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Midnight raids and illegal arrest of journalists under fabricated charges

Bikram Swain, Abinash Behera, Ramkrishna Galori, Chandrakant Panda and Dipak Maharana

Journalists

Odisha

HRDA has issued an urgent appeal to the National Human Rights Commission of India on January 18 2022 regarding the intimidation, arbitrary detention and illegal arrest of journalists under fabricated charges by the Odisha Police.

On December 17, 2021, , Dr. Biswajit Sahu attached with the Korukonda Community Health Centre submitted a written complaint at the Malkangiri Model Police Station. He alleged that on December 16, 2021, five persons, including Mr. Swain, forcibly entered the hospital premises in a drunken state claiming they were journalists and entered the female ward. They broadcast live visuals outraging the modesty of patients. When doctors and nurses on duty objected, they abused and assaulted medical staff, damaged hospital property and demanded a ransom. 

Police registered an FIR against Mr. Abinash Behera, Mr. Bikram Swain and three other unnamed persons immediately upon receipt of Dr. Sahus complaint without questioning them even once. On December 18, 2021, around 50-60 police personnel, all in civil clothes without any name tags, dragged, arbitrarily detained and illegally arrested all four HRDs. 

Late night police brought all five HRDs to Malkangiri Model Police Station where they were detained overnight. While police threatened and intimidated all journalists in custody, the personal security guard of Sub Divisional Police Officer of Malkangiri, Mr. Abhilash G, slapped Mr. Dipak Maharana on his face on twice.

The HRDs were produced before the Sub Divisional Judicial Magistrate, Malkangiri on December 18 in the afternoon, where they learned of the case against them. They were remanded in Malkangiri sub jail and released on bail on December 23, 2021. Subsequently, Mr. Swain and others filed a written complaint at the Malkangiri Model Police Station against doctors and medical staff, and police registered a counter FIR. But no action has been taken against accused medical staff yet.

The midnight raids on homes of well-known journalists, their illegal arrests violating the DK Basu guidelines of arrest; threats, intimidation and assault in police custody. These instances amount to a gross abuse of the HRDs’ fundamental right to life and personal liberty granted by Article 21 of the Indian Constitution. The right to exercise freedom of speech and expression is enshrined under Article 19(a) of the Indian Constitution.

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