is silent over the case like the previous government.

The wave of anger among the people of Shimla has now begun to fade. The people were expecting that the case would pick-up pace after the formation of the new government, which did not happen.

The Bhartiya Janata Party had made a lot of clamour over the law and order situation and slow pace of the investigation. However, after coming to the power, the prosecution sanction against the arrested police officials still remain pending.

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Watch: Tribals in Kinnaur village blow off HPPCL, police allegedly trying to fool them over hydro project

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Lippa villager tribals vs hppcl

Kinnaur: The Lippa Village in Kinnaur is one of the several villages including Rarang, Pangi and Telang that are facing pressure from the Himachal Pradesh Power Corporation Limited (HPPCL) to allow them to start construction work on the 130 MW Kashang Stage II and III power project despite a stay given by the National Green Tribunal (NGT) in May 2016.

As per the villagers, the NGT had held that no objection certificate should be obtained from the affected village gram sabhas before issuing a forest clearance. However, the gram sabhas never gave any NOC as their individual claims under the Forests Right Act 2006 were not settled yet. However, the HPPCL claims it possesses the NOC given by the villages and trying to re-open the construction work using various pressure tactics, allege the villagers. The villagers question the Corporation from whom did it obtain the NOC.

On October 9, 2018, the HPPCL staff came to Lippa village with a heavy local police force to discourage villagers from protesting. What requires attention here that the district administration and the local police, thus the State Government, are assisting the Corporation in its bid to violate the court orders. Moreover, as seen in the video, a local police official was also seen arguing in support of the Corporation with the villagers when it wasn’t actually his job.

They definitely underestimated the villagers considering them mere bunch of tribals and tried to fool them.

However, they faced severe protests and demonstrations from the locals, united under the banner Paryavaran Sanrankshan Sangharsh Samiti. Eventually, the HPPCL staff and police force had to retreat after villagers stopped and reasoned with them.

Another fact that needs attention here is that the villagers reasoned with them legally. They were aware of all proceedings of the court as well as its directions to the Corporation. The Corporation and the police tried their best but couldn’t confuse villagers by flashing papers signed by the Deputy Commissioner of the Superintendent of the Police.

The work on the project cannot be started by HPPCL on account of the non-completion of the process under the Forest Rights Act 2006 in the area,

said members of the Samiti.

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The National Green Tribunal on May 4, 2016, directed the Ministry of Environment and Forests and the State Government of Himachal to place the forest clearance proposal in front of the affected Gram Sabhas for their perusal. The judgment was passed in an appeal filed by Paryavaran Sanrankshan Sangharsh Samiti Lippa against the forest diversion for the said project.

Lippa village picture

Lippa Village in Kinnaur, Photo: Manshi Ashar

The appeal was made on the grounds that HPPCL had violated the provisions of the FRA Act, which require a mandatory NOC of the Gram Sabha of villages to be affected by the diversion of forest lands for the project.

The judgment had concluded that “the Gram Sabha shall consider all community and individual claims” in the process bringing under it the cultural, religious, environmental and livelihood impacts caused due to the loss of forests and water sources.

The process of filing claims on forest land under the Forest Rights Act was initiated by the Forest Rights Committee of Lippa, formed for verification of the claims in the year 2016 itself. As many as 47 individual claims and one community claim were sent to the sub-divisional level committee (SDLC) Pooh, the Samiti said. However, the process of settlement under FRA 2006 has been slow due to the apathy of the administration and the State Government, the Samiti alleges.

It said that last month the District Level Committee has recommended the Community forest rights claim of Lippa whereas the Individual claims were not yet recommended. No specific objection or reason has been stated by the SDLC held on August 31, 2018, as to why the individual claims were being returned and not recommended. The people are in the process of filing petitions to the DLC requesting the SDLC to state the reasons based on which they have not been recommended.

Meanwhile, the Samiti alleges, the company, instead of waiting it out till this process is complete has been pressurizing the villagers to allow them to start work on the project in the area for which the forest rights claims have been filed.

In 2017, the State of Himachal Pradesh falsely contested in front of the NGT that despite sufficient time the claimants (residents of Lippa) have not submitted their claims and have not been cooperating, said the Samiti.

Following submissions from the Paryavaran Sangharsh Samiti that the claims were already under process, the NGT put on record in December 2017 and January 2018 that individual and community claims had, in fact, had been filed by the villagers.

It needs to be noted that the final judgment and subsequent orders of the NGT clearly state that the project proponent can approach the village for the consent of Lippa gram sabha on forest diversion for Kashang integrated project stage I and III only when the process of settlements of rights under FRA gets completed

Despite this, the HPPCL has used various pressure tactics on us to allow construction work. Various visits have been made by project authorities to the village to misguide and intimidate the people and begin work. On August 24, 2018, the Superintendent of Police, Rekong Peo issued a letter stating that the project proponent would have to be given police protection as they had completed all legal requirements as per the NGT orders. This is completely false,

said the members of the Paryavaran Sangharsh Samiti.

We are extremely troubled that instead of waiting for the process under FRA to be completed and following the spirit of this act of the Parliament as well as the NGT order, the company is misleading the police and seeking police protection against the interests of the community,

the members further said.

The Paryavaran Sangharsh Samiti Lippa also sent a counter to the Superintendent of Police with a point-by-point response on the false objections raised. The counter also stated that “in case of any violation we will be forced to file a complaint under the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 and Amendment Act, 2018”.

The Section-3(g) of this act states that wrongfully dispossessing a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interfering with the enjoyment of his rights, including forest rights, over any land or premises or water or irrigation facilities…by a non-SC-ST person (without consent or against will) is a punishable offence.

Despite that, the police entered the village on October 9 to pressurize the villagers. However, after the protests and detailed deliberations, the official team and police were forced to return.

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In times of climate change, how do Himachal’s people want their mustard?

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Farming of Mustard Oil in Himachal Pradesh

If one was to walk through a village in Himachal Pradesh in the early 1940s, there would be the sound of many wooden wheels turning. One of them would be the spinning wheel (charkha) used to make thread from sheep’s wool for weaving coats or chola and pattu on a loom (khaddi).Another would be a water wheel (gharaat), which rotated in the water of the kuhlsor canals, grinding the wheat in the mill or chakki above. While these first two wheels continue to exist, albeit in small numbers, the third village wheel has almost completely disappeared. The third wheel, the oil mill or kolu, used the force of ox and buffaloes to turn a heavy stone, which in turn would grind mustard and flax oil seeds into fresh oil.Although Himachal does not produce as much mustard as the larger states in North and Western India, it has always been an essential crop to everyday life.

Spinning the wheel of time back to the 1940s again, we learn that the kolus or oil-press mills were run mainly by Muslim families. As Pradan Ram of Rakkar village, Kangra district said,

The Muslim families that were our neighbours ran these oil mills. They were the telis. Some of them also played shehnai at the temple, but most of them ran the oil mills. We would take our mustard or flax seeds and get them ground at the mills. In the higher up regions of Kullu- Lahaul, people made walnuts, apricots and other oils. Nobody bought oil from any shop! We would pay the teli with our grain.

Post-partition, the Muslim population in most parts of Himachal Pradesh diminished, and now stands at around 4% living mainly in Chamba, Una and Solan districts. From a history of great syncretism, and communities living and sharing resources together, what followed were times of great division. These divisive times were seen in agriculture with the impact of the Green Revolution in the 1960s, where the Barah Anaaj or 12 mixed crop system, of which mustard is an important crop, began to disappear in favour of monocropping. These 12 crops used to include combinations of maddua (finger millet), ramdana (amaranth), rajma (kidney bean), mung (green gram) lobia (black-eyed peas), kuttu (buck wheat), kulath (horse gram), makki (corn) and math (a local soya bean), alsi (flax seed for oil), sarson (mustard seed), sorghum (jowhar), pearl millet (bajra), chana (chickpeas). In addition to this gourds, greens and wild vegetables and flowers were grown and collected.

Each of these crops has a different resilience, some thrive acidic soils, some can survive floods, while others can survive droughts. In fact, the traditional seeds of our region are treasures that also have unique tastes and health properties.

shares Mansingh of Nain village, Kangra district.

As wheat and rice became more popular, in the 1990s, farmers began to practice mixed farming, however no longer of twelve crops. Mustard continued to be the main crop, grown in almost every farmer’s field. While the Kharif crop would have corn in the higher fields, rice in the lower fields mixed with chickpeas or lentils, the rabi crop, would have wheat along with math and mustard. While the math seed provides nitrogen to the soil, the mustard was known to support the wheat crop.

When it rains heavily, the wheat crop can fall, therefore we grow mustard alongside so that they can bear each other’s weight,

shared Kavitha Devi a farmer of Sukkad village in Kangra district.

Another turning event for farmers was in 1998 when the Indian government ordered all traditional oil mills to shut down and they were deemed unsafe. Coincidentally, this was the time when cheap GMO soya oil began to flood the Indian markets. Many farmers who did not grow enough mustard for oil and depended on the shops were now caught in a dilemma.

There was a time when we began to receive refined oil in the fair-price ration shops at one time, which sold cheaper than mustard oil. While some of the people bought it, they realised that they were increasingly getting joint paints. We complained in our panchayat and then demanded sarson oil,

Says Jagat Ram the owner of a fair price shop in Rakkar in Kangra district. Both Tibetan and Ayurvedic doctors in the region back up this claim saying that mustard oil eases joint pains and is good for health in general, whereas refined oils cause mass arthritis. Although the mustard oil in the ration shops comes from Punjab and not their own fields, farmers in Himachal stood up for the mustard seed as an important part of their lives.

However, since the 2000s, this intrinsic importance has begun to be questioned. This is for several reasons, one of them being the financial pressure to grow cash crops (apples, ginger, kiwis, off-season vegetables) that can sell at a higher price. Another big factor is climate change, where unpredictable weather patterns have set in. The Agriculture Department has identified that the local mustard varieties are facing a major aphid insect problem due to climate flux and recommend the use of hybrid seeds.

The University recommends the gobi and farm hybrid seeds and this is what we distribute,

says a worker at the Agri Department outpost in Sheela Chowk, Kangra District. Most farmers nowadays grow their wheat crop without intercropping with mustard. They grow the two crops separately.

As traditional seed saving dwindles, adding in the problem of monkeys and furthermore erratic rains and hailstorms, farmers are in crisis. In what scientists of Delhi University and the Deepak Pental team feel is the solution for agriculture, seeds of GM Mustard are being proposed as a move towards the future.

When told about GM Mustard, some farmers like Vimla Devi of Banala, Kangra district outrightly refuse the idea. She says that there are plenty of local varieties of mustard in Himachal and it is a question of reviving them.

We prefer our local mustard seeds, black and white seeds, as the saag is tasty, they give plenty of oil for cooking, medicine and our hair and we can use the dried stalks as a broom as well,

she said. 

Small farmers across India have gone on a Sarson Satyagraha to prevent GM Mustard from being released. Although India illegally imports GM foods, if GM Mustard is approved, it will be the first GMO food crop being grown in India. Governments of Kerala, Tamil Nadu, Delhi, Bihar, Odisha, Madhya Pradesh, Haryana and W. Bengal have said NO to GM Mustard stating that GMOs have been proven to have health effects but more to take away farmer sovereignty and make them dependent on companies, Universities and the State. GM crops also destroy diversity, meaning that they require a monocrop plantation, and cannot co-exist in mixed farming fields like earlier.

At this critical juncture, in times of climate change, one can only hope that the “wheel of time” in Himachal Pradesh withstands the pressure of the future, looks to its small holder farmer with their history of successful mixed farming and manages to revalue what the past has left behind. After all, without mustard oil in the madra curry in the village dhaam feast or pathrode made of mustard and collocasia leaves in the monsoons, and even more ‘makki di roti and sarson da saag’ in the winters, life for pahadi people is incomplete!

Author Aditi Pinto is based in Rakkar, Himachal Pradesh. She uses writing to give a historical perspective to the current environmental crisis.

This story is being published as part of a GIZ-CMS Fellowship

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Himachal’s fitness enthusiast shines at Indian TV Reality Show

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Himachal's Fitness enthusiast sachin sharma of Shimla

Shimla: Sachin Sharma, a handsome man of 26, is currently a person who stands in contrast to Himachal Pradesh’s ill-famed youth struggling with drug and substance abuse – a crucial issue that has sounded an alarm in the State. Sachin is the one who joined a gym at the age of 19 – an age at which teenagers are struggling to escape from the jaws of drug/substance abuse, especially Heroin (Chitta).

Sachin, born in a middle-class family of Deha village, Theog, Shimla district, recently appeared in what could be called India’s first fitness reality show “Indian Fitness League.” It wasn’t a bodybuilding show, but the challenge was to undertake tasks designed to check who is the fittest. Sachin was the only one from Himachal to have made through the auditions. He was selected as one of the 40 fittest people of India. He earned the special attention of the hosts of the show as well as among other competitors.

The next episode of the TV show would be telecasted on October 6 on Discovery Sports at 4 PM.

To know more about him, Himachal Watcher interviewed him (Watch Video). We found that his story is inspirational in its own way:


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Far from ill and unhealthy habits, he doesn’t smoke, doesn’t drink or take anything that would toy with his physical and mental fitness. He definitely doesn’t take steroids. Since last seven years, he has followed a strict discipline in diet and habits. He didn’t compromise with his studies either. He completed his schooling from Dayanand Public School in Shimla.

In 2018 he completed his post graduation in Masters of Business (MBA) from Himachal Pradesh University and had procured a placement for himself too.

He wasn’t born with a silver spoon in his mouth so placement did matter for him. His father Mohan Lal Sharma and mother Subhadra Sharma are both serving with the Crime Investigation Department (CID), HP, as Assistant Sub-Inspector (ASI) and Head Constable respectively. It wasn’t easy to manage an additional expenditure of Rs. 15,000 – 20, 000 on his protein diet for seven years.

At this point, his decision-making ability was put to test. He had to choose one of the two: job placement and passion for fitness. He listened to himself and decided to seek a career in the fitness industry.

Though Sachin’s body is in good shape, he isn’t actually a bodybuilder. He is a fitness enthusiast, who has trained without a professional trainer or a mentor. He made ample use of YouTube to learn. He didn’t take up fitness as his passion because he was inspired by someone. He was his own inspiration.

He first received an opportunity to get on a stage at annual Mr. Himachal competition. Later he won the Maruti Suzuki Devils Circuit held in Chandigarh.

Now, after his tremendous performance at the IFL, Sachin has received sponsorships and was inducted in the TG Athlete group. Opportunities in the fitness industry have begun to appear before him. He believes that someday, he would extend support and guidance to other fitness enthusiasts of the state, which he could hardly receive for himself.

He is an idol for the youth of Himachal, especially because fitness is an antonym to drug/substance abuse and indiscipline. In the majority of cases filed under the Narcotics, Drugs & Psychoactive Substances (ND&PS) Act, the accused are reported to be between 20-25 years. A couple of days back Shimla Police arrested a 22-years-old local boy with a packet of Lysergic acid diethylamide (LSD) stamps. 

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